sklyarov

[Matt Alexander]

Electronic Frontier Foundation Media Release

 For Immediate Release: August 28, 2001


 Contacts:

 Cindy Cohn, EFF Legal Director, cindy@eff.org,
    +1 415 436-9333 x108 (office),
    +1 415 823-2148 (cell)

 Will Doherty, EFF Online Activist / Media Relations,
    press@eff.org, +1 415 436-9333 x111 (office),
    +1 415 794-6064 (cell)


 Grand Jury Charges Russian Company and Programmer

 Adds Conspiracy to Circumvention Trafficking Charge

 San Jose, California - A United States grand jury this afternoon
 indicted Russian company Elcomsoft along with previously jailed
 programmer Dmitry Sklyarov on charges of trafficking and conspiracy to
 traffic in a copyright circumvention device.

 Since the grand jury handed down a five-count indictment, Sklyarov --
 who is out of custody on $50,000 bail -- could face a prison term of up
 to twenty-five years and a US $2,250,000 fine. As a corporation,
 Elcomsoft faces a potential US $2,500,000 fine.

 "We have been hearing from many people about lawful uses of Elcomsoft's
 computer program," explained Cindy Cohn, Electronic Frontier Foundation
 Legal Director.  "It's outrageous that the unconstitutional Digital
 Millennium Copyright Act (DMCA) could put this young man away for much
 of the rest of his life."

 "We were hoping that the government would see the wisdom and justice in
 not pursuing a case against Sklyarov," said his attorney, Joseph M.
 Burton of Duane Morris in San Francisco. "Even if one were to ignore the
 serious legal questions involving the DMCA, this case hardly cries out
 for criminal prosecution. Sklyarov's and Elcomsoft's actions are not
 conduct that Congress intended to criminalize. We will vigorously
 contest these charges."

 Sklyarov and his attorneys will appear at an arraignment scheduled for
 9:30 AM Pacific time this Thursday, August 30, with US Magistrate Judge
 Richard Seeborg presiding, in courtroom 4, 5th floor of the Federal
 District Court for the Northern District of California, San Jose Branch,
 280 South 1st Street, in San Jose, California.

 Well-dressed observers plan to attend the arraignment and nonviolent
 protests are scheduled in Moscow (Russia), London (England), Boston, San
 Francisco, Los Angeles, and Black Rock City, Nevada.

 Directions and map to San Jose Federal Building:
 
http://www.cand.uscourts.gov/cand/CourtInfo.nsf/6f311f8841e7da2488256405006827f0
/f3b46c67b334132e88256682007f6ba9?OpenDocument

 Background on the Sklyarov case:
 http://www.eff.org/IP/DMCA/US_v_Sklyarov/

 Calendar of protests related to the Sklyarov case:
 http://freesklyarov.org/calendar/


 About EFF:

 The Electronic Frontier Foundation is the leading civil
 liberties organization working to protect rights in the
 digital world. Founded in 1990, EFF actively encourages and
 challenges industry and government to support free

 expression, privacy, and openness in the information
 society. EFF is a member-supported organization and
 maintains one of the most linked-to websites in the world:
 http://www.eff.org/