And this is WBAI New York. Next up we'll be off the hook with Emanuel Goldstein, not here, but accessible, we hope, by telephone. You have reached the Kremlin. In order to report the unconstitutional suspension of a legally elected parliament, press 1. In order to report the bloody suppression of resistance to the unconstitutional suspension of a legally elected parliament, press 2. In order to report the unanimous support of the unconstitutional suspension of a legally elected parliament by the morally bankrupt leadership of the Western democracies, press 3. For all of the above, press 4. You have selected option 4, all of the above. All of our unprincipled collaborators with Western business interests are busy right now. Please wait until the regime has had time to consolidate its power and try your call again. The telephone keeps ringing, so I ripped it off the wall. I cut myself while shaving, now I can't make a call. It couldn't get much worse. But if they could, they would. Believe me, mom, but the best is paid for first. I hope that's understood, but really, no! And you're listening to WBAI and Off the Hook. You'll notice that I'm not a manual. This is Isaac in the studio in beautiful New York. We're actually getting Emanuel on the phone as we speak. He is out in Los Angeles, who was actually present at Kevin Mitnick's sentencing earlier. Is he there? Hmm. He is there. Hello? Emanuel, Emanuel. Minor technical difficulties. Anyway, he'll be joining us from Los Angeles in the near future. Some interesting things in the world of the hacker recently. Those of you may be aware of DEFCON, the conference out in Las Vegas, which concluded this weekend. Let's see. I didn't attend, as was discussed on the previous show. I actually had my own conference, GHICON. GHICON being the Grand Hacker Invitational. DEF was taken, so I just took the next three letters. Those of you who tuned in last week knew that I got to know the opposite side of the wall of my apartment quite well. I'm here now, I think. I heard that ghastly noise that I think all our listeners hear. If you do a radio show, you don't know what we put our listeners through, but this is the kind of screech noise that the phone makes before we put our people on the air. I heard that, and I knew, wow, I'm on the air, because I've been talking for the last ten minutes, but nobody heard me. Well, here I am. I'm in Los Angeles. Is it sunny? Well, it's weird. Whenever you're in Los Angeles, there's always some kind of crisis going on. They have clouds moving in, and there might be thunderstorms, and of course, that triggers all the emergency broadcasting things and cuts into TV programs. So, when anybody goes to Los Angeles, or just you? Oh, it just seems that every time I'm here, there's something like a mudslide, a thunderstorm, tornadoes, whatever. They're all happening. So, keep in mind, folks, if Emanuel is going to Los Angeles, you don't want to be there for your own vacation. Definitely not. So, hello to you, Isaac. How are you doing, sir? And hello to Claude, our studio engineer this week, as we plod through the week's activities and find out what's been going on. Are you talking about the convention you had in your house? Yes, yes. GHICon. Sorry, I missed it. Oh, well, you know, you went to DefCon. Yeah, I went to DefCon. We had about, I think, just under 3,000 people there. So, I'm not sure how yours compared to that. I had the one. But the keynote was really great. I mean, I can't even speak about it, because it was so incredible, it was unheard of. Yeah, we had an attendance of one, and showed a couple of movies, popcorn, you know, really festive kind of atmosphere. Did the cops call on you? Not really. We tried to have a spot at the Fed, but it didn't work too well. Well, I guess the second one will probably be a little bit better. Yeah, I'm hoping. Things progress over time. GHICon, on the other hand, was an interesting convention, where we talked to all kinds of different people. Feds, hackers, phone freaks, various strange-looking people just were wandering around, some local Vegas types. And it's really good to get together once a year, at least once a year, and see what kinds of things are going on in the hacker world. It's amazing how the culture has grown. I mean, there are just so many people now who are a part of things. And so much history behind it all. So much, I guess, fame is attached to it, too, thanks to the media. And the media was certainly there in force as well. Yes, so I've heard. Yeah. It was interesting. Very interesting. And I'm glad I went, maybe next year. Well, next year we have H2K in New York. And it looks like, judging from all the people I talked to, I talked to a ton of people that want to take part in H2K. H2K, of course, being Hope 2000, the third Hope conference in New York City. There are so many people who want to take part in that, that we are really going to start organizing now. We're going