[free-sklyarov] What did he do IN THE US that was 'wrong'?
Declan McCullagh
declan at well.com
Wed Jul 25 22:34:00 PDT 2001
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 unjust legislation that should be repealed.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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