Movie About Notorious Hacker Inspires a
               Tangle of Suits and Subplots
               Marin County author of Mitnick book says he
               was ripped off

               DAN FOST
 
                                            Thursday, May 4, 2000
 
 

               It was a glitzy party for a cheesy movie.

               Tina Brown, the editor of Talk magazine, came
               to San Francisco last week, unveiling for a tech
               and media crowd the Miramax movie
               ``Takedown,'' the hyped-up story of notorious
               hacker Kevin Mitnick and the effort to send
               him to prison.

               The reason why the magazine was promoting
               the movie was never exactly made clear to the
               150 or so people sipping wine and munching on
               asparagus spears, Chinese dumplings and
               chocolate truffles at the Delancey Street
               screening room on the Embarcadero. I suppose
               the folks at Miramax -- a partner in Talk --
               were letting the magazine use the flick to
               promote itself, and to show how cybersavvy it is.

               But never mind the movie. The really good story
               is in the fallout the film has engendered.

               The film is based on a book, also titled
               ``Takedown,'' that John Markoff, a New York
               Times reporter and one of Silicon Valley's
               leading journalists, co-wrote with computer
               security expert Tsutomu Shimomura, who
               helped catch Mitnick in 1995.

               The film stars Russell Wong as Shimomura and
               Skeet Ulrich as Mitnick. The real Shimomura
               even has a brief cameo in the film.

               Marin County author Jonathan Littman, who
               also wrote a book about Mitnick (``The Fugitive
               Game,'' published the same day as
               ``Takedown''), believes that many passages
               from his book were plugged into the movie.

               While Markoff and Shimomura received
               six-figure sums for the rights to their book,
               Littman hasn't received a cent -- and last
               month he filed a suit charging Miramax with
               copyright infringement. Miramax is contesting
               the suit.

               Mitnick, who was released from prison earlier
               this year, says he settled a lawsuit with
               Miramax in which he claimed the movie
               defamed him. He wouldn't reveal details of the
               settlement.

               Even Markoff, on whose book the movie was
               based, expressed disdain for what the
               filmmakers did to the story.

               ``I thought it was a fundamentally dishonest
               movie,'' he said the day after the screening,
               which he attended. ``This is every reporter's
               nightmare, to see the truth get trampled.''

               While Markoff wouldn't pass judgment on the
               merits of Littman's suit, his comments may
               have the ironic effect of supporting his
               onetime-ally-turned-rival. The two talked
               regularly and met for lunch while they were
               each following the dramatic story of Mitnick's
               life underground, but they each gave the other
               an unflattering portrayal in their books.

               Markoff's book told the story of Shimomura's
               pursuit and capture of Mitnick, while Littman's
               book was based on extensive conversations with
               Mitnick and was far more sympathetic to the
               hacker.

               The movie contains many scenes of Mitnick in
               his fugitive days, and Markoff admits that
               neither he nor Shimomura ``knew anything
               about Kevin's activities except for the two or
               three weeks that

               Tsutomu was chasing him.

               ``Markoff noted that the screenwriters didn't
               necessarily have to rely on Littman's book; they
               could have dug for information on their own
               from some of the voluminous public records in
               the case.

               The movie has been shown in France, and plans
               for American distribution -- whether in
               theaters or on television -- are unclear.

               Littman wouldn't comment on the lawsuit, or
               on anything Mitnick- related; his attorney, Bill
               Edlund of the San Francisco firm Barko,
               Zankel, Tarrant & Miller, handled all
               comments.

               But the complaint filed in Littman's case, which
               was e-mailed to me by his public relations firm,
               makes a compelling argument for copyright
               infringement. Miramax representatives would
               not discuss any specific points raised in
               Littman's suit.

               The complaint details several scenes from the
               movie that appear to come directly from
               Littman's book, including virtually the first 20
               minutes of the film.

               Scenes with eerie similarity include those
               depicting Mitnick meeting in a strip club with
               another hacker who is an undercover
               government agent, Mitnick conning Pac Bell
               employees into giving him information about
               security software and Mitnick using that
               software to eavesdrop on phone calls by FBI
               agents.

               A particularly damning comparison involves a
               page from Littman's book in which he writes
               that Markoff sensationalized Mitnick's story in
               a front-page article in the Times.

               Littman writes, ``There are plenty of allegations,
               but the only solid charge against Mitnick
               appears to be a probation violation, generally not
               the sort of stuff that lands a year-
               and-a-half-old fugitive case on the front page
               of the New York Times.''

               In the movie, an FBI agent reads that same
               story, and gripes, ``Even the article says there's
               no proof. Nothing connects Mitnick to any of
               these allegations. It's a reporter hyping a story.''

               You can bet that in Markoff's book, he didn't
               accuse himself of hyping the story.

               ``I learned about the story from an FBI source,''
               Markoff said, countering the movie's claim that
               his article spurred the FBI to investigate
               Mitnick. (The hype charge has dogged Markoff
               for years, with hackers and some journalists
               contending that he puffed up Mitnick's
               misdeeds and Shimomura's heroics in the
               Times for the purposes of getting a book and
               movie deal. Markoff said that he had written
               about Mitnick since 1981, when he was a
               reporter at Infoworld, and that he had no way of
               knowing his articles would become a book when
               he was writing them.)

               Littman's complaint also includes e-mails he
               and Mitnick received from one of the
               scriptwriters for ``Takedown,'' John Danza. To
               Littman, he wrote that, ``I'd really like to write a
               film that doesn't rely so heavily on Tsutomu's
               book.''

               To Mitnick, Danza said he read ``50 pages or so''
               of Littman's book, ``and find it much more
               interesting than Shimomura's book.''

               In both e-mails, Danza notes that his attorneys
               advised him not to read Littman's book for fear
               of opening him up to copyright violations.

               Littman is seeking an unspecified sum, and his
               suit claims that while Markoff and Shimomura
               received $750,000 for their book rights and
               $650,000 for the film rights, he received
               nothing. Markoff said the numbers were
               wrong, but he added, ``They're not off by an
               order of magnitude, but I still have my day job.''

               Even without the alleged copyright violations,
               the movie is a deeply flawed telling of the
               Mitnick story.

               Some scenes were invented out of whole cloth,
               including confrontations between Mitnick and
               Shimomura on the streets of Seattle and in a
               federal prison. It showed Mitnick hacking into
               Shimomura's computer, which even Markoff
               said was unlikely, and it also portrayed
               Shimomura as admitting wrongdoing in
               creating anti-hacking tools that ultimately fell
               into Mitnick's hands.

               ``It's a very sensationalized and fictionalized
               depiction,'' Mitnick said in an interview from
               his home in Thousand Oaks. Mitnick also said
               the book ``Takedown'' was false and
               defamatory, although he never sued the
               authors. He also said Littman's book contained
               inaccuracies, because he lied to Littman in
               interviews conducted while he was on the lam.

               Mitnick, 36, remains on probation until 2003,
               and he's now fighting his own First
               Amendment battle. He said his parole officer
               won't let him speak or write on computer-
               related topics for money, even though this is his
               area of expertise. ``The U.S. government is
               abridging my First Amendment rights,'' he said.
               ``They don't want me to talk.''

               Much of Mitnick's perspective on the case can
               be gleaned at a Web site,
               www.kevinmitnick.com, which is maintained
               by friends of his, because he is not allowed access
               to the Web or computers of any sort.