The Hacker Crackdown

by Bruce Sterling

  The electrifying news went out throughout law enforcement in 1989. It had never really occurred to anyone at BellSouth that their prized and brand-new digital switching-stations could be *re-programmed.* People seemed utterly amazed that anyone could have the nerve. Of course these switching stations were "computers," and everybody knew hackers liked to "break into computers:" but telephone people's computers were *different* from normal people's computers.

  The exact reason *why* these computers were "different" was rather ill-defined. It certainly wasn't the extent of their security. The security on these BellSouth computers was lousy; the AIMSX computers, for instance, didn't even have passwords. But there was no question that BellSouth strongly *felt* that their computers were very different indeed. And if there were some criminals out there who had not gotten that message, BellSouth was determined to see that message taught.

  After all, a 5ESS switching station was no mere bookkeeping system for some local chain of florists. Public service depended on these stations. Public *safety* depended on these stations.

  And hackers, lurking in there call-forwarding or ReMobbing, could spy on anybody in the local area! They could spy on telco officials! They could spy on police stations! They could spy on local offices of the Secret Service....

  In 1989, electronic cops and hacker-trackers began using scrambler-phones and secured lines. It only made sense. There was no telling who was into those systems. Whoever they were, they sounded scary. This was some new level of antisocial daring. Could be West German hackers, in the pay of the KGB. That too had seemed a weird and farfetched notion, until Clifford Stoll had poked and prodded a sluggish Washington law-enforcement bureaucracy into investigating a computer intrusion that turned out to be exactly that -- *hackers, in the pay of the KGB!* Stoll, the systems manager for an Internet lab in Berkeley California, had ended up on the front page of the *New York Times,* proclaimed a national hero in the first true story of international computer espionage. Stoll's counterspy efforts, which he related in a bestselling book, *The Cuckoo's Egg,* in 1989, had established the credibility of 'hacking' as a possible threat to national security. The United States Secret Service doesn't mess around when it suspects a possible action by a foreign intelligence apparat.

  The Secret Service scrambler-phones and secured lines put a tremendous kink in law enforcement's ability to operate freely; to get the word out, cooperate, prevent misunderstandings. Nevertheless, 1989 scarcely seemed the time for half-measures. If the police and Secret Service themselves were not operationally secure, then how could they reasonably demand measures of security from private enterprise? At least, the inconvenience made people aware of the seriousness of the threat. If there was a final spur needed to get the police off the dime, it came in the realization that the emergency 911 system was vulnerable. The 911 system has its own specialized software, but it is run on the same digital switching systems as the rest of the telephone network. 911 is not physically different from normal telephony. But it is certainly culturally different, because this is the area of telephonic cyberspace reserved for the police and emergency services. Your average policeman may not know much about hackers or phone-phreaks. Computer people are weird; even computer *cops* are rather weird; the stuff they do is hard to figure out. But a threat to the 911 system is anything but an abstract threat. If the 911 system goes, people can die.

  Imagine being in a car-wreck, staggering to a phone- booth, punching 911 and hearing "Tina" pick up the phone-sex line somewhere in New York! The situation's no longer comical, somehow.

  And was it possible? No question. Hackers had attacked 911 systems before. Phreaks can max-out 911 systems just by siccing a bunch of computer-modems on them in tandem, dialling them over and over until they clog. That's very crude and low-tech, but it's still a serious business.

  The time had come for action. It was time to take stern measures with the underground. It was time to start picking up the dropped threads, the loose edges, the bits of braggadocio here and there; it was time to get on the stick and start putting serious casework together. Hackers weren't "invisible." They *thought* they were invisible; but the truth was, they had just been tolerated too long.

  Under sustained police attention in the summer of '89, the digital underground began to unravel as never before.

  The first big break in the case came very early on: July 1989, the following month. The perpetrator of the "Tina" switch was caught, and confessed. His name was "Fry Guy," a 16-year-old in Indiana. Fry Guy had been a very wicked young man.

