The Fugitive Game: Online With Kevin Mitnick (57 page)

Source material included: Internet "copies" of Shimomura's voice

mail tapes; Peter Moore's
Playboy
e-mail;
U.S. News & World Re-
port; Wired
magazine; Shimomura's January 25 Internet post;
CERT briefing; interviews with the Los Angeles Metropolitan De-
tention Center, the Federal Correctional Institute at Lompoc, and
the Federal Bureau of Prisons;
Spectacular Computer Crimes; Mur-
der in the First
(movie); the
New York Times;
De Payne's Internet
post to 2600;
Newsweek;
Captain Ziese's Internet post; Rik Farrow,
Unix security expert.

Based on interviews with: Ivan Orton, King County prosecuting at-
torney; David Schindler; U.S. Marshal William Berryhill Jr., Raleigh,
North Carolina; Bruce Katz, Well Chief Executive Officer; Hua-Pei
Chen, Well technical manager; John Markoff and the
New York
Times,
San Francisco bureau; the Player's Club apartment manager
and staff; Special Agent John Vasquez; John Bowler, Assistant U.S.
Attorney, Raleigh, North Carolina; Jessica Gerstle, NBC; John John-
son of the
Los Angeles Times;
Julia Menapace; Tsutomu Shimo-
mura; Kevin Mitnick; Special Agent Jim Walsh.

The following publications, organizations, articles, transcripts,
documents and book provided source material: Lewis De Payne tape
recording of his conversation with Mitnick;
All Things Considered radio broadcast; CBS Evening News; the
New York Times;
LeVord
Burns's FBI affidavit; the FBI; radio transcript of Shimomura press
conference;
The Hacker Crackdown,
by Bruce Sterling; federal stat-
utes;
The Nation,
"Cyberscoop";
Wired;
Communications Daily,
"Immunity Needed, Markey Panel Sees Dark Side of Electronic
Frontier"; "Civil Liberties, Virtual Communities, and Hackers," by
Howard Rheingold; the
Washington Post;
the
Hollywood Reporter; the
Daily Variety; USA Today;
the
San Jose Mercury;
Associated
Press.

Fair use or permitted quotations were made of public posts by:
Patrizia DiLucchio, Larry Person, Bruce Katz, Mark Graham, Hua-
Pei Chen, Claudia Stroud, Emmanuel Goldstein, Douglas Fine,
Netta Gilboa, Mike Jennings, Devoto, Charles Piatt, Aaron Barn-
hart, Bruce Koball, David Lewis, Chip Bayers, Chris Goggans.

Based on interviews with: Bruce Katz; Bruce Koball; Claudia Stroud;
Mark Graham; Kent Walker, Assistant U.S. Attorney in San Fran-
cisco; John Mendez, attorney for the Well; Hua-Pei Chen; Robert
Berger, Chief Technology Officer of Internex Securities; Mark
Seiden, Internex Securities consultant; Lewis De Payne; Jim Murphy;
Joe Orsak; U.S. Magistrate Wallace Dixon; John Yzurdiaga, Mit-
nick's attorney; David Schindler; Kevin Mitnick; anonymous deputy
U.S. Marshal in Raleigh; Ivan Orton; Todd Young; John Markoff;
Emmanuel Goldstein; anonymous hackers; Mark Lottor.

Source material included: Well intrusion records; Rockport Com-
pany, Inc.;
The Hacker Crackdown;
FBI affidavit; government court
filings; Mitnick Sprint phone records; the
Washington Post;
CNN;
RDI Computer Corporation; Kevin Mitnick's 1995 letters to the au-
thor; Wilson County Jail; Mitnick's motion to suppress; the
Los An-
geles Times; Rolling Stone
magazine; Hyperion Press
Publishers
Weekly
advertisement;
The Nation.

Draws on interviews with: Todd Young; an anonymous deputy U.S.
Marshal in Raleigh, North Carolina; John Yzurdiaga; the San Fran-
cisco U.S. Attorney's office; the FBI; David Schindler; Scott Charney,
Department of Justice; Kent Walker; John Bowler; Mark Lottor;
Emmanuel Goldstein; Lewis De Payne; Wilson County Jail authori-
ties; anonymous hackers.