to start looking for convention space. It will either be happening in June or July of 2000, and we should have definite dates pretty soon. If you're interested in helping out, please send us an email, oth at 2600.com. You know, I haven't checked my email in almost a week. I don't miss it. I don't miss it at all. Well, it'll hit you all at once quite well. I don't know. I think I could keep going on like this. I could keep not checking my email. It's just not caring. It's kind of nice to walk around and talk to people face to face for a change. The other guy I sent email to was without this thing anyway. It doesn't matter. I don't know. It's just kind of a different feeling to feel cut off, even though there's technology all around. You don't really want to go to Kinko's and log in from there. Yeah, I recall. But we did have the release of BO2K, which is Back Orifice 2K. A sequel to last year's release by the Cult of the Dead Cow CDC of Back Orifice. Same amount of hoopla? Same amount of hoopla and hype? A lot more hoopla. A lot more hoopla. There was a huge article in yesterday's Wall Street Journal about this. It was headlined, Federal Agents, Recruiters, Crash Hackers, Confab. Well, I guess they sort of have to talk about it. They crashed it, huh? Yeah, they have to talk about things like that. No, they didn't exactly crash it. I don't know where they get these things. But there was all kinds of talk in that and on CNN and various other places about the release of that program. CNN, I'm not sure if it was CNN or if it was, I think it was a CBS radio network, got it completely wrong by saying that hackers were releasing computer viruses onto the Internet. And in actuality, what BO2K was was simply, I guess, a strong statement as to the vulnerability of certain operating systems. In this particular case, Windows NT. And basically, the program was demonstrated, shown, given out. And really, there were so many people in that room, I could not believe. This is probably the largest panel, I think, in history of a hacker conference. How many people did you say were in there? Maybe 2,000 people in the room? That's a little send-off. It was probably 2,000 people in one room, which is pretty incredible. Well, last year, I saw photos of last year's, which was just people, standing room only, but not even enough standing room left. Then the air conditioning failed. Oh, of course. And you saw people trying to fan themselves. Some people had to be carried out. I saw this one guy go out with so much sweat. It looked like he had been swimming in his shirt. It was really quite a sight. And, of course, the whole reaction when they come out, it's like seeing a rock band perform. It's like seeing a Queen concert or something. You have these strobe lights and everybody jumping out on stage, wearing their crazy attire. It's a bunch of computer geeks releasing a product, basically. That's what it is. We're so insane here that that's how we're reacting. It's fun, though. You guys deserve to have a little bit of applause and everything. It's all about fun. And speaking of fun, I got to Vegas a day early. I don't know why. I just felt I should get there a day early. Some little voice in my head told me to do that. And as I was sleeping that first night, it was Wednesday night I got there, I heard something very strange. I kept noticing it as I was drifting in and out of consciousness. It's something you don't hear very often in Las Vegas. Do you know what that is? I'm not exactly sure. Thunder. Thunder, as in thunder and lightning. You mean like the slots, somebody cashing in kind of thunder? No, not that kind of thunder. Just the thunder coming from nature, of a thunderstorm. Like rain? It was a thunderstorm. It was a very big thunderstorm. In fact, when I did wake up, I turned on the TV set, and they were in emergency mode. They were talking about the whole city being shut down, floodwaters, trailer homes being swept away. They said it was the worst storm in a hundred years. And I was lucky enough to be there. And in fact, when I went out, I found that the hotel we were at was lucky enough to be stranded in between two lakes, and there was almost no way to get out. Of course, there was a way to get out if you drove in back of strip malls and over some people's lawns and things like that. Eventually, I had to do, because I couldn't stay in that hotel a minute longer. And it was very weird to see rain in Las Vegas. It just wasn't like it was before. It was much wetter. A lot. Well, they don't have any real way of dealing with water there. I think they still have puddles from that rainstorm. It doesn't drain as easily. So, it was an unusual event. And of course, that was right before the conference, when the conference began. I guess it was good timing, because it was the day before. It had to have been the day of. Yeah, that could have adversely affected the attendance. Well, considering that there were outdoor