EFFector       Vol. 14, No. 17       Aug 3, 2001     editor@eff.org

A Publication of the Electronic Frontier Foundation     ISSN 1062-9424

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What YOU Can Do To Help Set Dmitry Sklyarov Free

Electronic Frontier Foundation ACTION ALERT

(Issued: Aug. 3, 2001 / Deadline: Aug. 6, 2001)

Jump straight to What YOU can do.

Introduction:

MONDAY, AUGUST 6: Join other freedom lovers in renewed protest against the arrest of Russian software engineer Dmitry Sklyarov. Dmitry was arrested in Las Vegas on July 16 by the FBI after presenting a paper on cryptography software he developed in Russia. The US Attorney for the Northern District of California (i.e., the Dept. of Justice) has filed criminal charges against Dmitry in Calif., under the Digital Millennium Copyright Act (DMCA) for providing software that decrypts Adobe eBook files so that their content can be accessed in ways that Adobe's own software does not provide (e.g. text-to-speech translation for the blind). We believe that this prosecution is a reprehensible assault on the free expression rights of programmers (and ultimately of end users), under a law that will not withstand constitutional scrutiny. What YOU can do.

Dmitry has been held in custody from his arrest, until the present time. He is finally being transferred to San Jose, and will have another bail hearing at the San Jose Federal Building, San Jose, CA, before Magistrate Judge Edward A. Infante, Mon., Aug. 6, at 11am PT.

At a bail hearing there are two issues: Is the person likely to continue committing the alleged crime, and is the person a flight risk (unlikely to return to court). In this case the real issue is flight risk, since Sklyarov is a citizen of another country and has no ties (job, property, family) to the United States. He already had a bail hearing in Las Vegas (in the district where he was arrested), but is entitled to another one upon his arrival in San Jose (in the district where he will be tried). The judge in such a case will look at the defendant's circumstances and determine whether there are any safeguards or combination of safeguards that will ensure that the person will come back to court and not become a fugitive from trial. What this means for Dmitry Sklyarov is that it will be very hard for him to get out of jail pending trial unless he can come up with some real ties to this district and/or some other means of ensuring he remains in the U.S. for trial can satisfy the District Attorney and the court (e.g., electronic location-tracking bracelet, house arrest, etc.)


What YOU Can Do:


ATTEND THE MONDAY, AUG. 6, 2001, PROTEST!

WHEN/WHERE

RALLY AT "THE SNAKE": We will be meeting at 9:30-9:50am PT in downtown San Jose at the snake sculpture, "Quetzalcoatl", which is at the south end of Cesar de Chavez Park, at the corner of South Market St. and West San Carlos St. Cesar de Chavez Park is across San Carlos from the Hyatt St. Claire Hotel, and about a block from the First Street location of the Federal Building.

We will then march to the front steps of the Federal Building (courthouse) at 280 South First Street and begin our protest at 10:00am sharp, and continue through until at least noon. (The hearing itself will begin at 11:00am and continue at the judge's discretion. Some may move from the protest to the court room, but we need enough people to turn up to keep a large and visible protest going throughout the hearing.)

Additional protests will probably be organized all over the United States (several are already in the works), and in other countries. If you can make it to one of them, please show up to show your support for online freedom of expression and for Dmitry Sklyarov! These sites will have the latest information about the additional protests:
  http://www.freesklyarov.org/
  http://www.freedmitry.org/

TRANSIT

VTA light rail: Take the Santa Teresa/Baypointe line to the Convention Center stop. Trains run approximately every 10 minutes. The convention center is on the south side of the street; walk 1/2 block east on W. San Carlos St. to the snake.

VTA light rail schedules:
 http://www.vta.org/schedules/SC_901.html

Caltrain: Transfer from Caltrain to the Santa Teresa/Baypointe light rail line at the Tamien station.

