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<A
HREF="http://cgi.pathfinder.com/time/digital/daily/0,2822,593,00.html">TIME
Digital - September 9, 1998:      The Arre
</A>
-----
The Arrest of the Nutly Bomber
Part I of a Series
FROM WEDNESDAY, SEPTEMBER 9, 1998
ORIGINALLY PUBLISHED IN THE NETLY NEWS
For two years a pair of anonymous Net crackpots have been posting angry
tirades to a cryptography discussion list, in the form of a takeoff of
Netly called "Nutly News." Now the FBI and Royal Canadian Mounted Police
say that a digital signature connects them to a bomb discovered last
June in a Canadian courthouse.
It was about 5 p.m. on August 18. Carl Johnson, 49, was beating the heat
inside the Rialto Theater in what passes for downtown Tucson, Ariz. That
morning a friend had tipped off Johnson that the police were trying to
find him, but for now he had something else on his mind: his music. The
itinerant musician and writer had spent the last month furiously
scribbling lyrics, friends say, and he wanted a loan from someone he
knew who worked at the theater. It was for some recording work, Johnson
explained. This was going be his third album, after "My Way or the
Highway" and "Please! Stop Me Before I Sing Again."

But when Johnson left the Rialto, his musical career was cut short by
two federal agents from the IRS's internal security division. They
arrested him on charges of Internet threats against federal judges and
police. The Canadians wanted Johnson, too, on charges of planting a bomb
in a Saskatchewan courthouse.

The way federal agents tell it, Johnson spent much of the past two years
railing against the police, the feds, Bill Gates and just about anyone
else who crossed his path. His favorite online soapbox was the Internet
mailing list called cypherpunks, a kind of intellectual mosh pit that
was originally devoted to encryption and anonymity, but which has over
the years become far more wide-ranging. Many contributors to the
cypherpunk list favor pseudonyms, and the government has linked Johnson
with two widely used ones: Toto and TruthMonger.

To call their posts odd would be to pass up a perfect opportunity to use
the word "deranged." For two years Toto and TruthMonger mocked, flamed
and entertained the rest of the cypherpunks with screeds headed "Nutly
News" -- a reference to this publication -- and incoherent essays with
titles such as "Space Aliens Hide My Drugs." A sample: "The blatantly
subliminal messages being ceaselessly spammed into the Author's
MeatSpace environment, via the TV cable originating at an underground
Reptilian Nazi resort and spa deep beneath LizardMoor Labs and Gold
Retrievers." This guy would make even Robert Anton Wilson seem paranoid.


It was never clear why Toto spent so much time typing so many bytes of
blather. It was never even clear how many people wrote under the Toto
and TruthMonger pseuds. Perhaps he (or they) enjoyed the banter. Maybe
he (or they) found it cathartic. "I advise people who are afflicted with
such medical conditions as Tourette syndrome and [obsessive compulsive
disorder] to use anonymous remailers" to shield their identity, Toto
wrote in August 1997. Friends say that Johnson also has Tourette's
syndrome, and that he concocted a cocktail of Prozac and three other
drugs to keep his symptoms in check.

It wasn't until Toto started talking about bombs and death that the feds
decided to take action -- or, perhaps, found the excuse they were
waiting for. IRS agent Jeffrey Gordon began monitoring the discussion
group in early 1997 while investigating another cypherpunk named Jim
Bell for tax crimes. Bell had published an essay called "Assassination
Politics" that described how disgruntled citizens could participate in
the bounty-driven murder of "government slimeballs." He outlined a
scheme of anonymous betting pools and digital cash that he claimed would
be a workable way to overthrow the federal government. The plan was
simple and, Bell claimed, legal. In it, anyone interested in seeing a
"government miscreant" dead (IRS officials were oft-mentioned targets)
would contribute anonymously to a betting pool. The more people who bet,
the bigger the pot, and the greater incentive for someone to turn
assassin. The person, presumably the killer, who correctly guessed the
victim's time of death would win the pool of digital cash.

