sklyarov

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/