FC: Cypherpunk visited for making "derogatory" remarks about Feds

From: Declan McCullagh (declanat_private)
Date: Sun Dec 16 2001 - 19:58:36 PST

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    Previous message:
    
    "Cypherpunk reports police visits after post to mailing list"
    http://www.politechbot.com/p-02691.html
    
    -Declan
    
    
    ----- Forwarded message from John Young <jyaat_private> -----
    
    From: John Young <jyaat_private>
    Subject: Cypherpunk Ban
    Date: Sun, 16 Dec 2001 20:20:17 -0800
    
    NOV 02 2001
    
                     United States District Court
                               for the
                    Western District of Washington
    
    Report on Offender Under Supervision
    
    Name of Offender: Carl Edward Johnson 
    Case Number: CR98-05393
    
    Name of Judicial Officer: The Honorable Robert J. Bryan
    
    Date of Original Sentence: 06/11/99 
    
    Date of Report: 10/29/01
    
    Original Offense: Retaliation Against Judicial Officer; 
    Obstruction Of Justice by Threat of Death Against Judicial 
    Officer; Threatening Communication in Interstate of 
    Foreign Commerce; Threatening Communications in Interstate
    of Foreign Commerce.
    
    Original Sentence: 37 months BOP; 3 years TSR
    
    Type of Supervision: Supervised Release 
    
    Date Supervision Commenced: 08/06/01
    
    Special Conditions Imposed
    [x] Substance Abuse [x] Financial Disclosure [ ] Restitution
    
    [x] Mental Health   [ ] Fine           [ ] Community Service
    
    [x] Other: No new credit; all employment shall be subject to 
    approval by the Probation Officer; shall not use the Internet 
    or a modem without the permission of his Probation Officer 
    and shall provide his Probation Officer with the name and the 
    Internet address of his Internet account use; shall not 
    possess or use any computer encryption software or programs, 
    retailers [sic], or anonymizers.
    
    NONCOMPLIANCE SUMMARY
    
    The probation officer believes that Carl Edward Johnson has 
    violated conditions of supervision by:
    
    Violation 
    Number      Nature of Noncompliance
    
      1.        Failing to report the names and addresses of two 
                Internet service providers, in violation of a 
                special condition of supervision.
    
      2.        Using the Internet to access the "Cypherpunk" 
                website after being specifically instructed not 
                to use the Internet for this purpose, in violation 
                of standard condition number 3.
    
    U.S. Probation Officer Action; 
    
    On October 18, 2001, this officer received intelligence
    information which indicated Mr. Johnson was accessing the 
    Internet using two Internet accounts which had not been provided 
    to this officer. Mr.Johnson was using these accounts to insert 
    himself back into a "Cypherpunk" web site he had been accessing 
    during the instant offense. During the probation intake with Mr. 
    Johnson on August 20, 2001, he was instructed to use the Internet 
    for the purpose of researching his medical condition and legal 
    matters only, He was specifically instructed not to access
    the Cypherpunk website.
    
    Of particular concern was the content of Mr. Johnson's e-mails, 
    which contained derogatory comments about federal officials. On 
    October 22, 2001, this officer, along with the investigating 
    agent in this matter, conducted an unannounced home visit at 
    Mr. Johnson's residence. Mr. Johnson was asked if he had
    provided this officer with all Internet accounts he was currently 
    using, to which he stated he had two new accounts he forgot to 
    report to this officer. He accurately provided the account 
    addresses and stated he would not forget in the future. Mr. 
    Johnson was questioned in regard to his recent postings to the 
    Cypherpunk website after being instructed by this officer not to 
    use the Internet for this purpose. Mr. Johnson became highly 
    agitated at this point, yelling obscenities and banging his fists 
    on the table. After he calmed down, however, Mr. Johnson stated 
    he misunderstood and did not realize he was restricted from going 
    into this site. He further explained that his messages, in regard 
    to federal officials, were simply commentaries to other people's 
    messages. Mr. Johnson was reprimanded for the inappropriate nature
    of his e-mail messages and again specifically directed not to 
    access the Cypherpunk website or make any postings to that site. 
    It is noted that a thorough inspection of Mr. Johnson's residence 
    was conducted during this home visit which did not yield anything 
    unusual.
    
    The Probation Office is giving Mr. Johnson the benefit of the doubt 
    when he says he misunderstood this officer's instructions. We will 
    continue to monitor him closely, and are recommending that no 
    further action be taken at this time. Should Mr. Johnson's 
    noncompliant behavior continue, the Court will be immediately 
    notified and further sanctions will be requested.
    
                                         Respectfuly submitted,
    
                                         [signed]
    
                                         Lornie G. Vanous 
                                         Senior U.S. Probation Officer
    APPROVED: 
    William S. Corn 
    Chief U. S. Probation Officer
    
    BY: [signed]
    Catherine E. Sandstrom 
    Supervising U.S. Probation Officer
    
    LGV/lv
    
    10/31/01 
    Attachment: Presentence, Report
    
    __________________________________________________________________
    
    THE COURT DIRECTS: 
    [x] No Action Approved 
    [ ] Submit a Request for Modifying the Condition or Term of 
        Supervision 
    [ ] Submit a Request for Warrant or Summons 
    [ ] Other
    
    
                                  [signed Robert J. Bryan]
    
                               Signature of Judicial Officer
    
                                         2 NOV 01
                                           Date
    
    ------------------------------------------------------------------
    
                     United States District Court
                               for the
                    Western District of Washington
                           November 2, 2001
    
    MAILING CERTIFICATE OF CLERK
    
    Re: 3:98-cr-05393
    
    True and correct copies of the attached were mailed by the clerk 
    to the following:
    
    Robert Louis Jacob London, Esq. 
    U S ATTORNEY'S OFFICE STE 5100 
    601 UNION ST 
    SEATTLE, WA 93101-3903 
    FAX 553-0755
    
    Floyd G Short, Esq. 
    U S ATTORNEY'S OFFICE STE 5100 
    601 UNION ST 
    SEATTLE, WA 98101-3903 
    FAX 553-2502
    
    Todd Maybrown, Esq. 
    ALLEN, HANSEN &amp; MAYBROWN, P.S. 
    STE 3020 
    600 UNIVERSITY ST 
    SEATTLE, WA 98101 
    FAX 447-0839
    
    USPO - Tacoma 
    US PROBATION OFFICE 
    ROOM 1310 
    1717 PACIFIC AVE 
    TACOMA, WA 98402-3231 
    FAX 1-253-593-6378
    Judge Bryan
    
    ------------------------------------------------------------------
    
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