what's the real story here? (non-expert analysis) (Score 1)

Why can't the judge offer to place the information in his custody? The judge could rule on what could be used in M's defense and keep the rest in escrow until its status can be decided. Unless the contents are too sensitive for even the judge to see...? (DISCLAIMER: While I'm not a lawyer I do watch them on TV).

The govt seems to want that data badly. Did we ever find out exactly what Mitnick was supposed to have obtained during his tour of various secretive type computer networks? Odds are if there is anything it's in that encrypted data.

I can imagine at least five possibilities:

1) Predictible: The data is largely unremarkable but does constitute potential evidence against M and the govt dreams every night of forcing the data open so they can bring further charges about obtaining government secrets so the prosecutor can send him away (and not to an island) and hang him on his wall next to the hunting trophies (no doubt this would help their chances of promotion and help them further their boring existence).

2) Less predictable, but not unpredictable: The government wants to know exactly which of its depraved secrets are in that encrypted data - but only silly things only a government would think is valuable (psych profiles of slashdot members maybe? Inventory of our garbage?)

3) Less interesting: The data contains evidence that while not earth-shattering could be used to bring further charges so Mitnick is trying not to incriminate himself.

4) More interesting: the data contains evidence of some new shocking abuse of technology by the U.S. government and Mitnick is holding out because he feels the need to try and expose it?

5) As Sculley would say, it's also possible I've seen too many movies and TV shows :)

Trust no one