Slashdot Log In
U.S. To Drop Charges Against Sklyarov
Posted by
timothy
on Thu Dec 13, 2001 05:12 PM
from the in-exchange-for-testimony dept.
from the in-exchange-for-testimony dept.
Schmerd writes: "The New York Times has a story saying that charges will be dropped against Dmitry Sklyarov in exchange for his testimony against his employer ElcomSoft." Si adds: "It looks like Dmitri might be home for Christmas. This is not the end of the trial, but it appears Dmitri has been freed, pending certain stipulations." jij adds this breaking news article on the Associated Press wire as well. (The AP story is also at Wired). Update: 12/13 22:23 GMT by T : sam@caveman.org links to a slightly more in-depth AP report at the Seattle Post-Intelligencer.
This discussion has been archived.
No new comments can be posted.
U.S. To Drop Charges Against Sklyarov
|
Log In/Create an Account
| Top
| 329 comments
(Spill at 50!) | Index Only
| Search Discussion
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
DOJ is biding their time.... (Score:5, Insightful)
Say what you will about evil crackers and hackers who restlessly violate people's property. Dmitry was obviously not one of these people. He wrote a tool to do something that is still quite legal in Russia, and is considered to be quite a scholar and expert by many. Any competent lawyer would have been able to present him as such. He would have a huge chance of getting
The U.S. has zero chance to uphold the DMCA unless they get precident behind it that come from using it to prosecute someone who they can present as having evil purposes... such as any of the alleged DoD crackers arrested this week.
As long as the people who get involved in lawsuits are fairly upstanding individuals, they can't afford to prosecute. Once they come across someone who would probably be sent up the river even without the DMCA, then they'll prosecute.
Just watch...
Re:Well that sucks ... (Score:4, Insightful)
I couldn't disagree with you more. Dmitry was the absolute wrong test case. He is not within the jurisdiction of the DMCA, since he did not develop the software on American soil and he did not distribute the software in America. While his employer did distribute the software in America, Dmitry cannot be held responsible for the actions of his employer.
This "test" kept Dmitry locked up on a foreign land away from his family for a crime he did not commit.
The test case needs to be an American citizen, preferably a prominent university professor or researcher, who would publish an encryption circumvention technology, and who would be willing to go to jail in protest of the injustice of the law. This would not show contempt for the law; rather, it would show the highest respect for law.
Re:A Positive Step? (Score:5, Insightful)
This really is the best of both worlds. We get the opportunity to see the DMCA blown out of the water, and Dmitry gets to go home for the holidays.
he is not testifying against his employer... (Score:5, Interesting)
In today's agreement, Dmitry will be required to testify for the government and ElcomSoft expects him to testify for their case as well. The story Dmitry has to tell is exactly the same regardless of which side calls him to testify. Dmitry's story has not changed since that day in July, when the FBI arrested him in Las Vegas, and he is quite happy to tell his story again and again, if need be.
- from the planetpdf article
To say that he is going to testify "against" his employer seems to be a bit much. The various articles say that he will testify and that it is unsure which side will call him first.
answered my own question... (Score:5, Interesting)
you know, this guy has a real class act employer.
freedsklyarov.org (Score:3, Funny)
AgentZero Technologies
955 Massachusetts Ave #130
Cambridge, MA 02139
US
Domain Name: FREESKLYAROV.ORG
Record last updated on 13-Dec-2001.
Record expires on 18-Jul-2002.
[waldo@tux]$ whois freedsklyarov.org
No match for domain "FREEDSKLYAROV.ORG".
Hmm...
-Waldo Jaquith
DMCA will never get to the US Supreme Court (Score:5, Insightful)
There is something severely wrong with the check and balances system of the US Gov't. Laws don't have to be constitutional to be passed. Corporations (or AG Ashcroft) just have to keep the nconstituional laws from being tested all the way up to the SC. What we really need is a judiciary review of new laws (before they go into effect) which pits them against the constitution.
