Dmitry Sklyarov and the DMCA: 12 Months Later

Presented at DEF CON 10 (2002), Aug. 3, 2002, 3 p.m. (50 minutes)

Joe Burton will discuss the events that lead to Dmitry's arrest last July in Las Vegas for violating the DMCA. Joe will also discuss the legal issues surrounding the case, the current status of the criminal proceedings in California and some thoughts on the future of the DMCA. Joe has been one of the nation's leading critics of the aggressive civil and criminal application of the DMCA's anti-circumvention provisions. Bill Reilly will discuss how non-US software developers and others can avoid falling into US digital jurisdiction by analyzing how the Federal government brought charges against Dmitry. Joe and Bill will also discuss how the DMCA, the USA Patriot Act and other recent legal developments are increasing the liability for network administrators and network security specialists.


Presenters:

  • Joe Burton
    Joe Burton is a partner in the San Francisco office of Duane Morris LLP, a national law firm with approximately 500 lawyers. Joe is the defense counsel for ElcomSoft Co., Ltd., Dmitry Sklyarov's Russian employer. Joe also represented Dmitry in his initial court appearances last summer in Las Vegas and San Jose. Joe practices in the area of complex civil, criminal and appellate litigation. His practice includes trade secret and patent litigation with an emphasis in cybercrime and cybersecurity matters. Joe was also former chief of the U.S. District Attorney's office in San Jose, where he initiated and supervised all federal prosecutions in the San Jose venue, reporting directly to the United States Attorney in San Francisco.
  • William Reilly
    Bill Reilly is a California-based attorney who specializes in Network Security and Intellectual Property law. He is a GIAC-certified Advanced Incident Handling Analyst and author of numerous articles on network security law. He is also Managing Editor of the Journal of Internet Law and writing a network security law handbook for system administrators and CIOs.

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