FC: Russian hacker nabbed by FBI now lost in federal prison system

From: Declan McCullagh (declanat_private)
Date: Thu Jul 19 2001 - 18:25:30 PDT

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       Russian Hacker Arrested by FBI Goes Missing
       posted by declan on Thursday July 19, @06:12PM
       from the where-is-dmitry-sklyarov dept.
       Dmitry Sklyarov is missing.
       The 27-year old Russian programmer and hacker who was arrested after
       Defcon was last spotted at 3 pm Monday, when he made a brief court
       appearance in Las Vegas. He's charged with violating the 1998 Digital
       Millennium Copyright Act.
       Now he's adrift inside the federal prison bureaucracy. A managing
       director of ElcomSoft, Sklyarov's employer, says he has no idea where
       his colleague is. Says ElcomSoft's Vladimir Katalov: "Of course they
       really worry about him, because FBI/police didn't allow Dmit to talk
       to his family."
       An informed source in the U.S. Attorney's office in San Francisco said
       that after Sklyarov's court visit on Monday he was turned over to the
       U.S. Marshals. The source said Sklyarov is likely out of contact since
       he's in transit to California. Typically prisoners are moved to a
       holding facility in Oklahoma until there's a scheduled transport to
       San Francisco, much as FedEx routes packages through central hubs.
       The government source said prosecutors receive almost no warning from
       the marshals when prisoners will appear -- sometimes they get a phone
       call, and sometimes the marshals simply take the prisoner to the court
       with no notice.
       The U.S. Marshals did not return phone calls. The U.S. Attorney's
       offices in San Francisco and Las Vegas said they did not know where
       Sklyarov was.
       An assistant U.S. Attorney in Las Vegas said that he wasn't familiar
       with the details of the case, but in general meeting with a detainee
       isn't a big deal: "Anyone can meet with a prisoner, you just head up
       to the prison and ask to see him." (That supposes that you know where
       he is.)
       Rene Valladares is an assistant federal public defender in Las Vegas
       who represented Sklyarov during the hearing on Monday. He said
       Sklyarov would arrive in California between now and two weeks from now
       (at the latest), at which point a judge will decide if he needs a
       public defender.
       As a side note, the chief of security for the Alexis Park Hotel --
       where the Defcon convention took place and where Sklyarov was arrested
       -- professed to know nothing. When asked about the arrest, he said: "I
       have no idea." When pressed about contact with the FBI, he admitted:
       "The FBI advises us if they are going to be on our property, but they
       don't tell us why. The FBI did advise us they would be on our property
       Monday morning."
       The Digital Millennium Copyright Act (DMCA) says in section 1201 that:
       "No person shall manufacture, import, offer to the public, provide, or
       otherwise traffic in any technology, product, service, device,
       component, or part thereof" that has as its primary use (or is
       marketed as) circumventing copy protection. Sklyarov is charged with
       one count of trafficking in illegal circumvention software.
       Section 1203 of the DMCA includes civil remedies, which is what the
       movie studios are using against 2600 magazine. 2600 distributed DeCSS
       via its website at no charge.
       Section 1204 of the DMCA lists the criminal penalties -- up to a
       $500,000 fine and five years in federal prison. Those apply to "any
       person who violates section 1201 or 1202 willfully and for purposes of
       commercial advantage or private financial gain." This section took
       effect in October 2000. Because Dmitry's firm sold their software for
       "private financial gain," the Feds believe they can prosecute under
       the part of Sec. 1204 that would likely not have applied to 2600.
       A prediction: Because of the DMCA, U.S. conferences with cutting-edge
       technical content in this area likely will begin to move offshore or
       to Canada. If you present your paper at a U.S. conference and get paid
       to speak, you could be the next person nabbed by the FBI. Even if
       there's no "financial gain," you or the conference organizers could be
       sued civilly (see the threats against Ed Felten's abandoned
       presentation at the Information Hiding Workshop in April).
       Relevant links:
       Department of Justice press release (7/17/2001)
       free-sklyarov mailing list (7/18/2001)
       BoycottAdobe.com (7/18/2001)
       EFF notice on protests scheduled for July 23 (7/19/2001)
       PlanetEBook report on arrest (7/16/2001)
       Text of the Digital Millennium Copyright Act
       McCullagh.org photographs:
       Photos from mccullagh.org of DMCA appeal (5/2001)
       Photos from mccullagh.org of DMCA protest on Capitol Hill (4/2000)
       Photos from mccullagh.org of DMCA trial (7/2000)
       Photos from mccullagh.org of Defcon '00 (7/2000)
       Politech archives:
       Politech archive on U.S. v. Sklyarov
       Politech archive on DeCSS lawsuit against 2600 magazine
       Politech archive on Princeton University's Ed Felten's struggle with
       the recording industry
       Politech archive on the Digital Millennium Copyright Act
       News articles: (newest first)
       Civil Liberties Group Blasts Adobe For Aiding FBI In Arrest 
       Jul. 19, 2001 19:35 ET 
       Russian busted for breaking ebook code
       Jul. 19, 2001 16:02 ET
       Russian computer programmer arrested at hacker conference
       Jul. 19, 2001 15:15 ET
       On the Net
       Jul. 19, 2001 14:14 ET
       Boycott Adobe campaign launches
       Jul. 19, 2001 12:35 ET
       Russian accused of ebook violation
       Jul. 19, 2001 06:57 ET
       Hacker Arrest Stirs Protest
       Jul. 19, 2001 06:45 ET
       Arrest in e-book fraud case
       Jul. 19, 2001 05:51 ET
       Arrest in e-book fraud case
       Jul. 19, 2001 05:50 ET
       FBI arrests software writer
       Jul. 19, 2001 05:45 ET
       U.S. Arrests Russian Cryptographer as Copyright Violator
       Jul. 19, 2001 03:35 ET
       Adobe Alerted Government To Russian Software Crack
       Jul. 18, 2001 19:35 ET
       Russian to face US hacking charges
       Jul. 18, 2001 19:14 ET
       Russian faces e-book copying charges
       Jul. 18, 2001 17:15 ET
       Russian Hacker Arrested After Las Vegas Convention
       Jul. 18, 2001 17:11 ET
       Arrest fuels Adobe copyright fight
       Jul. 18, 2001 11:10 ET
       FBI arrests software writer
       Jul. 18, 2001 05:45 ET
       Russian computer programmer arrested
       Jul. 18, 2001 05:45 ET
       DMCA bust at Def Con
       Jul. 18, 2001 04:59 ET
       FBI agents pounce on Defcon hacker
       Jul. 18, 2001 04:47 ET
       Russian Hacker Arrested After Las Vegas Convention
       Jul. 17, 2001 23:11 ET
       FBI nabs Russian expert at Def Con
       Jul. 17, 2001 21:10 ET
       FBI Arrests Russian Creator Of E-Book-Decoding Software
       Jul. 17, 2001 17:35 ET
       Russian hacker arrested after convention
       Jul. 17, 2001 15:40 ET
       eBook security debunker arrested by Feds
       Jul. 17, 2001 14:35 ET
       Russian Adobe Hacker Busted
       Jul. 17, 2001 12:45 ET
    (Thanks to A.O. for contributing to the above.)
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