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Sherman Austin
Born (1983-04-10) April 10, 1983 (age 41)
Known for activism

Sherman Martin Austin (born April 10, 1983) is an American anarchist 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 that the information will be used to commit a violent federal crime. 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 of Rage Against the Machine, protested the prosecution of Austin.

Investigation, conviction and imprisonment

Background

Prior to his arrest and imprisonment, Austin was webmaster of the Internet site RaisetheFist.com (subtitled "National Security 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 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. 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 for a number of IRC clients, including AIM Instant Messenger.

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.

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 containing claims that the National Security Agency 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".

See also

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