  Fry Guy had earned his handle from a stunt involving French fries. Fry Guy had filched the log-in of a local MacDonald's manager and had logged-on to the MacDonald's mainframe on the Sprint Telenet system. Posing as the manager, Fry Guy had altered MacDonald's records, and given some teenage hamburger-flipping friends of his, generous raises. He had not been caught.

  Emboldened by success, Fry Guy moved on to credit- card abuse. Fry Guy was quite an accomplished talker; with a gift for "social engineering." If you can do "social engineering" -- fast-talk, fake-outs, impersonation, conning, scamming -- then card abuse comes easy. (Getting away with it in the long run is another question). Fry Guy had run across "Urvile" of the Legion of Doom on the ALTOS Chat board in Bonn, Germany. ALTOS Chat was a sophisticated board, accessible through globe-spanning computer networks like BITnet, Tymnet, and Telenet. ALTOS was much frequented by members of Germany's Chaos Computer Club. Two Chaos hackers who hung out on ALTOS, "Jaeger" and "Pengo," had been the central villains of Clifford Stoll's CUCKOO'S EGG case: consorting in East Berlin with a spymaster from the KGB, and breaking into American computers for hire, through the Internet. When LoD members learned the story of Jaeger's depredations from Stoll's book, they were rather less than impressed, technically speaking. On LoD's own favorite board of the moment, "Black Ice," LoD members bragged that they themselves could have done all the Chaos break- ins in a week flat! Nevertheless, LoD were grudgingly impressed by the Chaos rep, the sheer hairy-eyed daring of hash-smoking anarchist hackers who had rubbed shoulders with the fearsome big-boys of international Communist espionage. LoD members sometimes traded bits of knowledge with friendly German hackers on ALTOS -- phone numbers for vulnerable VAX/VMS computers in Georgia, for instance. Dutch and British phone phreaks, and the Australian clique of "Phoenix," "Nom," and "Electron," were ALTOS regulars, too. In underground circles, to hang out on ALTOS was considered the sign of an elite dude, a sophisticated hacker of the international digital jet-set.

  Fry Guy quickly learned how to raid information from credit-card consumer-reporting agencies. He had over a hundred stolen credit-card numbers in his notebooks, and upwards of a thousand swiped long-distance access codes. He knew how to get onto Altos, and how to talk the talk of the underground convincingly. He now wheedled knowledge of switching-station tricks from Urvile on the ALTOS system.

  Combining these two forms of knowledge enabled Fry Guy to bootstrap his way up to a new form of wire- fraud. First, he'd snitched credit card numbers from credit-company computers. The data he copied included names, addresses and phone numbers of the random card-holders. Then Fry Guy, impersonating a card-holder, called up Western Union and asked for a cash advance on "his" credit card. Western Union, as a security guarantee, would call the customer back, at home, to verify the transaction. But, just as he had switched the Florida probation office to "Tina" in New York, Fry Guy switched the card- holder's number to a local pay-phone. There he would lurk in wait, muddying his trail by routing and re-routing the call, through switches as far away as Canada. When the call came through, he would boldly "social-engineer," or con, the Western Union people, pretending to be the legitimate card-holder. Since he'd answered the proper phone number, the deception was not very hard. Western Union's money was then shipped to a confederate of Fry Guy's in his home town in Indiana.

  Fry Guy and his cohort, using LoD techniques, stole six thousand dollars from Western Union between December 1988 and July 19
89. They also dabbled in ordering delivery of stolen goods through card-fraud. Fry Guy was intoxicated with success. The sixteen-year-old fantasized wildly to hacker rivals, boasting that he'd used rip-off money to hire himself a big limousine, and had driven out-of-state with a groupie from his favorite heavy- metal band, Motley Crue.

  Armed with knowledge, power, and a gratifying stream of free money, Fry Guy now took it upon himself to call local representatives of Indiana Bell security, to brag, boast, strut, and utter tormenting warnings that his powerful friends in the notorious Legion of Doom could crash the national telephone network. Fry Guy even named a date for the scheme: the Fourth of July, a national holiday. This egregious example of the begging-for-arrest syndrome was shortly followed by Fry Guy's arrest. After the Indiana telephone company figured out who he was, the Secret Service had DNRs -- Dialed Number Recorders -- installed on his home phone lines. These devices are not taps, and can't record the substance of phone calls, but they do record the phone numbers of all calls going in and out. Tracing these numbers showed Fry Guy's long-distance code fraud, his extensive ties to pirate bulletin boards, and numerous personal calls to his LoD friends in Atlanta. By July 11, 1989, Prophet, Urvile and Leftist also had Secret Service DNR "pen registers" installed on their own lines.