The IRS was not amused. When a team of agents raided Bell's home and
seized his computers in April 1997, they checked to see who he'd been
e-mailing. One frequent correspondent was -- you guessed it -- Toto.
"During the investigation of Bell I noted that Bell had exchanged both
private and public e-mail messages with an unidentified person using the
name 'Toto,'" Gordon writes in an eight-page complaint against Johnson
dated August 5, 1998. Toto himself echoed this point on the cypherpunks
list, writing that "Jim Bell was taken down a few hours after I had sent
him a copy of [an essay] chapter describing 'Assassination Politics,'
and asking his opinion on certain things."

For his part, Bell says he doesn't remember chatting with either Johnson
or Toto, though he was clearly tickled at the idea that his case had
sparked this latest controversy. "I do recall the name Toto as a regular
poster on cypherpunks," he said last Thursday in a phone call from the
Sea-Tac federal detention center. "I wish I could read the Internet to
keep up with all the news." Bell pleaded guilty to trying to impede IRS
officials and to using false Social Security numbers to hide assets. He
was sentenced to 11 months in prison (including time served), was
released, and was re-arrested in June 1998 on charges of violating his
relatively strict probation conditions.

Not long after Bell's initial arrest in May 1997, an anonymous message
 appeared in cypherpunks promising retribution. It claimed to be the
output of an Assassination Politics software robot (or bot) "operated in
response to the illegal and unconstitutional imprisonment of an American
citizen." It set a price of $1,500 for the death of Gordon, $2,610 for
the federal magistrate judge who signed a search warrant for Bell, and
various amounts for other IRS agents. The cypherpunks dismissed it as an
obvious spoof, and an inelegant one at that. But not Agent Gordon, who
kept watching.

In December 1997 another anonymous message showed up, called "Encrypted
InterNet DEATH THREAT!!!" It was a rambling, Toto-esque warning
addressed to Bell's appeals court judges and other federal officials.
("I will share the same 'DEATH THREAT!!!' with Judges Fletch, Nelson and
Bright that I have shared with the President and a host of Congressional
and Senatorial representatives... Am I going to whack you out?
Maybe...")

The message included a challenge. "Feel free to have the Federales break
down my door and imprison me for pointing out the obvious. After all, I
fit the profile of a domestic terrorist -- I quote the Constitution and
the Bill of Rights, and I speak out against increasingly big
government," it said. "This alone ought to be enough for some aggressive
young LEA and/or federal prosecutor to earn themself some
brownie-points, since I am a sorry enough son-of-a-bitch that they would
not have much trouble convicting me in front of a jury of 'their'
peers."

The message was digitally signed with Pretty Good Privacy software, and
according to the IRS, it would soon be matched to Johnson's personal PGP
key.

In the next installment: Unexploded bombs turn up north of the border
when the Royal Canadian Mounted Police is investigating a web prototype
of the "Assassination Politics Bot."

-- DECLAN MCCULLAGH
=====
------------------------------------------------------------------------
The Arrest of the Nutly Bomber
Part II of a Series
FROM WEDNESDAY, SEPTEMBER 9, 1998
ORIGINALLY PUBLISHED IN THE NETLY NEWS
For two years a pair of anonymous Net crackpots have been posting angry
tirades to a cryptography discussion list, in the form of a takeoff on
Netly called "The Nutly News." Now the IRS says that a digital signature
connects them to a bomb discovered last June in a Canadian courthouse.
While the FBI was building its case against Toto south of the border, he
was also raising eyebrows among the Royal Canadian Mounted Police. "He
was the subject of an investigation related to a web page," says RCMP
Cpl. Steve Foster. The web page, registered under the user name
"carljohn," featured a clever demo of how an automated Assassination
Politics Bot might work -- "for entertainment purposes only." The site
has since been shut down, but it was housed at the Canadian Internet
provider Sympatico -- the same one from which Toto had posted his
harangues to the cypherpunks list.

