FBI Lets Anarchist Web Geek Go Free

By James Middleton [18-02-2002]

The 18-year-old arrested by the FBI for content published on
his anarchist website was released without charge last week.

Sherman Martin Austin was released on 14 February after
charges against him were dropped.

He had previously been flown to Oklahoma Federal Prison, in
the custody of US marshals, after details about bomb making
techniques were posted on his anti-government site,
Raisethefist.com.

Austin has also admitted to hacking into a number of
websites to post anti-government messages.

An update on the Raise The Fist website, now back online,
reads: "Sherman was being held in 'high-security' federal
prison following his arrest on Feb. 2nd by the NYPD at the
WEF protests.

"He was held in Brooklyn Navy Yard jail for approx 30 hours
before being taken into a back room where he was
interrogated by FBI and Secret Service, and then released
with no charges. Within minutes he was then re-arrested by
the FBI."

Heavily armed FBI agents raided the home of the Los Angeles
geek on 2 February and confiscated computer equipment used
to run Raisethefist.com.

Apparently the offence of distributing bomb-making
information alone carries a statutory maximum of 20 years
imprisonment.

It is not yet known whether Austin will face charges in the
future. The FBI is said to be "still investigating the
matter".

According to Raise The Fist, no reason was given as to why
the FBI dropped the charges.

"He still has the sword of Damocles hanging over him. The
government arrested him out of the blue and then reversed
themselves out of the blue," Austin's lawyer Susan Tipograph
said.

"Who knows what they're going to do next?"

A second story follows below

Charges To Be Dropped Against Raisethefist.com Owner

by Brian McWilliams

Federal charges will be dropped against the teen-aged
operator of anti-government site Raisethefist.com, a
spokesperson for the U.S. attorney's office in central
California confirmed today.

Sherman Austin, 18, was arrested Feb. 2 in New York at a
demonstration against the World Economic Forum. He currently
is being held in a federal transfer detention center in
Oklahoma City, enroute to his home state of California.

"We have opted not to seek an indictment at this time. We
are continuing to investigatate the matter, but as of right
now, he's off the hook," said Thomas Mrozek, public affairs
officer for the U.S. attorney's office in Los Angeles.

A self-described anarchist, Austin was charged Feb. 4 with
violating U.S. Code title 18, section 842, which prohibits
the publication of information about making explosives. The
teen was also charged with possession of a Molotov cocktail,
which is considered an "unregistered firearm" by the FBI.

The case is seen by some as a test of First Amendment rights
on the Internet following the terrorist attacks on America
on and following Sept. 11.

In an interview with Newsbytes following the FBI raid last
month, Austin said he was being targeted for his
anti-government views and said, "If I go to jail, then I
will go to jail not based on my actions, but based on what I
think."

U.S. marshals accompanied Austin on a flight to Oklahoma
City on Wednesday, and he is expected to travel by air to
Los Angeles at some point in the near future, his attorney
Susan Tipograph said.

At a detention hearing Monday, Tipograph expressed concern
that Austin's transfer across the country would be delayed
and, having been branded a "terrorist" by prosecutors, he
might be in jeopardy.

"Based on my experience he will take the slow boat to
California. He will stop in county jails across the country,
and I am very concerned for his safety ... in terms of what
will happen to him in county jails in places like Oklahoma
City, where the people there have very good reason to be
concerned about terrorists," Tipograph stated, according to
a transcript of the hearing.

Oklahoma City was the site of a 1995 bombing of a federal
building that left 168 people dead. In June 1997, a jury
convicted Timothy McVeigh, who was executed by lethal
injection Jun. 11, 2001.

Tipograph said she received no reports that Austin had been
mistreated at the Oklahoma facility. During his nine-day
incarceration in Manhattan, Austin was permitted no phone
calls and only one shower and was kept in a poorly heated
cell with no access to reading materials, she said.

On Jan. 24, heavily armed federal agents executed a search
warrant at Austin's home in Sherman Oaks, Calif., and
confiscated several computers, as well as equipment the FBI
deemed was intended for making explosives.

According to prosecutors, the offense of distributing
bomb-making information alone carries a statutory maximum of
20 years imprisonment.

Austin is expected to be released after his return to
California, but he could still face similar or new charges,
Tipograph said.

"He still has the sword of Damocles hanging over him. The
government arrested him out of the blue and then reversed
themselves out of the blue," she said. "Who knows what
they're going to do next?"

In the interview with Newsbytes, Austin admitted to hacking
into several Web sites to post anti-government messages.

During the raid, federal agents confiscated equipment used
to operate Raisethefist.com. Tipograph said it was unlikely
the systems would be returned soon due to the ongoing
investigation.

Raisethefist.com has been unreachable since around Feb. 1.
The FBI has not directly acknowledged that it shut down the
site, but during Austin's detention hearing assistant US
attorney Victor Hou stated that the site was "was dismantled
by the FBI."

Hou noted that Austin's site contained threats to violently
disrupt the winter Olympics in Salt Lake City, and to harm
President Bush.

According to Hou, Austin's behavior following the search of
his home indicated that "his conduct is escalating" and that
"this wasn't a misguided youth. ... This was a man on a
mission."

Copies of affidavits and other documents on the case are
online at
http://www.cryptome.org

Reported by
Newsbytes