[free-sklyarov] International law and U.S. v. Sklyarov

[Chris Savage]

> -----Original Message-----
> From: Joe Barr [mailto:warthawg at ecpi.com]
> Sent: Monday, July 23, 2001 5:38 PM
> To: Declan McCullagh
> Cc: chris.savage at crblaw.com; tneu at visi.com; free-sklyarov at zork.net
> Subject: Re: [free-sklyarov] International law and U.S. v. Sklyarov
> 
> 
> 
> 
> Perhaps his presentation at Defcon was sufficient for the 
> conditions of "otherwise traffic"?
> 
> That would put the commission of the crime in the US, not Russia.

I'm not aware of the specifics of the Defcon presentation.  But it gets
dicey under the 1st Amendment, it seems to me.  If he said, in effect, "look
at how our software works," calling it "trafficking" would be a stretch,
ISTM.  But if he said "Hey everyone, go to www.whatever.com and buy our cool
Adobe-security-breaking software" that might be different.  In the latter
case the presentation is, in effect, an ad.

The EFF folks, of course, are (and have as their advisors) real, live first
amendment experts.  So if the case against Dmitry isn't dropped, I'd
certainly hope that he and they get together.

Chris S.


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