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Sherman Martin Austin (b. 1984) is an American anarchist who was the first American to be convicted under the Feinstein Amendment, which makes the distribution of information on explosives unlawful. He was webmaster of the internet site RaisetheFist.com before his arrest and imprisonment in 2002. His case has led some to question the validity of the Feinstein Amendment, the state of the First Amendment in the age of Terrorism and whether Austin's First Amendment rights were violated. He has put out a hip-hop CD since being released from prison.

FBI background

On May 1, 2001, the FBI received information about a possible server intrusion and defacement of the web site of the James Redford Institute for Transplant Awareness. The information contained on that web site's home page had been deleted and replaced with politically militant rhetoric. It also contained New World Order conspiracy theories posted by Mike Reilly, a member of the NEW World Order, and a credit of responsibility given to a group calling itself UCAUN (Underground Counteractive Assemblage Universal Network). Approximately 40 other websites had also been defaced by Mike Reilly with similar information, with UCAUN claiming responsibility within the defacement text. In addition, the coding for a number of these defaced sites contained links to RaisetheFist.com. Sherman Austin's online handle of IRC clients was compromised by an individual who signed on as Sherman Austin and made numerous threats against the US government. Sherman Austin's personal online handle for a number of IRC clients, including AIM Instant Messenger, was UCAUN.

Sherman Austin was not convicted of any alleged hacking crimes. The government fabricated evidence documented in the January 16, 2002 search warrant and affidavit issued by the FBI.Factcheck 4uwingnuts 16:51, 25 August 2007 (UTC)

The FBI did not indict Sherman Austin for any of the alleged crimes and the District Attorney concluded that Sherman Austin was Not responsible for hacking or defacing any web site.

Prosecution

Search and apprehension

On January 24, 2002 the FBI and the Secret Service armed with a search warrant raided Austin's home. Austin was 18-years-old and home with his twin sister, agents questioned him without an attorney for six hours and seized all of his computer equipment and political literature. A week later Austin attended the anti-World Economic Forum protests in New York City where he was arrested by the FBI for "distribution of information related to explosives or weapons of mass destruction".

Conviction

Austin has claimed that he never authored any information about explosives.

The prosecution along with Sherman's Federal Public Defender, Ronald O. Kaye, threatened Austin with a "terrorism enhancement" to the charge under the USA PATRIOT Act and, if the case went to trial and he was convicted of such, a potential 20 year sentence. Largely in response to the possibility of a several decades long sentence due to "Patriot" act, Sherman entered a guilty plea to violation of 18 U.S.C. 842(p) which makes it a crime to distribute bomb-making information knowing or intending that the information will be used for a violent crime. On August 4, 2003, he was sentenced in U.S. District Court by Judge Stephen V. Wilson to 12 months in a federal jail, a $2000 fine, three years probation, and as well as other restrictions. His time was served in a federal institution in Tucson, Arizona.

Release

Austin was released one month early in July 2004 with 3 years of probation which prohibits him from having access to a computer as well as knowingly associating with individuals who "espouse violence for political change".

In February 2006, Austin released a statement on Indymedia claiming that the National Security Agency had installed illegal wiretaps before and during the investigation against him.

Public opinion

Many Americans consider Austin a political prisoner. Since his arrest, Austin has become a cause célèbre on the internet for anarchists, with many sites dedicated to freeing Austin. Zack de la Rocha, lead vocalist of the band Rage Against the Machine, came out in support of Austin.

Carnegie Mellon University professor David S. Touretzky, who posted a mirror of the Reclaim Guide on his web site in reaction to the FBI raid on Austin, has not been charged or arrested. Touretzky has distanced himself from Austin's politics, which he characterizes as "mindless", and has dismissed the Reclaim Guide as amateurish. He points out that books like Home Workshop Explosives, which offer more detailed information about making explosives than that linked to by Austin, are sold on the popular website Amazon.com.

Touretzky also points out the frailty of the law in which Austin was convicted. Austin was convicted under Title 18, United States Code, Section 842. Which states:

"It shall be unlawful for any person— to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence"

Touretzky says the law, which is also known as the Feinstein Amendment because it was authored by California Senator Dianne Feinstein, is so vague to the point that virtually anyone could be prosecuted under the Feinstein Amendment. As previously mentioned, he cites the fact that there is more detailed information about explosives on the internet (which can be found on Amazon.com) and at a public library. Thus Austin's case raises questions about the First Amendment in the age of Terrorism, and whether Austin's First Amendment rights were violated.

References

1. Kendrick, Leslie (2005). "A Test for Criminally Instructional Speech". Virginia Law Review. Vol. 91 (No. 8): 1973–2021. {{cite journal}}: |issue= has extra text (help); |volume= has extra text (help); Cite has empty unknown parameters: |laydate=, |laysource=, |quotes=, |laysummary=, and |coauthors= (help); Unknown parameter |month= ignored (help)
2. USA v. Sherman Martin Austin - Search Warrant and Affidavit
3. USA v. Sherman Martin Austin - Search Warrant and Affidavit
4. http://www.democracynow.org/article.pl?sid=03/09/03/1442239
5. US CODE: Title 18.844. Penalties
6. Secret NSA surveillance and the case of Sherman Austin
7. http://youtube.com/watch?v=5UG_9YaZXtg

External links

• Sherman Austin's MySpace page
• Sherman Austin music site
• Sherman Austin's last fm page
• raisethefist.com
• freesherman.org
• Senator Feinstein Urges Department of Justice to Aggressively Enforce Bombmaking Statute September 3, 2003
• Chowkwanyun, Merlin (2003-10-11). "A Strange and Tragic Legal Journey: The Case of Sherman Martin Austin". Counterpunch.
• What the FBI Doesn't Want You to See at RaisetheFist.com by Prof. Touretzky
• "Anarchist Webmaster Begins Year in Jail for Inflammatory Website", The Indypendent, September 9, 2003

• 1984 births
• African Americans
• American activists
• American anarchists
• American criminals
• Living people