Jonathan Littman, an investigative reporter, has published "The Fugitive Game: Online With Kevin Mitnick," Little Brown, 1996. 381 pp. $23.95. ISBN 0-316-52858-7. It is a dramatic recount of Mitnick's exploits; the pursuit by Shimomura, Markoff, telcos and Feds; the bust and Markoff's tales; The Well controversies aand disputes about what really happened; suspicions of Shimomura and Markoff - - their complicity with TLAs, their movie and book dealings, their disputes with hackers and journalists. What Mitnick was telling Littman while a fugitive. Littman ends with this letter from Markoff and Shimomura: October 8, 1995 Jonathan Littman 38 Miller Avenue Suite 122 Mill Valley, California 94941 Dear Jonathan, This is in response to your separate letters to us. We apologize for not being more prompt, Tsutomu was travelling on business and did not receive your September 5 letter until recently. As you know we have a contract with Hyperion for Tsutomu's account of his participation in the arrest of Kevin Mitnick, and at the request of our publisher we have decided not to participate in other books on the same subject. First, in response to your September 7 request to John Markoff, for permission to reprint his March 14 Well posting, he is not willing to give permission. However, we do think it is appropriate to respond to several points where you have received inaccurate information. Our responses are not intended to be a comprehensive answer to your list of questions, but only to protect you from including libelous material in your book. Tsutomu was not asked by any governmental, military or intelligence representative to assist in the capture of Mr. Mitnick. All of his actions were taken in response to requests for assistance from both The Well and Netcom to deal with extensive and persistent break-ins. Tsutomu's decision to tell John Markoff that he was travelling to Raleigh on Sunday morning was done without contact with any law enforcement agency. Markoff flew to Raleigh independently six hours later after discussing the possibility of a story with his editors at the New York Times. Markoff did not at any time assist or participate in any aspect of the investigation into Kevin Mitnick's activities; Markoff was there only as an observer in his role as a newspaper reporter. Moreover, in Raleigh on Sunday evening the Cellscope equipment was never placed in Markoff's car, and there was never any discussion about taking it out of the Cellular One engineer's van or about placing it in Markoff's car. Markoff parked his car near the cell site that night and then later drove back to his hotel. Tsutomu never told anyone from law enforcement that anyone had authorized or cleared Markoff's presence in Raleigh. Tsutomu was informed by the Justice Department that his actions on behalf of the Internet providers and the cellular telephone company during the course of the investigation were covered under their fraud detection and prevention exception granted to these organizations under the ECPA. Tsutomu did have discussions with the National Security Agency about funding computer security research, the results of which were to be placed in the public domain, however no research grant was ever made. Tsutomu was not aware of any statements made in the search warrant until many days after the arrest. Tsutomu did not lure Mitnick or anyone else into breaking-in to his computers. The attack was entirely unprovoked. No copies of any files allegedly stolen by Mitnick were provided by Tsutomu to anyone other than the legitimate owners. The first discussion of the possibility of a book on the subject of Kevin Mitnick's arrest took place on Thursday February 16, when John Markoff received a telephone call from John Brockman, a New York City literary agent, proposing a collaboration between Markoff and Shimomura. You will remember, we hope, that after his July 4, 1994 article about the hunt for Mitnick, Markoff did not wish to pursue the subject of Mitnick's life as a fugitive and referred a free-lance article on the subject proposed by Playboy to you. Also please note that you are inaccurate in stating that Tsutomu requested immunity before testifying before Congress on April 1993. We realize this is a delicate issue for you because of your involvement and communication with Kevin Mitnick during the period he was a fugitive. However, since your questions suggest you believe there may have been something inappropriate in Tsutomu's cellular telephone software development work, if you do include material in your book along this line, journalistic ethics require you to include the following: Tsutomu, unlike Mitnick, in all of his computer security research over a fifteen year period, has always, whenever he has found a vulnerability, made it known to the appropriate people, whether CERT, or a private company at risk, or the United States Congress. Sincerely, (signed) John Markoff Tsutomu Shimomura