swimming pools and things like that, yeah, it definitely would have affected things. But there were a lot of interesting panels. A lot of interesting people showed up. We showed the nine-minute trailer for the film we're working on, of which you edited a substantial portion and Portrop did the rest. How did that come over? Well, a couple of times at DEF CON, we went over to Kevin Mitnick's grandmother's house, and showed it there. And she loved it. Showed it in a few other forums and places, and I think it turned out pretty well. I'm not sure exactly what we're going to do with the trailer from this point on. We are going to be dubbing some copies for some people that had requested it, media people perhaps. But basically, the film's name is Freedom Downtown. Ah, it's been decided. Yeah. I'm sorry? It's been decided upon. It's been decided, yes. That is the title of the film. In fact, that's where it was pretty much debuted when that nine-minute trailer was played on Friday night. And the film should be out in early spring. Excellent. And it really looks impressive. It played very well on the big screen. I was a little concerned about that, but I think it'll be a good piece, a good documentary on the hacker scene. We need one. We have a scene in there where we have a shot of Kevin actually in prison from the street. You can see him from the street waving out. It's just such an incredible image. And when everybody saw that, the place just erupted in applause because to actually see... It's just a pair of glasses and a hand waving the face of somebody that we've been focused on for so long. It just somehow brings it all home. And makes it mean more somehow. True enough. True enough. So yeah, that's a story with the film that will be coming out. We'll be working on that the next few months. Yesterday was the Mitnick sentencing hearing, and I'm sure a lot of people are interested in hearing what happened there. I'm actually interested in hearing what happened. Yeah, well, we drove from Vegas to Los Angeles because they were nice enough to schedule his sentencing hearing at the Los Angeles Tribune. So we took the drive. And in fact, a lot of people did this. We wound up filling up the courtroom, which I think is incredible. And it made a lot of difference. Kevin came out after a few minutes delay. I've got to tell you, he looks really good. He looks amazing. He was dressed very nicely. He looked happy, confident. And he saw the supporters there, and I know that made him feel really good. And, yeah, it was a very positive scene. Now, the judge, Mary Fowlter, saw her for the first time. She's exactly as she's been portrayed. Very feisty, very, I wouldn't say argumentative, but dismissive. She doesn't put up with any nonsense. And right away, when Don Randolph, who is Kevin's lawyer, started trying to explain things to her, you could tell that she just wasn't going to hear any of it. She was so impatient and kept cutting him off and telling him to move on and not take so much time to explain certain things. And it really threw him off guard. It could throw anybody off guard to have somebody constantly sniping at you like that. The issue that was being raised yesterday was mostly restitution. And Don Randolph was trying to explain to the court how Kevin Mitnick has no money, has no means of making money and doesn't want him to work in the computer field at all, which is where his expertise is. And that simply leaves a lot of possibilities closed. And he wanted the restitution to be based on minimum wage. And I believe the figure of something around $4,500 over three years was raised. What happened to $80 million? Well, that's the interesting thing. Even the government now has that figure down to $1.5 million. Oh, that's interesting. And at one point in time they even said that it could be half that. They said that very, very quickly and it went by. I'm not sure how many people actually caught that, but I'm sure it'll be in the court transcript. The interesting thing was when the government was giving their arguments, they were doing something else and pick up a different trade and pay them the money they want. So they had to say all these good things about Kevin in order to convince the judge that he could make more than minimum wage. The judge, I think, came down as hard on the government as she did on Don Randolph and was constantly berating them for various issues. One thing that came up, one of the documents that we put on our website a month or so ago, as you recall, Kevin's lawyer was being threatened with contempt of court for leaking those documents even though there is no evidence that he leaked the documents. I'm not going to comment on who leaked the documents, but the whole thing is pretty silly if you ask me. So she seemed pretty upset that this was even an issue. There's so many filings, so many motions, it's a big waste of time and you people are all a bunch of childish... She just