ANARCHIST WEBMASTER SHERMAN AUSTIN SENTENCED TO ONE
YEAR IN FEDERAL PRISON FOR POSTING BOMB-MAKING INSTRUCTIONS
A 20-year-old anarchist whose web site included a
'protest guide' that contained instructions on how to make bombs was arrested
under powers in the USA Patriot Act and sentenced to a year in prison for the
felony of "distribution of information related to explosives with intent."
Austin had been arrested with other protesters at the World Economic Forum in New York in February 2002 on charges of disorderly conduct and unlawful assembly. While Austin was breaking the law in New York, federal charges were handed down against him in California on the bomb posting.
Austin admitted posting links about bombs to enable people to build and use them during demonstrations against interstate and foreign trade. His unlawful intent was thus established. He told FBI agents he wanted the Web site to teach people about police brutality, a nice non-sequitur noted by the Associated Press.
Austin told the judge he "wasn't really
thinking" when he created the Web site. "I'd be devastated if someone used this
information to harm others," he said. Observers were skeptical and predicted
that Austin will be unrepentant and strident when his probation ends in 2007.
Austin said he took a plea bargain because he feared his case was eligible for a
terrorism enhancement, which could have added 20 years to his sentence. The plea
deal had called for him to serve four months.
Austin, webmaster of RaisetheFist.com, was
sentenced August 4, 2003, to one year in federal prison, with three years of
probation. Judge Stephen Wilson rejected the recommendation of not only the
prosecution, but also of the FBI and the Justice Department, who had asked that
Austin be sentenced to 4 months in prison, and 4 months in a half-way house,
with 3 years of probation.
Austin's probation stipulates, among other things, that as a convicted felon
on a computer-related crime, (1) he cannot possess or access a computer of any
kind without prior approval of his probation officer, (2) if his probation
officer gives permission, the equipment is subject to monitoring and is subject
to search and seizure at any time, without notice, (3) he cannot alter any of
the software or hardware on any computer he uses, (4) he must surrender his
phone, DSL, electric, and satellite bills, (5) he cannot associate with any
person or group that "espouses physical force as a means of change," and (6) he
must pay over $2,000 in fines and restitution. Austin must surrender himself to
the Federal Bureau of Prisons by September 3, 2003.