  The Secret Service showed up in force at Fry Guy's house on July 22, 1989, to the horror of his unsuspecting parents. The raiders were led by a special agent from the Secret Service's Indianapolis office. However, the raiders were accompanied and advised by Timothy M. Foley of the Secret Service's Chicago office (a gentleman about whom we will soon be hearing a great deal).

  Following federal computer-crime techniques that had been standard since the early 1980s, the Secret Service searched the house thoroughly, and seized all of Fry Guy's electronic equipment and notebooks. All Fry Guy's equipment went out the door in the custody of the Secret Service, which put a swift end to his depredations. The USSS interrogated Fry Guy at length. His case was put in the charge of Deborah Daniels, the federal US Attorney for the Southern District of Indiana. Fry Guy was charged with eleven counts of computer fraud, unauthorized computer access, and wire fraud. The evidence was thorough and irrefutable. For his part, Fry Guy blamed his corruption on the Legion of Doom and offered to testify against them. Fry Guy insisted that the Legion intended to crash the phone system on a national holiday. And when AT&T crashed on Martin Luther King Day, 1990, this lent a credence to his claim that genuinely alarmed telco security and the Secret Service.

  Fry Guy eventually pled guilty on May 31, 1990. On September 14, he was sentenced to forty-four months' probation and four hundred hours' community service. He could have had it much worse; but it made sense to prosecutors to take it easy on this teenage minor, while zeroing in on the notorious kingpins of the Legion of Doom.

  But the case against LoD had nagging flaws. Despite the best effort of investigators, it was impossible to prove that the Legion had crashed the phone system on January 15, because they, in fact, hadn't done so. The investigations of 1989 did show that certain members of the Legion of Doom had achieved unprecedented power over the telco switching stations, and that they were in active conspiracy to obtain more power yet. Investigators were privately convinced that the Legion of Doom intended to do awful things with this knowledge, but mere evil intent was not enough to put them in jail.

  And although the Atlanta Three -- Prophet, Leftist, and especially Urvile -- had taught Fry Guy plenty, they were not themselves credit-card fraudsters. The only thing they'd "stolen" was long-distance service -- and since they'd done much of that through phone-switch manipulation, there was no easy way to judge how much they'd "stolen," or whether this practice was even "theft" of any easily recognizable kind.

  Fry Guy's theft of long-distance codes had cost the phone companies plenty. The theft of long-distance service may be a fairly theoretical "loss," but it costs genuine money and genuine time to delete all those stolen codes, and to re-issue new codes to the innocent owners of those corrupted codes. The owners of the codes themselves are victimized, and lose time and money and peace of mind in the hassle. And then there were the credit-card victims to deal with, too, and Western Union. When it came to rip-off, Fry Guy was far more of a thief than LoD. It was only when it came to actual computer expertise that Fry Guy was small potatoes.

  The Atlanta Legion thought most "rules" of cyberspace were for rodents and losers, but they *did* have rules. *They never crashed anything, and they never took money.* These were rough rules-of-thumb, and rather dubious principles when it comes to the ethical subtleties of cyberspace, but they enabled the Atlanta Three to operate with a relatively clear conscience (though never with peace of mind). If you didn't hack for money, if you weren't robbing people of actual funds -- money in the bank, that is -- then nobody *really* got hurt, in LoD's opinion. "Theft of service" was a bogus issue, and "intellectual property" was a bad joke. But LoD had only elitist contempt for rip-off artists, "leechers," thieves. They considered themselves clean. In their opinion, if you didn't smash-up or crash any systems -- (well, not on purpose, anyhow -- accidents can happen, just ask Robert Morris) then it was very unfair to call you a "vandal" or a "cracker." When you were hanging out on-line with your "pals" in telco security, you could face them down from the higher plane of hacker morality. And you could mock the police from the supercilious heights of your hacker's quest for pure knowledge.

