Mitnick's case should be of concern to all computer users. If the prosecution succeeds in their efforts, the Mitnick case could be used as a precedent to stifle the rights of other accused hackers.

Is this what the future holds for those accused of computer crimes? Almost undoubtedly. The area of computer law and computer crime is still in its infancy. The line between permissible and illegal computer usage is often unclear. Current wire-fraud and mail-fraud statutes encompass wide areas of common behavior. Similarly, computer crime statutes are broadly worded and criminalize behavior that many individuals may commit without ever realizing such actions are illegal. It is then within the discretion of federal prosecutors as to whether to seek an indictment and arrest.

The federal government is apparently using the Mitnick case to instill fear in the minds of computer users and to discourage activities they consider to be "hacking." The government apparently wishes to encourage individuals who have merely been accused of hacking-related offenses to plead guilty, rather than face lengthy pre-trial detention without the benefit of bail.

Kevin Mitnick's case will be groundbreaking. It will set the precedent and tone of future government behavior in all new areas of law. When proscribed behaviors are unclear should the government draft broad prohibitions, investigate, arrest, indict, hold without bail, and then clarify standards of behavior years later at trial?

We must win this case.

There are many ways to help. First, donate to Kevin Mitnick's defense fund. Judge Mariana Pfaelzer has delayed payment of Mitnick's legal bills, on the grounds that the case is not complex enough to warrant excessive attorney hours. In such a precedent setting case such as this, one would think that it would be impossible to spend too many hours. Further, the government is under no such restrictions. They can spend as many millions of dollars and thousands of person-hours as they see fit. Where the limits of this case may set the limits of their power in the future, is it likely they will set limits on their spending?

Second, get the word out to your friends, co-workers, and other computer users. The more people who hear an unbiased account of Mitnick's case, the more it will outrage ordinary citizens. It is doubtful many people even know that a presumably innocent accused individual can be held without bail for years in the United States.

Finally, keep up to date with this case. Otherwise, you may be the next Kevin Mitnick.

This information was written by Roger D. Slates ([email protected]) for the KevinMitnick.com website. Mr. Slates is a California attorney specializing in computer law. He regularly visits Mr. Mitnick in the Metropolitan Detention Center and is assisting Mr. Mitnick in his legal research and preparations for trial.