For entertainment purposes or not, even hypothetical talk of
assassinating government officials is enough to catch the attention of
the Mounties. Cpl. Foster says he started to investigate Johnson for
violations of sections 319-2 and 320 of the Canadian criminal code,
which punish anyone who "wilfully promotes hatred against any
identifiable group" -- the group in question here apparently being the
Canadian government itself. The crime carries a sentence of up to two
years in prison. When Johnson crossed the Canadian border this spring,
the RCMP was on his trail.
"I advised Customs he had a laptop with him... Canadian customs got it,"
says Foster. The RCMP also raided a home in the remote hamlet of
Bienfait, Sasketchewan, where Johnson grew up and where he sometimes
stayed. To prove that Johnson was Toto (and, sometimes, TruthMonger),
Foster compared logs of telephone calls from Johnson's Bienfait
residence to the times when Toto's Sympatico account was used on March
25, 1998. The times reportedly matched.

Foster says he also searched Johnson's computer "for the contents of the
web page." He found something that would eventually prove invaluable to
his colleagues at the IRS: a computer file containing a PGP private key
ring.

Agent Gordon seems not to have known about Johnson's Canadian problems
until the RCMP seized Johnson's computers and Toto made the fatal
mistake of complaining about them to his friends on cypherpunks. "Toto's
computers were seized today by RCMP and Canadian Customs," says a post
 from April 1998. Gordon then apparently phoned the RCMP and began a
series of conversations with Foster, who was more than happy to hand
over Johnson's PGP key ring. Bingo. "Only the person possessing the
secret key found on Johnson's computer could have generated the 'death
threat' message," Gordon wrote in his complaint. (True enough, if
Johnson was the only person with a copy of that PGP key ring. It's
unlikely, but he could have given copies to his friends.) In other
words, Gordon now believed he had airtight proof that the anonymous
message -- including what he claims is a death threat against the
President -- was linked to Johnson.

But since Gordon didn't get the PGP key until July, the RCMP still
wasn't ready to arrest Johnson, and Johnson wasn't barred from returning
to Bienfait this spring to visit with friends and relatives. During his
stay, he allegedly drove to the courthouse of the nearby town of
Estevan, a mere eight miles north of the North Dakota border. Johnson
fancies himself something of an amateur legal scholar, and he did some
research in the basement of the courthouse, local sources say. Johnson
was well-known in Estevan. Nobody really thought much of it at the time.


That changed in mid-afternoon on June 3, 1998, when police found a bomb
in the basement of the courthouse. The local cops think Johnson planted
it; they say they found out about it when a youth whom he enlisted as
part of the scheme saw the bomb, got spooked, fled with part of the
device, and called the Canadian equivalent of 911. The would-be
accomplice �- some reports say he looked only 12 or 13 -- was supposed
to drop off a copy of the June 3 newspaper next to the bomb in order to
give Johnson an alibi, says Estevan police sergeant Del Block. Johnson
had returned to the U.S. a few days before and was hoping that the
presence of a June 3 newspaper at the crime scene would prove he
couldn't be the culprit, Block says. "This fellow realized it was more
serious and called the police."

Would a real criminal mastermind trust a 12-year-old with a key portion
of his alibi? Not a sane one. Which may be precisely the point: On
closer inspection, the device that Canadian authorities had variously
dubbed a "fire bomb" or an "incendiary explosive device" was hardly a
Unabomber-style masterpiece. It consisted of a few bottles of gasoline
set up like Molotov cocktails, a half dozen shotgun shells, and some
wooden matches wedged into a laptop case, says Norm Park, a reporter for
the weekly Estevan Mercury newspaper, who says he examined the device
when police removed it; the RCMP found another one in the air
conditioning units in the basement of the courthouse. But there was no
way to set it off. "There was no major triggering device," says Park.
"The RCMP couldn't quite figure out what he would use."

In the next installment: The feds track Johnson to Arizona, where he
crashes a hacker convention and where the IRS finally runs him to
ground.