  But from the point of view of law enforcement and telco security, however, Fry Guy was not really dangerous. The Atlanta Three *were* dangerous. It wasn't the crimes they were committing, but the *danger,* the potential hazard, the sheer *technical power* LoD had accumulated, that had made the situation untenable.

  Fry Guy was not LoD. He'd never laid eyes on anyone in LoD; his only contacts with them had been electronic. Core members of the Legion of Doom tended to meet physically for conventions every year or so, to get drunk, give each other the hacker high-sign, send out for pizza and ravage hotel suites. Fry Guy had never done any of this. Deborah Daniels assessed Fry Guy accurately as "an LoD wannabe." Nevertheless Fry Guy's crimes would be directly attributed to LoD in much future police propaganda. LoD would be described as "a closely knit group" involved in "numerous illegal activities" including "stealing and modifying individual credit histories," and "fraudulently obtaining money and property." Fry Guy did this, but the Atlanta Three didn't; they simply weren't into theft, but rather intrusion. This caused a strange kink in the prosecution's strategy. LoD were accused of "disseminating information about attacking computers to other computer hackers in an effort to shift the focus of law enforcement to those other hackers and away from the Legion of Doom."

  This last accusation (taken directly from a press release by the Chicago Computer Fraud and Abuse Task Force) sounds particularly far-fetched. One might conclude at this point that investigators would have been well-advised to go ahead and "shift their focus" from the "Legion of Doom." Maybe they *should* concentrate on "those other hackers" -- the ones who were actually stealing money and physical objects.

  But the Hacker Crackdown of 1990 was not a simple policing action. It wasn't meant just to walk the beat in cyberspace -- it was a *crackdown,* a deliberate attempt to nail the core of the operation, to send a dire and potent message that would settle the hash of the digital underground for good. By this reasoning, Fry Guy wasn't much more than the electronic equivalent of a cheap streetcorner dope dealer. As long as the masterminds of LoD were still flagrantly operating, pushing their mountains of illicit knowledge right and left, and whipping up enthusiasm for blatant lawbreaking, then there would be an *infinite supply* of Fry Guys.

  Because LoD were flagrant, they had left trails everywhere, to be picked up by law enforcement in New York, Indiana, Florida, Texas, Arizona, Missouri, even Australia. But 1990's war on the Legion of Doom was led out of Illinois, by the Chicago Computer Fraud and Abuse Task Force.

  #

  The Computer Fraud and Abuse Task
Force, led by federal prosecutor William J. Cook, had started in 1987 and had swiftly become one of the most aggressive local "dedicated computer-crime units." Chicago was a natural home for such a group. The world's first computer bulletin-board system had been invented in Illinois. The state of Illinois had some of the nation's first and sternest computer crime laws. Illinois State Police were markedly alert to the possibilities of white-collar crime and electronic fraud. And William J. Cook in particular was a rising star in electronic crime-busting. He and his fellow federal prosecutors at the U.S. Attorney's office in Chicago had a tight relation with the Secret Service, especially go-getting Chicago-based agent Timothy Foley. While Cook and his Department of Justice colleagues plotted strategy, Foley was their man on the street.

  Throughout the 1980s, the federal government had given prosecutors an armory of new, untried legal tools against computer crime. Cook and his colleagues were pioneers in the use of these new statutes in the real-life cut-and-thrust of the federal courtroom. On October 2, 1986, the US Senate had passed the "Computer Fraud and Abuse Act" unanimously, but there were pitifully few convictions under this statute. Cook's group took their name from this statute, since they were determined to transform this powerful but rather theoretical Act of Congress into a real-life engine of legal destruction against computer fraudsters and scofflaws.

  It was not a question of merely discovering crimes, investigating them, and then trying and punishing their perpetrators. The Chicago unit, like most everyone else in the business, already *knew* who the bad guys were: the Legion of Doom and the writers and editors of *Phrack.* The task at hand was to find some legal means of putting these characters away.