Re: More ethics...
Who should determine the rights
of, say, French citizens? The French government or Adobe?
Regardless of Sklyarov's and Elcomsoft's guilt or innocence, this is an issue of some concern for non-Americans like me - and brings the discussion back to something relevant to this list.
The United States' law agencies have a history of thinking that American law overrides the laws of other countries; for example, in the past, they have attempted to fine and inconvenience Canadian executives who do business with Cuba -something that is perfectly legal in Canada. And would an American be moved around as much as Sklyarov was, making legal counsel or other aid more difficult to reach him? In other words, as a non-American, would you have any civil rights if you found yourself in Sklyarov's situation?
As a high-tech worker, I'm concerned about whether I could ever be treated the same way when I visit the United States. Sklyarov seems to have largely been a target of opportunity; if he's guilty, then going after him is like arresting someone who deals drugs on the street to end the supply of drugs. Why not pursue Elcomsoft through the courts, or go after the CEO instead? I can't help wondering if I could ever be treated as a scapegoat for a company in the same way. If I were to document or market a product that contravened American law, but were legal in Canada, I wonder if I could also be arrested if I visited the States. What if I had nothing to do with the product beyond working for a company who produced the product? Military work, cryptography and on-line gambling are just three areas of work that might make me or any other non-American vulnerable. As a frequent visitor to the US, should I therefore select my contracts to ensure that they don't contravene American law? To the best of my knowledge, I don't believe that I ever have been involved in any work that might cause me trouble, but why should I have to keep up to date on American laws or curtail visiting the US simply because its law enforcement agencies think that its laws take precedence the rest of the world's?
I'm not the only one to feel this way. Alan Cox, the Linux kernel strawboss, has publicly expressed similar sentiments, and so have many other high-tech workers. Many Americans tend to think these concerns are unimportant, but they're of real concern to non-Americans - even to citizens of supposedly allied countries - if only because the area is so full of uncertainties and ominous precedents.
--
Bruce Byfield 604.421.7177 bbyfield -at- axionet -dot- com
"At poolside picnics they chant for Ferraris and furs
Their muscle tone sharpens but their hold on reality blurs
You can have your cake and eat it, & never have to puke up a thing,
Jerusalem on the jukebox, little angels beat your wings."
-Richard Thompson, "Jerusalem on the Jukebox"
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