http://www.wired.com/news/print_version/politics/story/14855.html
Wired News: Hacker Can't Get Access By Arik Hesseldahl
8:35pm 4.Sep.98.PDT
The epic legal wrangling in the Kevin Mitnick case took a new turn last week when the accused hacker lost an appeal to access certain encrypted data that his attorneys say could help him. The data, seized by the FBI from Mitnick's computer when he was arrested in 1995, could contain evidence that could prove him innocent of some of the charges against him, according to his defense. In its encrypted form, the data is useless to prosecutors, who may have tried to decode it and failed, said Donald C. Randolph, the Santa Monica, California, attorney defending Mitnick. .... "We told the judge that giving him access to those files was like giving someone access to a locked safe that might contain a gun," Painter said. "[Mitnick's attorneys] claimed in court that the data might contain exculpatory evidence but offered no further explanation." Greg Vincent, Randolph's associate on the case, said that under federal rules, Mitnick should be given access to all the evidence against him, and that by denying such access, the government is opening itself up to losing an appeal should Mitnick be convicted. Vincent also said the government was willing to give access to the encrypted files, provided that Mitnick hand over the password. This, said Vincent, would violate Mitnick's Fifth Amendment rights against self-incrimination. Painter confirmed that the files had not been decrypted by the government.