[free-sklyarov] For future reference

[Eric C. Grimm]

I'm very happy to see the EFF getting involved in this effort, as well as 
Jennifer Granick.  Keep up the good work, gang!  Sorry I cannot be in the Bay 
area for any meetings, but call if there's any way I can help.  

All readers should be aware that EFF is already up to their eyeballs in work 
protecting everone else's civil liberties -- the Ed Felten case, the 2600 
DeCSS appeal in front of the Second Circuit, the challenge to CHIPA (federal 
internet filtering mandate) and many other cases.  So be sure to chip in for 
this project and other worthy projects.  If you've already donated, donate 
again.  If you haven't donate enough, please donate some more.

It is alarming that Mr. Sklyarov has already made at least one appearance in 
court (on July 16, according to the USAO's press release) and that is still 
unclear whether he is represented by counsel (esp. counsel that knows 
something about technology and crypto) and if so, who his counsel is.

FOR FUTURE REFERENCE TO EVERYONE WHO BELIEVES CODING IS NOT A CRIME:

Learn and commit to memory the "magic words" -- two mandatory phrases to be 
used in an unwanted encounter with law enforcement such as the one reported 
by Andy Malyshev (Dimitry's colleague from Elcomsoft) in this <  
http://zork.net/pipermail/free-sklyarov/2001-July/000011.html > archived 
message:

(1) Am I free to leave?

(2) I want to speak to a lawyer.

The most important single thing is to make sure that Dimitry is properly 
represented and fully understands that he has no obligation (nor does 
Malyshev) EVER to say anything to law enforcement.  If they are charging 
Dimitry with a crime, then a prolonged detention without contact with counsel 
can only be counterproductive.

I have every confidence in the folks who have already signed up on the list 
to make sure Dimitry's defense is on track in short order, however.  After 
reading the slides from Dimitry's presentation, the notion that he is some  
"hacker" menace to society who needs to be jailed -- as opposed to somebody 
engaged in serious cryptographic research -- seems mor than a little 
far-fetched.  I'm sure glad it is the Feds who have the burden of proof on 
this one and not Dimitry because the Feds may have a real uphill struggle on 
their hands to prove up a case.

One last item for everybody posting to this list and engaging in public 
protest with respect to this arrest / prosecution:

The MANNER in which you express yourself will make all the difference between 
whether your arguments are taken seriously and persuade your audience, or 
whether they are disrespected and ignored.  There's no point in calling Adobe 
or anyone else bad names or using language about "strike forces."  There's a 
way to say certain orginizations are doing something wrong without coming 
across to the public like there is something wrong with you.  Read the 
following article from Slashdot: 
http://slashdot.org/features/01/07/18/1445233.shtml  
And when you're done, read this onefrom Linuxplanet:  
http://www.linuxplanet.com/linuxplanet/opinions/3589/1/

Supporters of Dimitry have a strong case to make and we are on the side of 
right and justice.  There's no need to demonize or belittle the other side.  
There's no need to do things that will not be taken seriously.  Just make our 
case the most persuasive way you can and do it in a way that shows you are 
proud of what you are doing.

Again, keep up the good work, gang!

Eric C. Grimm
CyberBrief, PLC
320 South Main Street
Ann Arbor, MI  48107-7341
734.332.4900