CalTrain schedules:
 http://www.transitinfo.org/cgi-bin/map_sched/CT

DRIVING

Downtown San Jose is easily accessible from US 101, Interstate 280, and California 87. See the URL below for maps and recommended routes:
Yahoo map
http://maps.yahoo.com/py/maps.py?addr=S+Market+St+and+W+San+Carlos+St&csz=San+Jose%2C+CA

Map to get to courthouse directly:
DoJ map
http://www.cand.uscourts.gov/cand/courtinfo.nsf/6f311f8841e7da2488256405006827f0/f3b46c67b334132e88256682007f6ba9?OpenDocument

PARKING

Parking is available on Second Street right across from the courthouse (Valley Parking), not too far from Original Joe's restaurant. Also, an inexpensive pay parking lot is available at the San Jose Convention Center, across San Carlos from the snake sculpture. The entrance is from Almaden Blvd., one block west.

Rideshare/Carpool Board for this protest

EVENT CONTACTS

Dan Martinez
dfm@area.com
+1 408-768-3649 (cell)

Alternate:
Jo Hastings
jo@havenco.com
+1 510-798-5040 (cell)
+1 415-282-6964 (land line)

There are also actions planned for Monday, August 6, in Boston, St. Louis and Pittsburgh. Details at:
  http://freesklyarov.org/calendar/
See this site also for updates about the details of the San Jose protest.

WHAT TO BRING

Please bring a sign, and/or or a U.S. or Russian flag, and a cell phone if you have one. Keep signs simple (4 words is ideal) so that they are easy to read for people passing by.

"Drop the charges" and "Free Dmitry" are examples.

For graphics to add to signs, see:
  http://www.eff.org/IP/DMCA/US_v_Sklyarov/Graphics/

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HELP PACK THE COURTROOM - SHOW UP FOR THE HEARING!

You can help impress upon the judge just how important and closely-watched this case is, by appearing in-person for the hearing. We want to the completely pack the courtroom.

The hearing is at 11:00am PT, Mon., Aug. 6, at the San Jose Federal Building (courthouse), 280 South First Street, San Jose, CA, in the courtroom of Magistrate Judge Edward A. Infante, Courtroom 7, 4th floor. Arrive early - You will not be admitted after the hearing begins if you arrive late.

Important: Consider this a "dress-up day" - suits, or business-casual at worst. NO T-SHIRTs. We must show as much respect to and for the court as possible. No picket signs in the courtroom, no outbursts.

See protest info above for maps, transit and parking information.

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CAMPAIGN FOR AUDIOVISUAL FREE EXPRESSION & BLUE RIBBON CAMPAIGN FOR ONLINE FREE SPEECH

This drive to free Dmitry Sklyarov is part of larger campaigns to empower the creative community in the digital age by protecting the public's access to and use of audiovisual technologies (CAFE), and to protect online freedom of speech and press (Blue Ribbon).

Check the EFF CAFE & Blue Ribbon campaign websites regularly for additional alerts and news:
  http://www.eff.org/cafe/
  http://www.eff.org/br/

BACKGROUND

For more information about the US v. Sklyarov Case see:
  http://www.eff.org/IP/DMCA/US_v_Sklyarov/

For yet more information on the DMCA see:
  http://www.eff.org/IP/DMCA/

Frequently Asked Questions (and Answers) About the US v. Sklyarov Case:
  http://www.eff.org/IP/DMCA/US_v_Sklyarov/us_v_sklyarov_faq.html

For more information on the grassroots effort to free Dmitry Sklyarov, see:
  http://www.freesklyarov.org/
  http://www.freedmitry.org/

To join the free-sklyarov mailing list, see:
  http://zork.net/mailman/listinfo/free-sklyarov/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world:
  http://www.eff.org

Media Contacts:

Stanton McCandlish, EFF Online Activist / Webmaster
help-dmitry@eff.org
+1 415-436-9333 x111
Robin Gross, EFF Staff Attorney - Intellectual Property
robin@eff.org
+1 415-863-5459

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EFF Offers Some Advice

Marc's Revolutionary Corner

by Marc Perkel, EFF sysadmin, activist

One way to help Dmitry is to write letters to the editor and e-mail them to newspapers. Most people don't realize how easy it is to get published. Many people think that newspapers are flooded with people writing good letters and that it's difficult to compete. This is not the case. Many papers get few letters to the editor and much fewer that are acceptable for publication. Your chances of getting a letter published are very good. And this is especially true if you e-mail several newspapers. Here is a short tutorial on how to get your letter published.