-- DECLAN MCCULLAGH

Thu., Sept. 10, 1998
=====
------------------------------------------------------------------------
The Arrest of the Nutly Bomber
Part III of a Series
FROM TUESDAY, SEPTEMBER 15, 1998
ORIGINALLY PUBLISHED IN THE NETLY NEWS
Carl Johnson, itinerant Netizen and soon-to-be mental patient, has been
linked to the pseudonymous "Toto" -- who has been posting angry tirades
to a cryptography discussion list -- and to a bomb discovered last June
in a Canadian courthouse. In this installment, he heads south to Nevada
and a Vegas hacker convention.
On June 8, a few days after the Canadians discovered the bomblet in the
courthouse basement, an anonymous message appeared in my inbox,
encrypted to my PGP key. The decoded text: "Declan, You might want to
notify the RCMP that there are bombs in two public buildings 11
kilometers from Mongeritaville, home of the Bienfait Nutly News. Then
again, you might not..."

Was it Toto trying to tip me off, or was someone else trying to mess
with my mind? I don't think I'd ever communicated with Toto directly, so
why would he contact me? Besides, five days before, the Estevan police
had fired off a press release ("an incendiary device was found in the
Estevan Court House"), so the attempted bombing was public knowledge.

Around the same time, Carl Johnson showed up at the Tucson, Ariz., home
of a longtime friend, Linda Reed. Soon Toto's inimitable form of online
performance art started popping up on the cypherpunks list again, this
time from Reed's account at Pima College, where she was an adjunct
professor of computer science. Toto's first message not only mentioned
nuking Washington, D.C. (in passing, to be fair), but also spoke of
"MenInTheShadows unable to find the second VirtualNuclear Device claimed
to have been planted in a public building."

Imagine how that struck the feds, who notably lack a sense of humor when
the discussion turns to nuclear strikes on the nation's capital. "They
were knocking on my door a couple weeks later," Reed says. Agent Jeremy
Sheridan interviewed Johnson on July 31. "Johnson admitted that he often
wrote on the Internet and among the names he used were Toto, C.J.
Parker, and TruthMonger," the government's complaint claims. Johnson
allegedly admitted to Sheridan that he wrote the so-called death threat
and that he had psychological problems.

"They talked to him before I came home one night," Reed says. "They
said, 'Why are you using that other person's account? Get your own
account so you don't take anyone else to jail with you.'" Reed says she
was "called into the Secret Service office the next day," where Sheridan
quizzed her about Johnson. They told her they wanted to understand
exactly how his mind worked. Reed says she lost her part-time teaching
job thanks to her friend's more incendiary posts. "Apparently someone
had sent a letter to the vice chancellor -- someone in Turkey whom C.J.
had criticized for his torture techniques," she says. When we contacted
him, Sheridan declined to comment.

But Toto was as loquacious as ever, firing off e-mail not just to
cypherpunks but also in connection with DefCon, a hacker convention
taking place that weekend in Las Vegas. Soon he was on the road again --
this time heading for Nevada. One person he reportedly said he wanted to
meet at DefCon was a Chicago-area security consultant who spoke with us
only on the condition that he remain anonymous. He got spooked by Toto's
darkly rambling e-mail entitled "Buttfuck Me Jesus, Through The Bedposts
Of Life." "I immediately sent something off to the administrator of the
Pima account," the consultant says. "Next thing you know I get a phone
call from the Tucson Secret Service asking what's my connection with
this person... I would have Maced the fucker right there."

DefCon has always been less a convention than a no-holds-barred party
for hackers, crackers and generally underage geeks. Evening
entertainment customarily involves tunneling into the hotel's security
system, seizing control of the telephones and generally building toward
a barely controlled riot -- until the hotel cops put an end to the fun.
Even here, Toto stood out. "To be perfectly honest, he's crazy," says
cypherpunk Marc Briceno, who spoke at the convention on August 2. "He
approached me after I gave my speech on smart cards and gave me an
envelope," Briceno says. Inside it was a disk wrapped in a printout, he
says, which described how to manufacture a diskette bomb. Briceno
eventually threw it away.

In the next installment: Carl Johnson is arrested and antagonizes the
feds even more -- if that's possible.


-- DECLAN MCCULLAGH

Wed., Sept. 16, 1998
-----
Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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