Notorious Hacker Gets 'Token' Sentence Aug. 10, 1999 LOS ANGELES (AP) -- A computer hacker accused of a multimillion-dollar crime wave in cyberspace has been ordered to pay restitution to his victims -- without relying on the only way he knows how to make a living. Kevin Mitnick, the only computer hacker to make the FBI's Ten Most Wanted Fugitives list, must pay $4,125 in "token" restitution to various companies and keep his hands off anything computer-related. As part of an earlier plea agreement, U.S. District Judge Mariana Pfaelzer also sentenced Mitnick to three years and 10 months in prison. With credit for time served, he will be eligible for release in a year. Pfaelzer told the 36-year-old Mitnick in strong terms Monday that she expected him to pay the restitution, though she doubted he will be able to earn more than minimum wage. "Just so we have an understanding, Mr. Mitnick, this is a token restitution order and you will be required to pay it. Do you understand?" the judge asked. "Yes, I understand it," answered Mitnick. On FBI Most Wanted list Mitnick was one of the FBI's Most Wanted fugitives when he was arrested in 1995 in North Carolina after a hacking spree that attracted worldwide attention from fellow hackers. His victims included such companies as Motorola, Novell, Nokia and Sun Microsystems, and the University of Southern California. He was accused of breaking into a North American Air Defense Command computer, although the allegation was never proven. Mitnick admitted in March to federal accusations he broke into the computers of several high-tech companies, stole software and installed programs that caused millions of dollars in damage. He pleaded guilty to five felony counts as part of the deal. Barred from technology Prosecutors had asked that Mitnick be ordered to pay $1.5 million, claiming his notoriety and skills will eventually allow him to earn money through book, film or television contracts. Defense lawyer Donald Randolph proposed his client be committed to a halfway house or rehabilitation center because of Mitnick's "obsessive behavior." The judge responded coldly, "I am not going to take that recommendation." During his incarceration and while on parole, Mitnick is prohibited from having access to what can be used for Internet access -- including computers, software, hardware, cellular telephones and televisions. He is also prohibited from working as a consultant to any firms with access to computers and may not obtain access codes, encryption data or any altered telephone equipment. Show of support At Monday's hearing, young computer aficionados crowded the courtroom to show their support. A 17-year-old, who would only identify himself by his computer call sign "Whippet," said he believed Mitnick was wrongfully locked up. He said he understood Mitnick's motivation as a hacker. "It's kind of like an adventure," he said. "You're just exploring. It's nothing malicious. It's like playing a sport, pushing yourself as far as you can go."
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