was going off on how silly the whole thing was. Silly as far as wasting time with all this paperwork and she wanted to get it over with. And she also wanted to know from the government what they intended to do about Mr. Randolph if they intended to try to do that as strongly as I expected them to. They kind of just wanted to say that it was wrong and that they're not going to talk about it in the future publicly. And this is something that actually happened a few days earlier. There was a ruling that the future discussion of restitution, specific restitution to the victims, to the corporations like Nokia and... Yeah, to everybody from the corporations, the cell phone company corporations to Netcom to the well. But there are no specific people who are... No, no individuals at all. So that is what the issue was that they would hold these hearings in secret. They were basically engineering a cover-up where this kind of information, information that we put up on our website, which I think was of interest to everybody and I think it woke a lot of people up as to what this case is really about. Information like that will not be allowed to be seen. And that's just, to hear that they lost this amount of money because of Kevin, it only hurts them if they're lying. And that's what I have to assume is going on here is that these are wildly fabricated figures. But anyway, in yesterday's hearing, the figures were more or less rounded down to about 1.5 million. The interesting thing is... In total or per? I believe... Well, the way the judge described it, it only covers the amount involving telephone fraud and investigation and fixing security holes and things like that. Now, as to the rest of it, I did not hear any mention as to source code, as to developmental costs, things like that. And I've heard this from a couple of different sources that that's kind of just not even going to be dealt with anymore because the whole thing was completely... Bogus? Sorry? Bogus? Bogus is a good word for it, yeah. So if that's true, that's good news. 1.5 million does sound like a lot of money, and it is a lot of money. But if the restitution is based on Kevin's ability to pay, it at least looks like it won't be a crippling order. And the judge seemed to... The judge kept saying there is no doubt that there is significant damage here. It made me want to stand up and scream. But at the same time while she was saying that, she was also saying that obviously this amount of restitution is going to be unreasonably high, and that it has to be based on something that he's able to pay. Now as far as the case against Randolph, they kind of backed down on that. They said that since we're keeping it secret now that there's no need to proceed further. They didn't actually say that specifically, but that seemed to be the impression I got. The judge really lit into the government as far as telling them they have plenty of ways of preventing this from happening in the first place. That it's your job to be protecting the victims. At one point she said something I thought was really funny. I sometimes wonder what is on your mind. She said that to Chris Painter, one of the chief prosecutors. It was really funny because David Schindler, who is the main district attorney in this matter, kept jumping up to advise Painter on a couple of issues. They got chastised for that. They said that only one person can be presenting these arguments at one time. He was obviously trying to change their tactics mid-stream. Right after he did that at one point, Painter suddenly brought up the case of Kevin Paulson, who was in the courtroom, as an example of a hacker who then went on to become a journalist. Look, see, it's possible. A hacker can learn a new trade and become a journalist. That's what they caused. It was laughable, really. I asked Paulson about this later. He said what they seem to forget is that it takes a bit of skill to become a journalist in the first place. It's not something you can just snap your fingers and do. It was a kind of weird scene to see all this happening. It really was interesting. I wouldn't say any of it was dull. So where does this leave Kevin? Well, the re are some issues still to be resolved as far as what kind of retribution they're talking about. Retribution, I'm sorry. I keep saying that. I mean to say restitution, but it keeps coming out retribution. I don't know why that is. There's something of a slip there, yeah. Now, what the judge did was, she said she wants to see no more motions, no more filings. She's fed up with the whole thing, and she told Randolph that he can file one more motion on the no later than Thursday. And that will be it. That will be it. And from that, she's going to determine the amount of restitution. Now, she wanted to meet again a week from yesterday, to I believe the 19th of July, to determine the sentencing. She said he will be sentenced. This is not going to be delayed any longer. He