The first rule is to always include your name, address, and phone number so they can contact you for verification. Anonymous letters are almost never published, so don't even try. Local newspapers prefer to publish local letters, so your area paper is a good place to start. But go after the big ones too. I personally have had 3 letters published in USA Today this year, and there's nothing special about me.

The second rule is to keep it short, the shorter the better. No more than 3 short paragraphs. There is limited space so the easier your letter fits in, the more likely it will be printed. So resist the temptation to ramble on, and edit your work to make your point in as few characters as possible.

Third, keep it to the point. Try to focus on a single issue and stick with it and stay on track. (That also helps you keep it short.) There may be more you want to say but sometimes you have to not say everything in the interest of making it in print.

Fourth, keep it interesting, balanced, accurate (check your facts) and if possible use a little humor (sparingly). Write the kind of letter that will keep the reader's interest and make them grin. Write the kind of letter you would want to read. Keep in mind your message and your target audience. Are you preaching to the choir or are you trying to reach the undecided and uninformed? Try to keep in mind what you want your letter to accomplish.

Here is a sample of a letter to the editor. Feel free to work from this and send off your own letter to newspapers, magazines and news websites:

Has America become the Enemy of Freedom?

As an American I am very upset and ashamed over the arrest of Russian programmer Dmitry Sklyarov. Dmitry was arrested under American law for a computer program he wrote in Russia that was legal in practically every country in the world except America.

When I was in school I was taught that the US was the land of the free. Our freedom is what distinguished us from the "evil Communists". How ironic it is then that the US is throwing Russians in jail and imposing American law on the entire planet. If one of OUR programmers were arrested in Russia, this would be a major international indicident, and our government would probably be taking a lot of steps to get him/her back.

If we start arresting people from other countries for breaking our laws from afar, then we might get arrested in their countries for breaking their laws. We are a planet of many nations and we have to realize that we put Americans in danger abroad if we put foreigners in danger here. I therefore urge the Justice Department to free Dmitry and let him return home to his family.

More Sample letters on a variety of topics:
  http://www.realjournalism.net/letters.htm
[EFF does not endorse the personal opinions expressed in these letters; I wrote them off-duty. But they may serve as examples of how to do it.]

More tips on writing letters-to-the-editor:
  http://www.realjournalism.net/publish.htm
  http://www.realjournalism.net/readers.htm

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Praises Experience of Joseph Burton, Russian Programmer's Attorney

Electronic Frontier Foundation Media Release

For Immediate Release: August 3, 2001

Contact:

Lee Tien, EFF Senior Staff Attorney,
  tien@eff.org,
  +1 415 436 9333 x102

San Francisco, CA - The Electronic Frontier Foundation (EFF) today welcomed the announcement of Joseph M. Burton as defense attorney for jailed Russian computer scientist Dmitry Sklyarov. Burton has represented Sklyarov since July 20.

Sklyarov was arrested July 16 on charges of distributing software that circumvents copyright protections, in violation of provisions of the Digital Millennium Copyright Act (DMCA).

The FBI arrested Sklyarov shortly after he gave a presentation at the DEF CON conference in Las Vegas outlining security flaws in Adobe eBook software. A Ph.D. student from Moscow, Russia, Sklyarov showed that industry claims about electronic book software were unfounded.

"I believe absolutely in Dmitry's innocence," Burton said Thursday. "I feel particularly confident, given the widespread support he's garnered, that we will be able to prove that innocence. This prosecution raises serious issues that need to be addressed if we are to enjoy the same rights in the new digital millennium as we have in the past."

