[free-sklyarov] What did he do IN THE US that was 'wrong'?

[Greg Broiles]

At 11:11 PM 7/25/2001 -0400, Eric Tully wrote:

>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.

Yeah, that's pretty much it, in a nutshell. According to international law, 
the US can prosecute non-citizens for acts which take place outside of the 
US, if those acts are intended to (and do) have negative effects inside the 
US' borders. Under US law, jurisdiction may or may not be appropriate, 
depending on what Congress' intent was with respect to extraterritorial 
application when they passed the DMCA. (but I'm betting the judge says it's 
not a problem).

If Dmitry had stayed in Russia, he most likely wouldn't have been 
extraditable, unless Russia has local laws which also prohibit Dmitry's 
conduct - and many people have said that Russia does not. However, once he 
came inside the US' borders, he was subject to arrest at the FBI's 
convenience.

Dmitry's case should be a warning to people who do things forbidden under 
US law - don't visit the US, and
especially not in a high-profile or controversial fashion.

>>Um. What did Sklyarov do *IN THE USA* that was against US law?

Like Len said, this is a question that doesn't go anywhere good. Let's not 
help the the prosecution by identifying any new angles they may not have 
considered, at least not until Dmitry's back on Russian soil and the 
charges resolved.


--
Greg Broiles
gbroiles at well.com
"Organized crime is the price we pay for organization." -- Raymond Chandler