will be sentenced. Of course, that's when Don Randolph was on vacation, so he had to kind of beg to be given another extension. And they extended it to the following Monday, July 26th. So what that means is, without any doubt, no question about it, nothing can stop it, July 26th, Kevin Mitnick will finally be sentenced. At that time, it will be decided what the amount of restitution will be, and it will be decided if he is to be released immediately into a halfway house, and that's that. Okay. So he's presently still in the detention facility. Yes, he's back at the Metropolitan Detention Center. But he can effectively count the number of days he has until sentencing on his fingers and toes. Yes, but that doesn't necessarily mean things will be over, because even if the judge says he should be released immediately to a halfway house, it's the Bureau of Prisons that has to actually make that happen. They have to keep the pressure on for months, even, if they feel like it, so it's important to keep the pressure on. Remember the case of Bernie S., where he was actually eligible to be released, and months went by and he was still in prison. It's more of a rhetorical how, like, how can this one division or bureau manage to keep somebody in jail after the court says you can let him go? Well, you see, what the court does is recommend something, and then the prison board decides how to implement it and when to implement it, so if they're out to get you, they'll get you one way or another. I wouldn't say they're necessarily out to get Kevin. In fact, everyone seems to be very interested in Kevin's case. I had a long talk with one of the security guards, you know, the guy that takes your bags and goes through it and takes out all the bombs and things. He was very interested in what happened in that courtroom. He knew about doing what he did. I had to explain the whole thing as to how there was no money involved. It was just curiosity looking at source code. What was his reaction? I'm sorry? What was the guy's reaction? He didn't seem shocked. He was genuinely interested in it, and he was like everybody else. When you tell him that, their attitude seems to change a bit. I mean, that's all he did. Of course, when the media reports it differently, and of course the media's been getting it wrong. He had other ideas. That is where it stands right now, July 26th. That is when the federal case will be decided, completed, finished. Now, the prospect, and this is also very similar to what happened to Bernie, the prospect of a state case against Kevin Mitnick has been raised. In fact, there was a hearing about that a few days ago where they basically set bail at a million dollars for the state case. The state case involves something having to do with trying to get information out of the Department of Motor Vehicles. I believe that is the single only charge that they are dealing with here. If they tried to throw anything else in there, it would be double jeopardy and he walks. Right. Well, of course, the way things work in the computer world, they can throw the same thing in there and call it something else. They can take wire fraud and call it computer fraud. I'm pretty sure it also has to do with getting information on Agent Steel, Justin Peterson, the hacker turned federal informant who was going around entrapping people and also ripping off the federal government at the same time. I don't have my facts wrong, but Kevin is accused of trying to find out information about this guy by requesting his DMV records. And for that, they are holding bail at a million dollars. And the real scary part of this is that when Kevin does get released from federal prison, he could immediately be taken into custody by the state then and put into a much worse place than the Metropolitan Detention Center, something like a county jail. And that's what we're trying to avoid. So this case is by no means over even when the sentencing happens. The nightmare just keeps going on. But he appeared to be in good spirits at the time. And I don't know if you saw that. I saw it on the news at first. I expected to see someone who had been broken, someone who had been victimized for over four years. I saw someone, you know, bright-eyed, confident, looking really sharp. I was just wondering who was this businessman walking in in a suit with a gun in his hand. And I was wondering who was this businessman walking in in a suit with a gun in his hand. And I was wondering who was this businessman walking in in a suit with a gun in his hand. And I was wondering who was this businessman walking in in a suit with a gun in his hand. And I was wondering who was this businessman walking in in a suit with a gun in his hand. And I was wondering who was this businessman walking in in a suit with a gun in his hand. And I was wondering who was this businessman walking in in a suit with a gun in his hand. 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