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."

Comments

Tried in absentia?

[InterruptDescriptorT]

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>

Re:Tried in absentia?

[fenix down]

Hear, hear! Who better to settle our oldest constitutional debates than a monarchist fantasy author?

Excellent work, Holmes.

Re:good luck?

[unicron]

Quite the opposite in fact. Had they actually been allowed here, they would have been able to defend themselves and maybe create more attention for their case. I suppose it's good they won't be in a situation to face jail or stiff fines, but I wish they could've been allowed to have their voices heard in court.

So what?

[boola-boola]

Correct me if I'm wrong, but does it really matter? He doesn't live in the US (nor is he a citizen, IIRC), and even if he's found guilty, can we even do anything about it? I doubt anyone will make any significant effort to bring him to the US for punishment. Plus, I would hope his country would back him up and give him some sort of protection.

(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.)

constitutional issues

[JDizzy]

I wonder what leagal ramifications this means to Sklyarov? IT is said that if he testifies i the case, his charges will be dropped! So if this is a tactic to force him NOT to testify, then the charges will be reinstated in full, and with extra penalties.

"If, however, Alexander and Dmitry are unable to come to trial at all, we are likely to face a host of legal issues, including constitutional issues," says Serebryanaya. She deferred further speculation, citing a preference to "cross that bridge if we come to it."

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!

Re:Your tax dollars at work

[hazem]

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.

turn about is fair play?

[loners]

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".

Re:In Russia...

[goga]

> 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.

Re:OT: Irony

[VValdo]

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