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Sklyarov Denied Visa to Return to U.S. for Trial
Kurt Foss writes "Visa applications for Alexander Katalov and Dmitry Sklyarov of ElcomSoft were recently denied by the American Embassy in Moscow, jeopardizing their return to the U.S. in time for
the company to face criminal charges for allegedly violating
the Digital Millennium Copyright Act (DMCA) last year. The
already rescheduled trial is presently set to begin in the
U.S. District Court of Northern California on October 21."
Sounds like a stroke of good luck?
Indecision is the key to flexibility.
What would happen if they aren't able to be issued visas in time? Would it be constitutionally valid to try someone in absentia? The case going on in Philadelphia right now (can't remember his name right now, sorry) is interesting in that French authorities refused to extradite the defendant to the US because his original trial was held, and he was convicted, in absentia. This apparently contravened the European Convention of Human Rights, and the US had to agree to retry him before France would agree to the extradition. I wonder if there are any UN treaties that both Russia and the US would be a party of that might prevent poor Skylarov from more machinations of the US justice system.
Anyway, it's not like the US would ever send people into another country to kidnap someone whom they wanted to put on trial... Nah, that would never happen. </sarcasm>
Karma: Excellent Birds (mostly as a result of listening to Laurie Anderson)
(I'm sick of this DMCA nonsense. Can't we get that sh*t revised? Oh wait, the general public can't afford lobbyists so therefore our opinion doesn't count.)
It is also said that the US State Dept. has no legal recource for refusing a visa, as in the Justice dept has no leverage with them to do anything. So thins might be Powell's way of asserting a forced verdict in this case. This might also set a precendence in the world-wide court, if we USA folks can procescute outsiders, yet we refuse these bad folks entry, what is the point? Guilty without trial?
Doesn't seem fair to me!
It isn't a lie if you belive it.
It's probably better to have the different parts of the government working at odds. Sure, it's not very efficient, but do you really want a government that has the IRS, the DMCA, and Ashcroft working really efficiently?
We'd have no rights in no time!
No - I'd rather pay for less efficient government.
This guy and I used to have conversations about the USSR during the early 80s, wondering if we could ever tell if the picture we were given of the US/USSR situation wasn't actually the reverse of what most USians believed; USSR being "free" and the US being the tyrannical dicatatorship.
It creeped me out a little thinking that maybe it was all a vast conspiracy.
First, that four letter acronym was on porpoise, merely to give a humourous light to the situation.
Second, if you think the RIAA, MPAA, MS, etc have no stake in this trial, think again. Circumvention of digitally encrypted information is what this trial is about. Without DRM, copy protection, and protection under the law, the economic forecast for those organizations looks dim without the protection the DMCA gives them. Any encryption scheme where the key is given along with the data can be broken (CSS), and a simple substitution algorithm (Adobe) can be broken, so long as people are allowed to distribute the method.
Third, it's not like I just crawled out of my cave after the Y2K 'incident'. Most people who have been reading /. for 4 or so years have heard far too much about this case.
"History doesn't repeat itself, but it does rhyme." Mark Twain
This guy and I used to have conversations about the USSR during the early 80s, wondering if we could ever tell if the picture we were given of the US/USSR situation wasn't actually the reverse of what most USians believed; USSR being "free" and the US being the tyrannical dicatatorship.
I visited the USSR in the early 80s and I can assure you that your speculations were quite unfounded.
If you are not convinced, I suggest a trip to North Korea before it falls apart.
Tor
Because otherwise there would be no incentive for people to show up to court..
Effectivly they'd be assumed to be guilty then?
If I'm not mistaken (and I'm not expert on legal things) if you're arrested and charged you're only allowed to go free before trial if bail is granted, and skipping bail is an offence?
But of course bail is only granted if its deemed unlikely that the defendant will skip bail...?
You have to wonder what was put on the visa application.
"Reason for application: So I can defend myself against one of your crappy laws."
Hijackers can get visas no problem, like the 9-11 ones did. Yet DMCA "violators" are denied Visas to defend themselves in court?
Well, it's great to see the US bureaucrats have their priorities straight.....
Russia wont hand them over until the USA hands over FBI Agent Michael Schuler who was indicted for hacking into russian computers. After the US judge basically ruled that it is not a crime for US agents to commit a crime somewhere else, dont count on russia or the USA ever "swapping prisoners".