Source material included: the
Washington Post; The Nation; Roll-
ing Stone; Wired;
the
San Francisco Chronicle;
the
San Francisco
Examiner; Publishers Weekly;
RDI Computer Corp.; Sun-tzu's
The
Art of War;
Mitnick's 1995 letters and sketch to the author; Govern-
ment and Defense motions re: U.S. v. Kevin Mitnick; the
New York
Times;
the
Washington Post;
the
Daily Variety;
the
Los Angeles
Times;
Markoff/Shimomura letter of October 13, 1995; Mark Lot-
tor; De Payne fax to the author.

Following is the unsigned October 8, 1995, letter to the author from
John Markoff and Tsutomu Shimomura:

October 8, 1995

Jonathan Littman

38 Miller Avenue Suite 1 zz

Mill Valley, California 94941

Dear Jonathan,

This is in response to your separate letters to us. We apologize for
not being more prompt, Tsutomu was travelling on business and did
not receive your September 5 letter until recently. As you know we
have a contract with Hyperion for Tsutomu's account of his partici-
pation in the arrest of Kevin Mitnick, and at the request of our pub-
lisher we have decided not to participate in other books on the same
subject.

First, in response to your September 7 request to John Markoff,
for permission to reprint his March 14 Well posting, he is not willing
to give permission.

However, we do think it is appropriate to respond to several
points where you have received inaccurate information.

Our responses are not intended to be a comprehensive answer to
your list of questions, but only to protect you from including li-
belous material in your book.

Tsutomu was not asked by any governmental, military or intel-
ligence representative to assist in the capture of Mr. Mitnick. All of
his actions were taken in response to requests for assistance from
both The Well and Netcom to deal with extensive and persistent
breakins.

Tsutomu's decision to tell John Markoff that he was travelling to
Raleigh on Sunday morning was done without contact with any law
enforcement agency. Markoff flew to Raleigh independently six
hours later after discussing the possibility of a story with his editors
at the
New York Times.
Markoff did not at any time assist or par-
ticipate in any aspect of the investigation into Kevin Mitnick's ac-
tivities; Markoff was there only as an observer in his role as a
newspaper reporter.

Moreover, in Raleigh on Sunday evening the Cellscope equipment
was never placed in Markoff's car, and there was never any discussion about taking it out of the Cellular One engineer's van or about
placing it in Markoff's car. Markoff parked his car near the cell site
that night and then later drove back to his hotel.

Tsutomu never told anyone from law enforcement that anyone
had authorized or cleared Markoff's presence in Raleigh.

Tsutomu was informed by the Justice Department that his actions
on behalf of the Internet providers and the cellular telephone com-
pany during the course of the investigation were covered under their
fraud detection and prevention exception granted to these organiza-
tions under the ECPA.

Tsutomu did have discussions with the National Security Agency
about funding computer security research, the results of which were
to be placed in the public domain, however no research grant was
ever made. Tsutomu was not aware of any statements made in the
search warrant until many days after the arrest.

Tsutomu did not lure Mitnick or anyone else into breaking-in to
his computers. The attack was entirely unprovoked.

No copies of any files allegedly stolen by Mitnick were provided
by Tsutomu to anyone other than the legitimate owners.

The first discussion of the possibility of a book on the subject of
Kevin Mitnick's arrest took place on Thursday February 16, when
John Markoff received a telephone call from John Brockman, a New
York City literary agent, proposing a collaboration between Mar-
koff and Shimomura.

You will remember, we hope, that after his July 4, 1994 article
about the hunt for Mitnick, Markoff did not wish to pursue the
subject of Mitnick's life as a fugitive and referred a freelance article
on the subject proposed by Playboy to you.

Also please note that you are inaccurate in stating that Tsutomu
requested immunity before testifying before Congress on April 1993.

We realize this is a delicate issue for you because of your involve-
ment and communication with Kevin Mitnick during the period he
was a fugitive. However, since your questions suggest you believe
there may have been something inappropriate in Tsutomu's cellular
telephone software development work, if you do include material in
your book along this line, journalistic ethics require you to include
the following: Tsutomu, unlike Mitnick, in all of his computer security research over a fifteen year period, has always, whenever he has
found a vulnerability, made it known to the appropriate people,
whether CERT, or a private company at risk, or the United States
Congress.

Sincerely,

(signed)
John Markoff
Tsutomu Shimomufa