[sklyarov-chicago] [nick@zork.net: [CrackMonkey] lawyer for sklyarov]

[Peter A. Peterson II]

I haven't forgotten about letter writing -- just gotten a little
sidetracked...

stay tuned,

pedro

----- Forwarded message from Nick Moffitt <nick@zork.net> -----


   ©2001 Law.com
   Page printed from: http://www.law.com
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   Russian Programmer Dmitry Sklyarov Gains High-Profile Defense Lawyer 
   Substitution adds twist to cyber-cause celèbre
   Shannon Lafferty
   The Recorder
   October 1, 2001
   Renowned San Francisco defense attorney John Keker has agreed to
   represent indicted Russian computer programmer Dmitry Sklyarov on a
   pro bono basis.
   Keker's decision to represent Sklyarov, believed to be one of the
   first to be criminally charged under the Digital Millennium Copyright
   Act, could put an end to speculation that a plea deal is in the works.
   Keker of Keker & Van Nest won't say whether any plea offers are on the
   table but said he wasn't brought aboard to cut a deal.
   "They are always welcome to dismiss the case, but we didn't come in to
   make a plea deal," Keker said Thursday. "We are here to deal with the
   defense of the case and to win it."
   Sklyarov, 26, is accused of writing a program for his Russian employer
   ElcomSoft that allows people using Adobe Systems Inc. eBook software
   to copy and print digital books, transfer them to other computers and
   have the text read aloud by the computer.
   Keker, whose past cases include the prosecution of Lt. Col. Oliver
   North in the Iran-Contra scandal, said he was approached to take
   Sklyarov's case but did not elaborate further. Keker said he took the
   case pro bono because he felt Sklyarov was unfairly targeted.
   "I think he is being unjustly accused and that's the kind of case I
   like to do," Keker said Thursday.
   Defense attorney Joseph Burton was initially retained to represent
   Sklyarov but is withdrawing to represent co-defendant ElcomSoft.
   Since Sklyarov was arrested in July at a convention in Las Vegas,
   programmers and technology companies have publicly criticized the
   prosecution. The alleged victim, San Jose, Calif.-based Adobe Systems,
   which initially reported Sklyarov and his Russian employer to the U.S.
   Attorney's office, has said it no longer supports prosecution.
   Both sides are currently conducting discovery. Keker said he and his
   team will be working "to understand Adobe's role and determine whether
   or not it's proper."
   Colleen Pouliot, Adobe senior vice president and general counsel, did
   not return calls.
   Former prosecutors have said that Adobe's decision to distance itself
   from the case makes it tougher for the U.S. Attorney's office.
   "Unlike traditional crimes, where you have an individual or an
   institution as the victim, tech crimes enter into a new area because
   all the government has to rely on is the expertise of the company,"
   said Stephen Freccero, a former prosecutor now with Morrison &
   Foerster's San Francisco office. "Generally, they are the kinds of
   cases the government wouldn't even know about if they hadn't been
   contacted by the victim," Freccero added in a recent interview.
   Groups like the Electronic Frontier Foundation, which promotes
   cyber-rights, have been critical of the prosecution from the start,
   saying the DMCA wasn't intended to criminalize software like
   Sklyarov's.
   Meanwhile, observers have said Adobe's about-face has put the U.S.
   Attorney's office in a tough situation. If it drops the charges, the
   office may seem ill-equipped to handle the high-tech, white-collar
   crimes it has vowed to go after. If it goes ahead with an unpopular
   prosecution, it could alienate high-tech companies whose assistance it
   needs to develop other cases.
   Sklyarov, who is out on bail, will appear in San Jose federal court
   Nov. 26 for a pretrial hearing. If convicted, he could face five years
   in prison and a $500,000 fine.


-- 
"The only thing is certain: Russian petty computer hooligans are very
slovenly, while FBI agents are very persistent in hunting them." --Pravda
	01234567 <- The amazing* indent-o-meter! 
        ^	    (*: Indent-o-meter may not actually amaze.)

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