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

EFFector Vol. 14, No. 17 Aug 3, 2001 [email protected]

A Publication of the Electronic Frontier Foundation ISSN 1062-9424

In the 177th Issue of EFFector (now with over 28,400 subscribers!):

* ALERT: Protest Russian Programmer's Detainment & Help Pack the
Courtroom
* Write a Letter-to-the-Editor to Help Free Dmitry!
* EFF Welcomes Sklyarov Counsel
* NSI Supports Forcing All Domain Disputes to Virginia
* Donate Your Tax Refund to EFF!
* Join EFF in Fundraising Dinner with Ed Felten
* EFF Thanks Red Hat for Generous Software Donation
* Administrivia

For more information on EFF activities & alerts: http://www.eff.org

To join EFF or make an additional donation:
http://www.eff.org/support/
EFF is a member-supported non-profit. Please sign up as a member
today!
_________________________________________________________________

ALERT: Protest Russian Programmer's Detainment & Help Pack the Courtroom

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 10am-to-noon+ protest rally at the San Jose Federal
Building (or one of the protests in other areas).
* Attend the bail hearing and help pack to courtroom to show the
judge that this is an important issue that real people care about.
* Contact your legislators about this issue. Let them know that the
questionably constitutional DMCA is being abused to threaten and
now even arrest and charge innocent academics and programmers. For
information on how to contact your legislators and other
government officials, see EFF's "Contacting Congress and Other
Policymakers" guide at:
http://www.eff.org/congress.html
* Join EFF! For membership information see:
http://www.eff.org/support/
_____________________________________________

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:
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:
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
[email protected]
+1 408-768-3649 (cell)

Alternate:
Jo Hastings
[email protected]
+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/
_____________________________________________

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.
________________________________________________________

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
[email protected]
+1 415 436 9333 x111

Robin Gross, EFF Staff Attorney - Intellectual Property
[email protected]
+1 415 436 9333 x112

- end -
_________________________________________________________________

Write a Letter-to-the-Editor to Help Free Dmitry!

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
_________________________________________________________________

EFF Welcomes Sklyarov Counsel

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,
[email protected],
+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/

- end -
_________________________________________________________________

NSI Supports Forcing All Domain Disputes to Virginia

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,
[email protected],
+1 734-332-4900

Cindy Cohn, EFF Legal Director,
[email protected],
+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/sc/heathmount/20010329_appellant_brief.html
or:
http://www.eff.org/sc/heathmount/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/sc/heathmount/ 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/

- end -
_________________________________________________________________

Donate your tax refund to the EFF!

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/
_________________________________________________________________

Join EFF in Fundraising Dinner with Ed Felten

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 [email protected] 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.
_________________________________________________________________

EFF Thanks Red Hat for Generous Software Donation

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.
_________________________________________________________________

Administrivia

EFFector is published by:

The Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
http://www.eff.org/

Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
[email protected]

To Join EFF online, or make an additional donation, go to:
http://www.eff.org/support/

Membership & donation queries: [email protected]
General EFF, legal, policy or online resources queries: [email protected]

Reproduction of this publication in electronic media is encouraged.
Signed articles do not necessarily represent the views of EFF. To
reproduce signed articles individually, please contact the authors for
their express permission. Press releases and EFF announcements &
articles may be reproduced individually at will.

To subscribe to EFFector via e-mail, send to [email protected] a
message BODY (not subject) of:
subscribe effector
The list server will send you a confirmation code and then add you to
a subscription list for EFFector (after you return the confirmation
code; instructions will be in the confirmation e-mail).

To unsubscribe, send a similar message body to the same address, like
so:
unsubscribe effector

(Please ask [email protected] to manually remove you from the list if
this does not work for you for some reason.)

To change your address, send both commands at once, one per line
(i.e., unsubscribe your old address, and subscribe your new address).

Back issues are available at:
http://www.eff.org/effector

To get the latest issue, send any message to
[email protected] (or [email protected]), and it will be mailed to
you automagically. You can also get, via the Web:
http://www.eff.org/pub/EFF/Newsletters/EFFector/current.html
_________________________________________________________________