sklyarov

[Eric]

thanks matt.  i am trying to find the actual complaint in order to see how
the hell the US thinks it can claim jurisdiction over someone who lives and
works in Russia.  Did the guy post his paper on the Internet?  Is that how
jurisdiction is obtained.

Here is what I mean: if I go to Germany and drive 200mph on the Autobahn,
can I come home and then be prosecuted by Rick Romely for speeding?  That
would be absurd.  So how is the US claiming jurisdiction?  What relation do
Sklyarov's activities have with the US?  Where is the nexus?  I thought the
indictment would have some info on that...



> -----Original Message-----
> From: plug-discuss-admin@lists.PLUG.phoenix.az.us
> [mailto:plug-discuss-admin@lists.PLUG.phoenix.az.us]On Behalf Of Matt
> Alexander
> Sent: Tuesday, August 28, 2001 7:31 PM
> To: plug-discuss@lists.PLUG.phoenix.az.us
> Subject: Re: 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/6f311f8841e7da2488
256405006827f0
/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/
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