I am not entirely certain about this, but the only rational explanation I can conceive for these questions is that it is easier for the US to deport someone who lies on their visa application. So, if they later find out that you are a terrorist/smuggler/spy/communist/liberal/Canadian/ etc., immigration can just kick you out for lying on the visa form rather than having to haul you before a court.
Alternatively, perhaps the INS is just a bit naive.
flossie
Write now. Defend liberty
Not granting them visas is an easy way to push confrontation off for awhile.
1;
If my kid gets home after curfue I don't care that he got held up at the train tracks and I sure don't expect the train conductor to do his job any differently because of him.
So you kid is on his way home, does the right thing and heads off with plenty of time to catch the train home, and then finds that the train aren't running, and you wouldn't cut s/he any slack? I hope thats not what you saying.
Say the trains are stuffed up, and the conductor has shut the doors, but the train hasn't pulled out yet. You kid is standing outside a train that will get s/he home on time, but the doors are shut. You don't think the conductor could do what I think is the right thing and leave the doors open until the train is ready to go? Expecialy if asked? "Please sir, If I don't get this train I'm going to miss my curfue and my dad is going to hit the roof. Can you open the doors for me?"
Democracy isn't about no one telling you what to do. It's about everyone telling you what to do.
> I visited the USSR in the early 80s and I can assure you that your
> speculations were quite unfounded.
> If you are not convinced, I suggest a trip to North Korea before it
> falls apart.
Sorry man. I didn't VISIT the USSR in the early 80s -- i lived there. I still live in Russia.
I have lived a year in America, too, so I am able to compare.
The USSR in the 80s, while not a democracy by any means,
was _very_ far from the insanity that was and is North Korea. You know, we used to make jokes about Kim Il Sung and the "Free Korea" magazine
back in 1983.
Life in Russia in the 70s and 80s was probably closer to life in
America than in North Korea. That still does not mean it was "normal" by Western
standards, of course.
Prime numbers are exactly what Alan Greenspan says they are -S. Minsky
No, it just means that they tell the applicant the reason, not joe-blow-random-press. Sklyarov and Katalov should have been told, if they're willing to share.
Another non-functioning site was "uncertainty.microsoft.com."
The purpose of that site was not known.
While I'm too young to remember the 70s. Life in in the 80s certiabnly wasnt anyhting like in the US. Maybe if you were living in Moscow. But not here in Novosibirsk.
US-UK-Israel: The real Axis of Evil
True irony [dictionary.com] is perhaps the highest form of humour.
Since fifth grade I've been hearing this bizarre heirarchy of humor, with puns and/or slapstick most frequently cited as the LOWEST forms.
What the hell? Are people so insecure/arrogant about their sense of what's funny that they have to actually rank them? To what authority does this appeal? Is there some consortium of comedians or something that releases a yearly report on the latest comedic standings?
(funny answers are appreciated)
W
-------------------
This is my SIG. There are many like it, but this one is mine.
yeah, I've been there, when I applied for a student visa for my second trip to the US...
I had paperwork in hand from the university that I was planning to attend.. It even stated that I was officially accepted. So, after all paperwork crap was filled out, the bitch at the embassy's visa counter denied me entry for a bullshit reason (I think she made it up on the fly) - my tuition was approx. $14,800 a year, so I had to show proof that I had $15,000 x 4 years (bachelors degree) = $60,000 in cash or in a bank account or whatever... I NEVER heard of such a rule. Who in the right mind would pay for 4 years of college up front unless they have nothing better to do with their money?
They did eventually let me in... By a stroke of luck, the last immigration counselor I talked to, graduated from the same school that I was about to start at.
So my point is... They could've denied these guys entry for any reason. Their default policy is to NOT LET ANYONE IN. I personally know of at least a dozen people that had similar problems in that same embassy...
--- sig moved for great justice.
There is a possibly that Dimitry finds himself in prison (a cost to the public purse). Under these grounds, State may refuse the visa.
I don't work for the gov, but a friend works at a US consulate in the visa department.
Ironically, unconvicted Russian Mafya goons, prostitutes and Islamic terrorists have no problems getting visas.
Looks like the gub'mint just does't want the DCMA to face a court test, at least not with a judge who has already expressed doubts of it's validity.
I'm an American. I love this country and the freedoms that we used to have.