[free-sklyarov] Legality of Sklyarov's arrest and Dallas/Houston protest?

[Ed Carp]

It is my opinion that not only is Sklyarov being held unlawfully (because
the original complaint didn't specify exactly *how* Sklyarov violated the
DMCA), but the DMCA doesn't apply to him, because (1) encryption
circumvention isn't a crime in Russia, and (2) he hasn't committed a crime
on US soil! The presumption in the complaint seems to be that since (A)
encryption circumvention is a crime, (B) Sklyarov violated the DMCA in that
respect (regardless of where he was when he did it), and (C) Sklyarov was in
the US at some point, it naturally follows that (D) Sklyarov has violated US
law and can be arrested. Uh, no, sorry, go back to law school - and this
time, don't sleep through the constitutional law class!

In the original complaint (from
http://www.eff.org/IP/DMCA/US_v_Sklyarov/20010707_complaint.html):

I, the undersigned complainant being duly sworn state the following is true
and correct to the best of my knowledge and belief. On or about June 26,
2001 in Santa Clara county, in the Northern District of California
defendant(s) did, (Track Statutory Language of Offense)

import, offer to the public, provide, and otherwise traffic in a software
product that is primarily designed or produced for the purpose of
circumventing protection afforded by a technological measure that
effectively protects a right of a copyright owner under this title in a work
or a portion thereof, and aid and abet such conduct.

in violation of Title 17 United States Code, Section(s) 1201(b)(1)(A) and 18
U.S.C. Sec.2


Oh, really?  Hmmm...on reading the complaint, I can find no supporting
documentation or evidence that says Sklyarov did "import, offer to the
public, provide, and otherwise traffic" in the US!  Please note the use of
the word "and".  If the information that the arrest warrant is based on is
invalid, the arrest warrant itself is invalid on its face, and Sklyarov
should be freed immediately.  If I were his attorney, I'd be down filing a
writ of habeas corpus right now.

On a related note, anyone know if a protest is being organized in either
Dallas or Houston for Monday?
--
Ed Carp, N7EKG  -  erc at pobox.com  -  214/986-5870 (cell phone) -
http://www.pobox.com/~erc

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