Burton, a former Assistant United States Attorney, was chief of the Silicon Valley Office of the U.S. Attorney's Office for the Northern District of California, where he brought several pioneering high technology prosecutions. He is a member of the White Collar Crime and Complex Crimes committees of the Section of Litigation of the American Bar Assocation and former chair of the Computer Crime Subcommittee. Burton is also a member of the Bar Association of San Francisco's Judiciary Committee, the Federal Bar Association and the Charles Houston Bar Association.

EFF, which has called for Sklyarov's release, praised the choice of Burton, a partner in the San Francisco office of national law firm Duane, Morris & Heckscher LLP.

"His experience in criminal law and technology cases is exactly what Dmitry needs," said EFF Senior Staff Attorney Lee Tien.

Cindy Cohn, legal director of the San Francisco-based EFF, said "We are very pleased that Dmitry Sklyarov has capable criminal representation."

"We did not seek to represent Mr. Sklyarov ourselves because our legal expertise is concentrated in civil liberties, not in direct criminal defense," said Cohn. "However, as experts in the implications of the Digital Millennium Copyright Act, we plan to work closely with Mr. Burton and the rest of Mr. Sklyarov's defense team. And, of course, we will continue our role in informing the public and in organizing and participating in other efforts to free Dmitry."

The DMCA, enacted in 1998, imposes civil and criminal penalties for circumventing technologies that protect a copyright holder's interests. EFF, along with computer professionals, academics, librarians, and others, has maintained that the law goes too far, criminalizing legitimate activity and threatening computer security research.

EFF is counsel for defendants in an earlier civil DMCA case, Universal City Studios v. Reimerdes. In that case, currently on appeal, the defense team argued for 2600 Magazine's right to publish and link to a computer program that decrypts DVDs, allowing them to be played on Linux and other operating systems. In addition, EFF represents Princeton University Professor Edward Felten and his colleagues in a recent civil case challenging the DMCA and defending their right to publish academic research on copy protection systems.

For the latest information on the Sklyarov case, including media releases and legal filings, see:
  http://www.eff.org/IP/DMCA/US_v_Sklyarov/

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world:
  http://www.eff.org/

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Opposes EFF in Case Seeking Fairness in Where Such Disputes Are Heard

Electronic Frontier Foundation Media Release

For Delayed Release: August 2, 2001

Contact:

Eric Grimm, Attorney, Cyberbrief PLC,
  eric.grimm@cyberbrief.net,
  +1 734-332-4900
Cindy Cohn, EFF Legal Director,
  cindy@eff.org,
  +1 415 436 9333 x108

San Francisco - The EFF expressed dismay that Network Solutions, Inc. (NSI) has stepped in to support the opposing side in an EFF case involving a dispute between Canadian parties over a Canadian trademark. NSI filed an amicus brief supporting the position that small domain holders located all over the world should be forced to defend their domain names in Virginia simply because NSI, which holds the master list of domain names, is located there.

Pro bono counsel Eric Grimm of Cyberbrief PLC and the EFF had argued that due process guarantees prevent a Virginia court from using the fact that NSI is located in Virginia as a basis to force the Canadian individual, Elliot Salmons, to defend his domain name in Virginia rather than Canada. The case is a dispute between Mr. Salmons and a large Canadian company about a Canadian trademark. NSI is not a party to the suit.

Grimm said, "The notion that the United States Courts should extend their reach extraterritorially to adjudicate wholly foreign lawsuits is stunningly wrong and defies common sense. U.S. residents and companies have found themselves on the receiving end of this problem -- for example the recent Yahoo! case about electronic auctions. The United States should set a better example."

The dispute arises from the domain name "technodome.com." Canadian citizen Elliot Salmons registered the domain and was using it in a web site for use by theater workers in Canada. Subsequently, a large Canadian company, Heathmount A.E. Corporation decided that it wanted to use the name for a planned amusement park, also to be located in Canada. Rather than sue Mr. Salmons in Canada, where it clearly could do so, Heathmount brought an action in Virginia under the controversial Anti-cybersquatting Consumer Protection Act (ACPA) against the domain name itself, forcing Mr. Salmons to locate attorneys to defend the domain in a far away location under the foreign law. Heathmount later abandoned its case, but on July 25, 2001, NSI filed an amicus brief supporting Heathmount's position over that of the small domain holder.

