[TWIAR] theregister.co.uk - FCC to revoke ex-hacker's Amateur Radio License

[Greg Williams]

Being a HAM radio operator, I find this very disturbing.  He paid his debt
to society and now big government wants to come in and take away something
which in no way is connected to what he did?

Since when did the government care what was "moral and just"?  They just got
through letting an immoral pervert run this country for 8 years and now they
care about morals????
Greg





US to yank Kevin Mitnick's radio license
By Our investigative reporter
Posted: 22/12/2001 at 18:45 GMT


In a five-page order released Friday, the US Federal Communications
Commission (FCC) claims that 38-year old convicted hacker Kevin Mitnick is
not morally fit to be a ham radio operator.

"Mr. Mitnick's criminal background raises a substantial and material
question of fact as to whether he possesses the requisite character
qualifications to be and remain a commission licensee," the FCC said. "Given
his propensity to engage in criminal activities, particularly those
involving fraud, we have serious reservations about Mr. Mitnick's ability to
comply with our rules and regulations in the future."

What's more, the FCC reminds us, "Mr. Mitnick's prolific and damaging
hacking career made him the most wanted computer criminal in United States
history."

Mitnick was convicted of hacking-related felonies and was released from
prison in January of 2001. He's still on probation until January 2003.

Mitnick's had a ham radio license for about 25 years, and he applied two
years ago for what's normally a routine renewal. He's not accused of making
any illicit radio transmissions or any offenses that fall under the FCC's
jurisdiction -- it's just that official Washington firmly believes computer
hacking must be an unforgivable venal sin.

Under FCC regulations, Mitnick's loss of his license is probable, but not
automatic. A hearing will be scheduled at some to-be-determined date before
an FCC administrative law judge (who, no surprise, typically sides with the
bureaucrats). Appeals go to the full commission and from there to the
federal courts.

"It's just another example of them trying to harass me," Mitnick said Friday
evening. "Now I've got to spend money to keep a ham license. How
ridiculous."

"Obviously I'm going to have to fight for my right to be licensed," said
Mitnick, who uses his ham radio every day. If Mitnick doesn't respond in 20
days, he automatically loses.

Federal law requires amateur radio enthusiasts to obtain a license from the
government. Mitnick has a "general class" license that required him to pass
a five-words-per-minute Morse code test. (His callsign is N6NHG.)

This action against Mitnick doesn't affect his "Dark Side of the Internet"
radio show, which aired on KFI AM 640. Citing an advertising slowdown, the
radio station gave it the axe on 10 December.

The FCC believes it can do pretty much whatever it wants to Mitnick thanks
to an enormously favorable DC Circuit Court of Appeals ruling last year. The
judges said that the FCC could rescind the license of an amateur radio
operator convicted of calling long distance for free via fake access codes,
a felony.

"There is nothing unreasonable about the FCC's conclusion that (Herbert)
Schoenbohm's felony conviction was relevant to his license renewal. A
conviction for fraudulent conduct plainly calls into question a licensee's
ability to act in a manner consonant with FCC regulations," the panel of
judges ruled three to zero.

Fortunately for Mitnick, there's still a way to fight back. He can confess
that, yes, he was a felonious knave -- who's completely has changed his
ways. The agency's own "Policy Regarding Character Qualifications in
Broadcast Licensing" admits that "rehabilitation" is a mitigating factor.

Mitnick insists he's cured. "I was called to testify before Congress on
federal computer security and now they're questioning my character," he
says, noting that he even spent two days briefing the US Commission on
National Security.

The prosecutor who put him behind bars thinks otherwise. Christopher
Painter, now deputy chief of the Justice Department's computer crime
section, said earlier this month that Mitnick is still an unrepentant
wretch.

After running into his former courtroom adversary at the National Press
Club, Painter said: "My problem with Mitnick these days is that he's never
really accepted responsibility for his conduct... I hope he gets his life
together, and I bear him no ill-will, but I think if you don't accept
responsibility and you glamorize hacking and you get attention based on your
former exploits, that sends the wrong message to people." (Mitnick was in
town to speak at a Business Software Alliance conference.)

That was on 6 December. Five days later, the FCC decided to take action
against Mitnick. The decision became public on Friday.

A coincidence -- or a way to strike back at the world's most famous
convicted hacker? Says Mitnick: "I'm surprised that after two years they did
this. Why the delay? It's very suspicious to me." �