Zedicus
August 21, 2003, 08:15 PM
http://www.eff.org/br/20030807_eff_pr.php
Activist Gets Year in Jail for Hosting, Link to Bomb Info
Electronic Frontier Foundation: Sentence Doesn't Match Crime
Electronic Frontier Foundation Media Release
San Francisco - The Electronic Frontier Foundation (EFF) today criticized the sentencing on August 4 of political activist Sherman Austin to one year in jail for hosting a website describing bomb-making and for linking from his RaiseTheFist.com website to that website.
U.S. District Judge Stephen Wilson sentenced Austin to triple the sentence term the prosecutor had recommended under a binding plea bargain agreement, along with three years of probation. He faces strict restrictions and monitoring of his use of computers, a $2,000 fine for restitution, and a prohibition from associating with any person or group that "espouses violence or physical force as means of intimidation, or achieving economic, social, or political change."
"Although settled with a plea bargain, Sherman Austin's jail sentence for distributing bomb-making information raises serious First Amendment questions," said EFF Senior Staff Attorney Lee Tien. "Leaving aside the question of the constitutionality of the bomb-making information distribution law, a year in jail and the onerous probation conditions Austin now faces are out of sync with the character of the alleged crime."
Although information on how to make bombs is commonly available in libraries, universities, and on the Internet, the U.S. Justice Department charged Austin under a law sponsored by Senator Dianne Feinstein (D-CA) and passed by Congress that prohibits "distribution of information relating to explosives, destructive devices, and weapons of mass destruction with the intent that such information be used in furtherance of a federal crime of violence." A charge related to possession of the components of a Molotov cocktail was dropped as part of the plea bargain agreement.
Austin, who took a plea bargain rather than face a potential 20 years in jail due to enhanced terrorism penalties, said yesterday he intends to surrender to the authorities on September 3 to begin serving his prison sentence.
Finiswine is at it again....
Can Anyone say "Made an Example of for PR Value?":fire:
Activist Gets Year in Jail for Hosting, Link to Bomb Info
Electronic Frontier Foundation: Sentence Doesn't Match Crime
Electronic Frontier Foundation Media Release
San Francisco - The Electronic Frontier Foundation (EFF) today criticized the sentencing on August 4 of political activist Sherman Austin to one year in jail for hosting a website describing bomb-making and for linking from his RaiseTheFist.com website to that website.
U.S. District Judge Stephen Wilson sentenced Austin to triple the sentence term the prosecutor had recommended under a binding plea bargain agreement, along with three years of probation. He faces strict restrictions and monitoring of his use of computers, a $2,000 fine for restitution, and a prohibition from associating with any person or group that "espouses violence or physical force as means of intimidation, or achieving economic, social, or political change."
"Although settled with a plea bargain, Sherman Austin's jail sentence for distributing bomb-making information raises serious First Amendment questions," said EFF Senior Staff Attorney Lee Tien. "Leaving aside the question of the constitutionality of the bomb-making information distribution law, a year in jail and the onerous probation conditions Austin now faces are out of sync with the character of the alleged crime."
Although information on how to make bombs is commonly available in libraries, universities, and on the Internet, the U.S. Justice Department charged Austin under a law sponsored by Senator Dianne Feinstein (D-CA) and passed by Congress that prohibits "distribution of information relating to explosives, destructive devices, and weapons of mass destruction with the intent that such information be used in furtherance of a federal crime of violence." A charge related to possession of the components of a Molotov cocktail was dropped as part of the plea bargain agreement.
Austin, who took a plea bargain rather than face a potential 20 years in jail due to enhanced terrorism penalties, said yesterday he intends to surrender to the authorities on September 3 to begin serving his prison sentence.
Finiswine is at it again....
Can Anyone say "Made an Example of for PR Value?":fire: