November 29, 2001

Update on Russian programmer Dmitry Sklyarov case

Author: JT Smith

This is an update from the status conference for Dmitry Sklyarov and Elcomsoft held yesterday. As expected, the only issue discussed at the hearing was the setting of dates for pre-trial motions. The issues were divided into two categories: DMCA (possible claims are unconstitutionality including vagueness, First Amendment and lack of constitutional authority) and non-DMCA issues (possible issues are jurisdiction, a bill of particulars, and the conspiracy charge).

The non-DMCA dates are:

Jan. 14, 2002 the opening brief is due,
Feb. 11 the opposition (govt.) brief is due,
Feb. 25 Dmitry's reply brief is due,
March 4, 2002, hearing.

The DMCA dates are:

Jan. 28 the opening briefs and amici are due,
March 4 the opposition (govt) brief is due,
March 18 the reply brief is due
April 1 hearing

Assuming the case is not dismissed because of the motions, there will be a hearing to set a trial date on April 15.

More information on US v. Sklyarov:

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