Sherman Martin Austin (born April 10, 1983) is an American
anarchist
Anarchism is a political philosophy and movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including, though not neces ...
and musician who was arrested for inflammatory content on his website and subsequently convicted. He was the first person to be successfully prosecuted under
18 U.S.C. 842(p), a United States federal law which makes the distribution of information on explosives unlawful if the information is provided with the knowledge or
intent
Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ...
that the information will be used to commit a violent federal crime.
[The relevant text of the statute reads as follows:
"(2) Prohibition.— It shall be unlawful for any person— (A) to teach or demonstrate the making or use of an explosive, a destructive device, or a ]weapon of mass destruction
A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natura ...
, 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; or
(B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, 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, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence.
US Code: Title 18,842. Unlawful Acts
/ref> Austin was convicted under a plea agreement in 2002 and served a one-year sentence in federal prison. Some academics and activists, including Zack de la Rocha
Zacharias Manuel de la Rocha (born January 12, 1970) is an American musician, singer, songwriter, rapper, and political activist. He is best known as the vocalist and lyricist of the rock band Rage Against the Machine. Through both Rage Against ...
of Rage Against the Machine
Rage Against the Machine (often abbreviated as RATM or shortened to simply Rage) is an American rock band from Los Angeles, California. Formed in 1991, the group consists of vocalist Zack de la Rocha, bassist and backing vocalist Tim Commerfor ...
, protested the prosecution of Austin.
Investigation, conviction and imprisonment
Background
Prior to his arrest and imprisonment, Austin was webmaster
A webmaster is a person responsible for maintaining one or more websites. The title may refer to web architects, web developers, site authors, website administrators, website owners, website coordinators, or website publishers.
The duties of ...
of the Internet site RaisetheFist.com (subtitled "National Security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
is the Threat"), which provides a platform for discussion for anti-police activists, and provides suggestions on how to practice for possible armed combat with police.
On May 1, 2001, the FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
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
The English word ''militant'' is both an adjective and a noun, and it is generally used to mean vigorously active, combative and/or aggressive, especially in support of a cause, as in "militant reformers". It comes from the 15th century Latin " ...
rhetoric. In addition, the coding for this and a number of other defaced sites contained links to RaisetheFist.com, while responsibility was claimed by a group calling itself "UCAUN", which was Sherman Austin's personal online username
A user is a person who utilizes a computer or Computer network, network Service (systems architecture), service.
A user often has a user account and is identified to the system by a username (or user name). Other terms for username includ ...
for a number of IRC clients, including AIM Instant Messenger.[USA v. Sherman Martin Austin — Search Warrant and Affidavit](_blank)
/ref>
Conviction
On August 4, 2003, after entering a guilty plea under an agreement with the prosecutor, Austin was sentenced in U.S. District Court by Judge Stephen V. Wilson to 12 months in a federal jail, a $2000 fine, and three years probation, and as well as other restrictions. His time was served in a federal institution in Tucson, Arizona
, "(at the) base of the black ill
, nicknames = "The Old Pueblo", "Optics Valley", "America's biggest small town"
, image_map =
, mapsize = 260px
, map_caption = Interactive map ...
.
Austin has claimed that he never authored the explosives information, although he freely hosted it on his webserver. He says he took the plea deal because of the possibility of a 20-year sentence due to a "terrorism enhancement" clause in the USA Patriot Act.
Austin was not indicted for any alleged hacking crimes. However, he has acknowledged defacing the sites, saying it was necessary to get his message out.
Release
Austin was released one month early in July 2004 with 3 years of probation which prohibited him from having access to a computer or knowingly associating with individuals who "espouse violence for political change".
Following his release from prison, he released a hip-hop CD, ''Silence is Defeat''.
In February 2006, Austin released a statement on Indymedia
The Independent Media Center, better known as Indymedia, is an open publishing network of activist journalist collectives that report on political and social issues. Following beginnings during the 1999 Carnival Against Capital and 1999 Seatt ...
containing claims that the National Security Agency
The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collecti ...
had installed illegal wiretaps before and during the investigation against him, and that the NSA, along with "other higher-ups in the government", arranged three separate attempts to assassinate him. Austin says that anonymous informants provided him with "some detail on who was serving the contracts, names, license plate numbers, etc", by anonymous informants, and that these informants also assured him that everything was being taken care of and he was being "looked out for".
Criticism of Austin's prosecution
Some have questioned whether Austin's trial was fair. Austin's supporters consider him a political prisoner
A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention.
There is no internationally recognized legal definition of the concept, although n ...
.
Since his arrest, Austin has become a cause célèbre
A cause célèbre (,''Collins English Dictionary – Complete and Unabridged'', 12th Edition, 2014. S.v. "cause célèbre". Retrieved November 30, 2018 from https://www.thefreedictionary.com/cause+c%c3%a9l%c3%a8bre ,''Random House Kernerman Webs ...
on the internet, with many sites dedicated to freeing Austin. Zack de la Rocha
Zacharias Manuel de la Rocha (born January 12, 1970) is an American musician, singer, songwriter, rapper, and political activist. He is best known as the vocalist and lyricist of the rock band Rage Against the Machine. Through both Rage Against ...
, lead vocalist of the band Rage Against the Machine
Rage Against the Machine (often abbreviated as RATM or shortened to simply Rage) is an American rock band from Los Angeles, California. Formed in 1991, the group consists of vocalist Zack de la Rocha, bassist and backing vocalist Tim Commerfor ...
, came out in support of Austin,YouTube – Zack de la Rocha
/ref> and other musicians and bands, including Far East Movement and Death to W, supported Austin as well by having a benefit show at the Ché Café
The Ché Café is a worker co-operative, social center, and live music venue located on the University of California San Diego campus in La Jolla, California, USA. Zack de la Rocha described the Ché Café as "A place that is not only a great ve ...
in San Diego, CA.
Leslie Kendrick, arguing for the adoption of a standard for determining whether speech is "criminally instructive," has questioned whether Austin's sentence was fair given the available evidence. As she notes, the law protects both (a) speech that is intended to incite a violent crime, but is not actually likely to do so, and (b) speech that is likely to incite a violent crime, but is not actually intended to do so. The Department of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
prosecutor recommended a sentence of four months in jail and four months in a halfway house, but the judge rejected that plea twice and ordered a twelve-month sentence in jail, saying the prosecution was not "taking this case seriously enough." Writing of Austin, Kendrick says, "Too little information is available to make a complete assessment either of Austin's intent or the likely use of his website by others.… Judge Wilson's difference of opinion with the Justice Department prosecutor (the very agency that had contributed to the drafting of the Feinstein Amendment) illustrates the degree of subjectivity involved in assessing the danger imposed by the activities of individuals like im"
Carnegie Mellon University professor David S. Touretzky
David S. Touretzky is a research professor in the Computer Science Department and the Center for the Neural Basis of Cognition at Carnegie Mellon University. He received a BA in Computer Science at Rutgers University in 1978, and earned a master's ...
posted a mirror of the ''Reclaim Guide'' on his Web site in reaction to the FBI raid on Austin, in order to prompt public debate. As Touretzky notes on his website, his own distribution of the material does not violate the statute because it is not performed with the intention or knowledge that the information be used to commit any illegal violent acts. On his website, Touretzky distances himself from Austin's politics, which he characterizes as "mindless," and suggests that the hacking evidence alone would be enough to arrest and charge Austin. But he is deeply troubled by the way the government handled the case:
"Did the amateurish bomb-making information, written by a minor, that Mr. Austin allowed to appear on his web site pose any significant threat to public safety? Did he personally intend to promote crimes of violence? Because he was coerced (with the threat of a possible 20 year 'terrorism enhancement') into signing a plea agreement, the government was spared the trouble of a public trial, and thus did not have to prove its case or enter its evidence against him into the public record. How then can we, the American people, judge whether our government acted reasonably in this matter?"[Prof. Tourtetzky's Web site](_blank)
/ref>
See also
* Internet censorship in the United States
Internet censorship in the United States is the suppression of information published or viewed on the Internet in the United States. The First Amendment of the United States Constitution protects freedom of speech and expression against federal, st ...
* Nanny state
Nanny state is a term of British origin that conveys a view that a government or its policies are overprotective or interfering unduly with personal choice. The term likens such a government to the role that a nanny has in child rearing. An early ...
References
{{DEFAULTSORT:Austin, Sherman
1983 births
African-American musicians
American anarchists
American male criminals
Living people