sklyarov

At 07:53 PM 8/28/01 -0800, Eric wrote:
>I heard from Salon.com that the indictment for Sklyarov was issued today.
>This should be a treat. I need to find it, but it is too soon to show up at
>google. Has anyone seen it posted?

Haven't seen the specific court document, yet.

In the mean time, here is some additional information. If there are five
counts and each count carries a five-year prison term (and they run
consecutively), you do the math. Don't mess with the DMCA.

AP, Reuters on Sklyarov indictment:
<http://dailynews.yahoo.com/htx/ap/20010828/tc/hacker_convention_arrest_5.html>
<http://dailynews.yahoo.com/htx/nm/20010828/tc/tech_hacker_dc_5.html>

jas

*********

Date: Tue, 28 Aug 2001 18:15:37 -0700
From: Will Doherty <wild@eff.org>
Subject: EFF: Grand Jury Charges Russian Company and Programmer

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/