-JungleBoy
Re:Legal Advice for foreigners (Score:5, Insightful)
By that peculiar logic, Hollywood should be jailed and locked up by DEMOSTRATING how to hijack airplanes. I would say that is more appropriate example of DEMOSTRATING, than giving a talk.
Say what you want about legality. The whole point is that this piece of legality is immoral, unconstitutional.
Re:Legal Advice for foreigners (Score:4, Insightful)
Senators and Congressmen aren't that stupid, nor are Hollywood lobbyists.
My understanding was that it was trafficing in access control circumvention devices he was charged with, and that offense was committed by his employer, and was unrelated to his visit in the US.
What does it matter anyway? (Score:5, Interesting)
Red's Free America, Film at 11 (Score:3, Informative)
for some reason, the wired print version [wired.com] has more info, including this bit:
i have to say, i'm very impressed with ElComSoft's generally enlightened attitude.wouldn't it be ironic if a russian company played a role in freeing america from an unjust law?
Re:Dmitry: Write a Book of Your Experience (Score:4, Funny)
Boy, that'll be fun!
Alexander Katalov (Score:5, Interesting)
Hands down, Mr. Katalov is the coolest employer I've ever seen. Since Dmitry's arrest, he had been front-and-center, doing what it took to get Dmitry free regardless of the risk. Thomas C. Greene [mailto] raised this issue in an article [theregister.co.uk] in The Register [theregister.co.uk] a while back and it got my attention. But I am very impressed that he continued to put responsibility on his company when Dmitry would have provided a convenient scapegoat.
Charges are deffered NOT dropped... (Score:3, Informative)
From The US Attorneys Office
FOR IMMEDIATE RELEASE
December 13, 2001
The United States Attorney's Office for the Northern District of California announced that Dmitry Sklyarov entered into an agreement this morning with the United States and admitted his conduct in a hearing before U.S. District Judge Whyte in San Jose Federal Court.
Under the agreement, Mr. Sklyarov agreed to cooperate with the United States in its ongoing prosecution of Mr. Sklyarov's former employer, Elcomsoft Co., Ltd. Mr. Skylarov will be required to appear at trial and testify truthfully, and he will be deposed in the matter. For its part, the United States agreed to defer prosecution of Mr. Sklyarov until the conclusion of the case against Elcomsoft or for one year, whichever is longer. Mr. Sklyarov will be permitted to return to Russia in the meantime, but will be subject to the Court's supervision, including regularly reporting by telephone to the Pretrial Services Department. Mr. Sklyarov will be prohibited from violating any laws during the year, including copyright laws. The United States agreed that, if Mr. Sklyarov successfully completes the obligations in the agreement, it will dismiss the charges pending against him at the end of the year or when the case against Elcomsoft is complete.
Mr. Sklyarov, 27, of Moscow, Russia, was indicted by a federal Grand Jury on August 28, 2001. He was charged with one count of conspiracy in violation of Title 18, United States Code, Section 371, and two counts of trafficking for gain in technology primarily designed to circumvent technology that protects a right of a copyright owner in violation of Title 17, United States Code, Section 1201(b)(1)(A), and two counts of trafficking for gain in technology marketed for use in circumventing technology that protects a right of a copyright owner in violation of Title 17, United States Code, Section 1201(b)(1)(A).
In entering into the agreement with the government, Mr. Sklyarov was required to acknowledge his conduct in the offense. In the agreement, Mr. Sklyarov made the following admissions, which he also confirmed in federal court today:
"Beginning on a date prior to June 20, 2001, and continuing through July 15, 2001, I was employed by the Russian software company, Elcomsoft Co. Ltd. (also known as Elcom Ltd.) (hereinafter "Elcomsoft") as a computer programmer and cryptanalyst.
"Prior to June 20, 2001, I was aware Adobe Systems, Inc. ("Adobe") was a software company in the United States. I was also aware Adobe was the creator of the Adobe Portable Document Format ("PDF"), a computer file format for the publication and distribution of electronic documents. Prior to June 20, 2001, I knew Adobe distributed a program titled the Adobe Acrobat eBook Reader that provided technology for the reading of documents in an electronic format on personal computers. Prior to June 20, 2001, I was aware that documents distributed in the Adobe Acrobat eBook Reader format are PDF files and that specifications of PDF allow for limiting of certain operations, such as opening, editing, printing, or annotating.