"The EFF joined this case because we'd like to see an end to this kind of rank 'forum shopping.' Individuals like Mr. Salmons, many of whom have never even been to the United States -- much less Virginia -- should not be forced to defend their domains far from home, especially when their opponents are located in the same jurisdiction and the case arises under foreign law," noted Cindy Cohn, EFF's Legal Director. "It is bad enough when large corporations do this kind of jurisdictional maneuvering to gain an unfair advantage over smaller domain holders, but now NSI has thrown its support behind this unconstitutional abuse of the legal system. This act belies NSI's often made claim that it remains neutral during domain name disputes. By filing a brief in support of forcing small businesses and individuals to defend their domains in Virginia, it has clearly shown itself to be on the side of the large businesses that are seeking to gain an unfair advantage by suing smaller domain holders far from home."

The case, Heathmount A.E. Corporation v. Technodome.com, 106 F.Supp.2d 860 (E.D. Va. 2000), is on appeal to the U.S. Court of Appeals for the Fourth Circuit. EFF will file a reply brief in August and oral argument in the case is expected to be heard in September.

EFF's Brief in the Technodome case is available at:
  http://www.eff.org/Censorship/SLAPP/Forum_shopping/Heathmount_v_Technodome.com/20010329_appellant_brief.html
or:
  http://www.eff.org/Censorship/SLAPP/Forum_shopping/Heathmount_v_Technodome.com/20010329_appellant_brief.pdf

The NSI brief is not available in electronic format currently. If it becomes available, the EFF will publish it on our website at http://www.eff.org/Censorship/SLAPP/Forum_shopping/Heathmount_v_Technodome.com/ as soon as possible.

About EFF:

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world:
  http://www.eff.org/

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Free the Internet with help from President Bush & Co.

We need your help now more than ever! Please make a US-tax-deductible contribution to the Electronic Frontier Foundation!

http://www.eff.org/support/

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Washington, D.C., Aug. 15.

Join the Electronic Frontier Foundation in celebration of the presentation of Professor Ed Felten's Reading Between the Lines: Lessons from the SDMI Challenge at the USENIX Security Symposium on August 15th, 2001! Come and meet Professor Felten, his research team, and legal team, and support EFF's legal battle to get this paper presented. We will be dining at the prestigious Red Sage restaurant after the panel discussion on SDMI/DMCA, which runs from 6:30 - 7:00 on the evening of August 15th.

The Red Sage is just around the block from the J.W. Marriott Hotel. We will be gathering in the Continental room at 7:30, and dinner will begin at 8:00.

Come support the Electronic Frontier Foundation (EFF) in defending our rights to think, speak, and share our ideas, thoughts, and needs using new technologies!

Based in San Francisco, EFF is a donor-supported membership organization working to protect our fundamental rights regardless of technology; to educate the press, policymakers and the general public about civil liberties issues related to technology; and to act as a defender of those liberties. Among our various activities, EFF opposes misguided legislation, initiates and defends court cases preserving individuals' rights, launches global public campaigns, introduces leading edge proposals and papers, hosts frequent educational events, engages the press regularly, and publishes a comprehensive archive of digital civil liberties information at one of the most linked-to websites in the world: http://www.eff.org.

There are only 21 spots left, so sign up early! Contact Contact Katie by e-mail at katie@eff.org or by phone at +1 415-436-9333 x104 to reserve a spot. The price of admission to the celebration with the Electronic Frontier Foundation, Ed Felten, his research team, and the legal team is $250, which includes dinner and wine at the legendary Red Sage restaurant.

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The Electronic Frontier Foundation would like to say a special thank you to our friends at Red Hat http://www.redhat.com/ ) for their contribution of Red Hat Linux for our servers. We are currently running several computers on Red Hat including our web servers as well as our office file server. We at the EFF also appreciate the financial support that Red Hat has given us over the years.

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Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org

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