EFF.org: ALERT: Protest Russian Programmer's Detainment & Help Pack the Courtroom

The Electronic Frontier Foundation has called for renewed protest against the arrest of Russian software engineer Dmitry Sklyarov in conjunction with his bail hearing this morning (Monday, August 6) in San Jose. The action alert calls for participation in protests and courtroom packing.

"MONDAY, AUGUST 6: Join other freedom lovers in renewed protest against the arrest of Russian software engineer Dmitry Sklyarov. Dmitry was arrested in Las Vegas on July 16 by the FBI after presenting a paper on cryptography software he developed in Russia. The US Attorney for the Northern District of California (i.e., the Dept. of Justice) has filed criminal charges against Dmitry in Calif., under the Digital Millennium Copyright Act (DMCA) for providing software that decrypts Adobe eBook files so that their content can be accessed in ways that Adobe's own software does not provide (e.g. text-to-speech translation for the blind). We believe that this prosecution is a reprehensible assault on the free expression rights of programmers (and ultimately of end users), under a law that will not withstand constitutional scrutiny. What YOU can do.

Dmitry has been held in custody from his arrest, until the present time. He is finally being transferred to San Jose, and will have another bail hearing at the San Jose Federal Building, San Jose, CA, before Magistrate Judge Edward A. Infante, Mon., Aug. 6, at 11am PT.

At a bail hearing there are two issues: Is the person likely to continue committing the alleged crime, and is the person a flight risk (unlikely to return to court). In this case the real issue is flight risk, since Sklyarov is a citizen of another country and has no ties (job, property, family) to the United States. He already had a bail hearing in Las Vegas (in the district where he was arrested), but is entitled to another one upon his arrival in San Jose (in the district where he will be tried). The judge in such a case will look at the defendant's circumstances and determine whether there are any safeguards or combination of safeguards that will ensure that the person will come back to court and not become a fugitive from trial. What this means for Dmitry Sklyarov is that it will be very hard for him to get out of jail pending trial unless he can come up with some real ties to this district and/or some other means of ensuring he remains in the U.S. for trial can satisfy the District Attorney and the court (e.g., electronic location-tracking bracelet, house arrest, etc.)"

Complete Story

Related Stories:

• National Journal: Digital Dilemma(Aug 05, 2001)
• Introduction to the Canada DMCA Opponents forum.(Aug 05, 2001)
• Ars Technica: Intellectual Property and the Good Society(Aug 04, 2001)
• Real Video Coverage of UK DMCA/Sklyarov Demonstration(Aug 03, 2001)
• Dmitry Sklyarov: Some Followup Articles(Aug 01, 2001)
• New York Times: Jail Time in the Digital Age(Jul 30, 2001)
• Linux Journal: Hacking Vegas at Black Hat and DEF CON: One Geek's Experience (Jul 29, 2001)
• Sklyarov Case: EFF Rejoins Protests After Meeting with US Attorney's Office(Jul 27, 2001)
• PCWorld: Russian Programmer Remains Behind Bars(Jul 26, 2001)
• Adobe, Electronic Frontier Foundation Call for Release of Russian Programmer(Jul 24, 2001)
• LinuxPlanet: comment: The Digital Millennium Rape Act(Jul 23, 2001)
• Linux Journal: Free Dmitry Sklyarov!(Jul 22, 2001)
• Adobe to meet with the EFF regarding Sklyarov; protest on hold(Jul 20, 2001)
• LWN: Alan Cox Resigns from ALS Committee, "Maddog" Hall Disagrees(Jul 20, 2001)
• Wired.com: Hacker Arrest Stirs Protest(Jul 19, 2001)