[free-sklyarov] What did he do IN THE US that was 'wrong'?

[Declan McCullagh]

Your analysis does not sound entirely implausible. I think Chris
Savage posted about the nuances last week on the list.

-Declan


On Wed, Jul 25, 2001 at 11:11:24PM -0400, Eric Tully wrote:
> 
> I'm finding that some people think that the FBI had a right to arrest him 
> (under the currently flawed DMCA) and other people think that they had no 
> right to arrest him.
> 
> If the FBI had no right to arrest him, then this wouldn't be a programming 
> issue.  It wouldn't be a free speech issue.  It wouldn't even be a DMCA 
> issue.  If the FBI had no right to arrest him, then any decent lawyer would 
> simply stand in front of the judge and say, "I have tons of precedent 
> showing that Russians aren't subject to American laws, you have to let him 
> go."  And the judge would.
> 
> But I don't think that's the case.
> 
> Columbian drug lords sell cocaine to middle men who bring it to the US and 
> because of extradition laws, we drag the kingpins here and try them in 
> American courts (when we can catch them!).  The fact that they were in 
> Columbia when they broke American law was irrelevent.  They did something 
> that affected Americans.
> 
> I think the key is that he broke American law by distributing it on the 
> Internet and then he set foot on American soil.  I mean, if you're going to 
> break American law in a way that "harms" American interests, I think you 
> *should* be arrested if you come to American soil.
> 
> (Don't get me wrong, I don't think he harmed Adobe and I think the DMCA is 
> unjust legislation that should be repealed.  But I don't think that the 
> arrest was illegal under current law.)
> 
> I know people will disagree with me on this.  I'd be interested in a 
> lawyer's comment.
> 
> - Eric
> 
> 
> 
> 
> 
> 
> At 12:17 PM 7/26/01 +1000, you wrote:
> 
> > > After talking with some friends of mine, and long discussions; here
> > > is what I came up with.
> > > Even, I feel that US has no right arresting Sklyarov; but under
> > > DMCA the FBI "did" have the right to arrest Sklyarov.
> > > So, we pretty much don't have a case against the DoJ and the
> > > chances of Sklyarov getting the jail time is high.
> > > (I don't like this anymore then you guys do; but that is what
> > > might happen)
> >
> >Um. What did Sklyarov do *IN THE USA* that was against US law?
> >
> >As I understand it, he did something *in Russia* that is against
> >US law, but NOT against Russian law.
> >
> >As I understand it, all he did in the USA that was even remotely
> >potentially 'wrong' was present an academic paper.
> >
> >
> >
> >
> >Jenn V.
> >--
> >     "Do you ever wonder if there's a whole section of geek culture
> >             you miss out on by being a geek?" - Dancer.
> >
> >jenn at simegen.com     Jenn Vesperman     http://www.simegen.com/~jenn/
> >
> >
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> 
> 
> 
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