"Prior to June 20, 2001, as a part of my dissertation work and as part of my employment with Elcomsoft, I wrote a part of computer program titled the Advanced eBook Processor ("AEBPR"). I developed AEBPR as a practical application of my research for my dissertation and in order to demonstrate weaknesses in protection methods of PDF files. The only use of the AEBPR is to create an unprotected copy of an electronic document. Once a PDF file is decrypted with the AEBPR, a copy is no longer protected by encryption. This is all the AEBPR program does.
"Prior to June 20, 2001, I believed that ElcomSoft planned to post the AEBPR program on the Internet on the company's website www.elcomsoft.com. I believed that the company would charge a fee for a license for the full version of the AEBPR that would allow access to all capabilities of the program.
"After Adobe released a new version of the Adobe Acrobat eBook Reader that prevented the initial version of the AEBPR program from removing the limitations or restrictions on an e-book, I wrote software revisions for a new version of the AEBPR program. The new version again decrypted the e-document to which it was applied. The version of this new AEBPR program offered on the Elcomsoft website only decrypted a portion of an e-document to which it was applied, unless the user had already purchased a fully functional version of the earlier version and had both versions installed on the same machine. The new version was developed after June 29, 2001. At that time, Elcomsoft had already stopped selling the program. The version of this new program offered on the Elcomsoft website did not provide a user with an opportunity to purchase it or convert it to a fully functional one, and was developed as a matter of competition.
"On July 15, 2001, as part of my employment with Elcomsoft, I attended the DEF CON Nine conference in Las Vegas, Nevada. At the conference I made a presentation originally intended for the BlackHat conference that immediately preceded the DefCon Nine in July 2001 in Las Vegas, Nevada. The same group of people organizes both BlackHat and DefCon Nine. Since there was no available slot for a presentation at BlackHat at the time when the paper was sent for the committee consideration, the organizers of both conferences suggested that the paper be presented at the DefCon rather than at BlackHat. The paper that I read at DefCon is attached as Exhibit A. A principal part of my presentation is comprised of my research for the dissertation. In my presentation when I said "we", I meant Elcomsoft."
Mr. Sklyarov's employer, Elcomsoft, remains charged in the case, and the Court in that matter has set hearings for various motions on March 4, 2002, and April 1, 2002.
The prosecution of Elcomsoft is the result of an investigation by the Federal Bureau of Investigation. Scott Frewing and Joseph Sullivan of the Computer Hacking and Intellectual Property ("CHIP") Unit are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of legal technician Lauri Gomez.
A copy of this press release and key court documents filed in the case may also be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can <http://www.usaondca.com>.
All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415)436-7181 or Assistant U.S. Attorney Ross Nadel, Chief of the CHIP Unit, in San Jose...
Poor reporting (Score:5, Insightful)
He's on probation... IN RUSSIA?? (Score:3, Interesting)
Is this Pournelle's American Empire at last? Has anyone noticed that the DOJ now claims worldwide powers?
So fast, so fast it's happening...
US law scares me away from the high-tech jobs (Score:3, Insightful)
When the economy is recovering next time, this may become a problem. To those of you out temporality of work, how about spending your effort changing this situation to the better?
You can tell the DMCA was written by a corporation (Score:3, Insightful)
Hmmmm..... So if I, an individual citizen, break the DMCA, I go to jail and pay a very large fine. If I become "Individual Citizen, Inc." and break the DMCA, I don't go to jail and I pay a small fine. The CEOs who wrote the law were smart enough to protect themselves.
Would you not do the same thing? (Score:4, Insightful)
I for one am happy to know he is free to be seeing his wife and children; I know if I were kept a long time from my soon-to-be-husband Yves for a great part of a year, I would do anything to see him again, and I think you would too.