FC: More on FCC wants to yank Kevin Mitnick's radio license

From: Declan McCullagh (declanat_private)
Date: Sun Dec 23 2001 - 23:02:02 PST

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    Previous message:
    
    "FCC wants to yank Kevin Mitnick's radio license"
    http://www.politechbot.com/p-02963.html
    
    Text of order:
    http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-359A1.pdf
    
    ---
    
    From: Mqrhoadsat_private
    Date: Sun, 23 Dec 2001 20:07:51 EST
    Subject: Kevin Mitnick's radio license
    To: declanat_private
    
    Declan:
         These observations are my own and do not represent any organization that
    I have done work for.  The Kevin Mitnick case raises some interesting
    questions.
         1.  Is the FCC policy consistent or selective?  That is to say, does the
    FCC routinely review all license renewals for all ham radio operators to find
    out if they have been convicted of a crime and then deny licence renewals
    based on that fact?  Or do they just selectively look for high profile
    violators of other laws to make an example of certain people?  There are
    principles of due process and equal protection even for people who have been
    found guilty of something.
         2.  Is the FCC trying to generate a new principle of law that anyone who
    has been found guilty of anything shall therefore pay a price in any arena of
    law or policy, whether or not that area is directly related to the area of
    the violation?
         3.  Former President Bill Clinton agrees to forfeit his ability to
    practice law in Arkansas for a few years as part of a plea bargan concerning
    his admitted misrepresentations in Federal Court.  Does that mean the
    Department of Motor Vehicles in Arkansas should deny him the renewal of an
    Arkansas drivers license?  How about New York where he now lives?  How are
    the two issues related?  No more so that Mitnick's hacking crimes are
    directly related to his ability to safely operate a ham radio.
         4.  It seems as if the FCC is saying, we do not like X because X broke
    the laws concerning computer hacking.  Because X did that, X is a danger to
    us because his criminal history indicates he MIGHT use his ham operator
    licence in the future to commit some fraud on the public even though we have
    no evidence that he has done that in the past.  Courts do not usually admit
    into evidence prior bad acts that are not directly related to a current
    charge nor do they usually allow agencies to deprive someone of rights
    because an agency prospectively speculates that someone might commit a crime
    in the future.
         5.  When any government agency uses the enforcement hammer to punish
    people they don't approve of, even if those people are guilty of some crime,
    or to further policy preferences not directly related to their jurisdiction,
    they only wind up undermining their own moral authority in the end.
    
    Mark Rhoads
    
    
    
    
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