Date: Tue, 24 Jul 2001 14:28:07 -0400
From: freematt@coil.com (Matthew Gaylor)
Subject: Free Dmitry
To: freematt@coil.com (Matthew Gaylor)


Date: Tue, 24 Jul 2001 11:26:26 -0400
From: Declan McCullagh <declan@well.com>
Subject: FC: Feds have not dropped charges; "Free Dmitry" website defacements
Cc: jericho@attrition.org, ethics@ethics.org
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Politech archive on U.S. v. Sklyarov:
http://www.politechbot.com/cgi-bin/politech.cgi?name=sklyarov



http://www.wired.com/news/politics/0,1283,45484,00.html

    Sklyarov Release in Fed's Hands
    By Declan McCullagh (declan@wired.com)

    2:00 a.m. July 24, 2001 PDT
    WASHINGTON -- America's geeks want Dmitry freed.

    Hundreds of hackers, programmers and system administrators decamped
    from their cubicles on Monday and took to the streets to argue, in
    dozens of different ways, that Dmitry Sklyarov should not be in jail
    for creating code-breaking software.

    Some geekavists, who turned out in at least 10 cities, targeted FBI
    and Justice Department offices. The largest crowd, with about 100
    demonstrators, marched on the San Jose headquarters of Adobe Systems,
    whose copy protection scheme Sklyarov has been charged with
    penetrating.

    Adding additional drama to the day was a high-stakes meeting taking
    place inside Adobe's headquarters while protesters outside were
    chanting "Code is speech" and "Hey, hey, ho ho, DMCA has got to go."
    Board members of the Electronic Frontier Foundation, which has taken
    up Sklyarov's cause, were meeting behind closed doors with Adobe to
    try to broker a deal that would let the 27-year-old Russian avoid a
    trial.

    It seemed to work. After over two hours of tense talks that began at
    11 a.m. PDT, Adobe and EFF negotiators struck a deal: Adobe would
    agree to recommend Sklyarov's release.

    [...]

    But what happens next is unclear -- and victory celebrations may be
    premature.

    Since this is a criminal matter and not a civil suit, Adobe's abrupt
    reversal doesn't automatically get Sklyarov out of jail. That requires
    the U.S. Attorney's office in San Francisco, which filed charges
    against Sklyarov earlier this month, to abandon the prosecution.

    "The only thing I can tell you is that this is a criminal matter
    brought by the Uited States against the defendant, and Adobe is not a
    party to that action," says Matt Jacobs, an assistant U.S. attorney in
    the San Francisco office.

    "If they back off, it will not be because Adobe has changed its mind,"
    says Andrew Grosso, a former assistant U.S. attorney who's now a
    lawyer in private practice. "If they back off, it will be because
    politically the people in the U.S. Attorney's office who are handling
    this feel they are unacceptably exposed and therefore have dcided not
    to go forward."

    Grosso is active in the Association for Computing Machinery and has
    criticized the DMCA. But he admits that federal prosecutors like to be
    the first to try cases under new laws, and proudly says that he was
    the first prosecutor to use money laundering laws to gain a conviction
    in a white-collar case.

    [...]




Date: Tue, 24 Jul 2001 08:38:55 -0600 (MDT)
From: security curmudgeon <jericho@attrition.org>
Subject: Unethical defacement of "ethics.org"

On July 20, 2001, a (presumably) Russian defacer known as 'RyDen'
compromised the machine hosting "ethics.org", the "Ethics Resource
Center".

Given the unethical nature of defacing web pages, the act alone had a bit
of irony to it. More interesting this time was the content of the
defacement. Instead of the usual crap seen from most defacers, RyDen chose
to replace their page with a "Free Dmitry" message, in reference to the
recently jailed software programmer Dmitry Sklyarov, who was detained
shortly before returning home after attending Defcon (www.defcon.org).
More ironic is the ethical considerations of the set of events surrounding
Sklyarov, Adobe and the FBI.

Russian Adobe Hacker Busted
http://www.wired.com/news/politics/0,1283,45298,00.html

FBI becomes Copyright '911'
http://www.theregister.co.uk/content/55/20548.html

This defacement was part of a 'mass hack' in which RyDen defaced 18
domains. A copy of the defacement can be seen courtesy of the SafeMode
mirror:

http://www.safemode.org/mirror/2001/07/20/www.patientcard.net/





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###
Date:         Tue, 24 Jul 2001 12:38:53 -0700
From: John Young <jya@PIPELINE.COM>
Subject:      Re: Development in Sklyarov case?


I don't really have time to work on this, what with the imperatives
of sloth and indifference, self-loathing and lusts of descipience.

Still, why would DoJ want to drop charges against Dmitry
in the light of these reasons to prosecute under the DMCA:

1. DoJ joined as 3rd party in the MPAA v. 2600 case, and is
aggressively arguing the validity of the DMCA.

2. Ashcroft has announced a new cybercrime initiative in
the very district of the Sklyarov case.

3. The candidate for the head of FBI has built his reputation
in part on fighting cybercrime and intellectual property
cases, again in the district of the Sklyarov case.

4. Russia is a prominent source of cyber-cracking and
-disruption tools, and a potential competitor if not enemy
of US dominance of the cyber industry (and, not
insignficantly, cyberwarfare).

5. Information terrorism is now listed with NBC terrorism
as a major threat to the US homeland.

6. The USG wants to encourage industry to report ts
security problems without fear of being singled out as
inept. The administration's charge that cybercrime
amounts to a $300 billion (yes, billion) loss is not to
be dismissed with plea bargains for miscreants, not
when preventative examples are needed.

7. The ongoing struggle between technologists and
lawyers for information security supremacy is apt to
be decided in the fora where lawyers prevail not in
the research laboratories -- as set forth in DMCA,
and as set forth in salaries in corporate-world.

8. Black hats need to be remined they are going to
be a continuing target wherever they hold their
conferences -- Defcon should expect an arrest every
event, as probably should Usenix, so long as researchers
brazenly taunt law enforcers.

9. Reporting law breaking in cyberland is the norm among
ISP legal departments as with corporate legal departments.
Adobe is hardly alone in ratting to the feds and according
to DoJ announcements all corporations are urged to do
the same.



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