From: Lazlo Toth <lazlototh@hempseed.com>
Date: Wed, 9 Sep 1998 07:20:58 +0800
To: cypherpunks@cyberpass.net
Subject: Mitnick wants cyphertext; gov't wants keys
Message-ID: <v04011709b21b77ad42e7@[207.22.4.32]>
MIME-Version: 1.0
Content-Type: text/plain



>http://www.wired.com/news/print_version/politics/story/14855.html
>
>Wired News:
>Hacker Can't Get Access
>By Arik Hesseldahl
>
>8:35pm  4.Sep.98.PDT
>
>The epic legal wrangling in the Kevin Mitnick case took a new turn last
>week when the accused hacker lost an appeal  to access certain encrypted
>data that his attorneys say could help him.
>The data, seized by the FBI from Mitnick's computer when he was arrested in
>1995, could contain evidence that could prove him innocent of some of the
>charges against him, according to his defense.
>In its encrypted form, the data is useless to prosecutors, who may have
>tried to decode it and failed, said Donald C. Randolph, the Santa Monica,
>California, attorney defending Mitnick.
>....
>"We told the judge that giving him access to those files was like giving
>someone access to a locked safe that might contain a gun," Painter said.
>"[Mitnick's attorneys] claimed in court that the data might contain
>exculpatory evidence but offered no further explanation."
>Greg Vincent, Randolph's associate on the case, said that under federal
>rules, Mitnick should be given access to all the evidence against him, and
>that by denying such access, the government is opening itself up to losing
>an appeal should Mitnick be convicted.
>Vincent also said the government was willing to give access to the
>encrypted files, provided that Mitnick hand over the password. This, said
>Vincent, would violate Mitnick's Fifth Amendment rights against
>self-incrimination.         
>Painter confirmed that the files had not been decrypted by the government.