[free-sklyarov] Why is Sklyarov still in jail?

[Charles Eakins]

They would say she isn't a flight risk.

-----Original Message-----
From: free-sklyarov-admin at zork.net
[mailto:free-sklyarov-admin at zork.net]On Behalf Of alfee cube
Sent: Friday, August 03, 2001 12:41 PM
To: Seth David Schoen; free-sklyarov at zork.net
Subject: Re: [free-sklyarov] Why is Sklyarov still in jail?


perhaps an example:

let us assume congress, in all their collective
wisdom, passed a law saying anybody who tells another
about somebody who told another about a "circumvention
device" will spend five years in jail and pay $500k
fine.

let us further assume along comes carrie kirby,
reporter and investigator of all thing interesting,
who prints a story about the jailing of dmitry
sklyarov. she is arrest under the above law and the
arrest is enthusiastically supported by those passing
the above law.

how many hours do you think ms kirby would spend in
jail?

--- Seth David Schoen <schoen at loyalty.org> wrote:
> alfee cube writes:
> 
> > maybe this is true? - but there are allot of us
> who
> > think he is being charged under an
> unconstitutional
> > section of a statute and you can't violate
> american
> > legal standards or procedural or substantive due
> > process more than that!!!!!!
> 
> Hmmm, that's not true.  The procedural due process
> idea goes that, if
> you are charged with violating an unconstitutional
> law, you will get
> your day in court and it thereupon will be revealed
> that the law is
> unconstitutional.
> 
> This is why a lot of people think that procedural
> due process isn't
> the be-all and end-all: but it's pretty much all
> courts are worried
> about if you inquire whether the legal process is
> being followed
> properly or not.
> 
> -- 
> Seth David Schoen <schoen at loyalty.org>  | Lending,
> printing, copying, giving
> Temp.  http://www.loyalty.org/~schoen/  | and
> text-to-speech are permissions
> down:  http://www.loyalty.org/   (CAF)  | enabled by
> the publisher.  -- Adobe
>    I'm looking for work: 
> http://www.loyalty.org/~schoen/resume.html
> 
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> free-sklyarov at zork.net
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