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#FreeRoss

Ladies and Gentlemen of the Court,

I stand before you on behalf of my client, Ross Ulbricht, who is currently serving a double life sentence plus forty years without the possibility of parole. I argue that this sentence is not only unreasonably harsh but also unjust, and I request that the court consider its reconsideration.

Firstly, it is important to underscore that Mr. Ulbricht was convicted on non-violent charges, primarily for creating and operating the Silk Road website. While the website was indeed used for illegal transactions, it is crucial to distinguish between the actions of the users on the site and the actions of Mr. Ulbricht himself.

In the case of Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), the Supreme Court ruled that the mere provision of a product or service that can be used for illegal purposes does not make the provider liable for those illegal acts, unless it can be proven that the provider had specific intent to facilitate those violations. In Mr. Ulbricht's case, there is no concrete evidence that he intended to specifically facilitate the illegal transactions undertaken by users of Silk Road.

Secondly, I would like to bring attention to the Fourth Amendment, which protects citizens from unreasonable searches and seizures. The investigation leading to Mr. Ulbricht's arrest involved questionable techniques, including the possible violation of the Fourth Amendment. The FBI's access to the Silk Road servers, which were located in a foreign country, was done without a warrant, potentially violating Mr. Ulbricht's rights.

Thirdly, it is essential to note the disproportionate sentencing in this case. The Eighth Amendment of the Constitution prohibits cruel and unusual punishments. In comparison to other cases involving similar charges, Mr. Ulbricht's sentence is unusually severe. In the case of United States v. Faiella, 39 F. Supp. 3d 544 (S.D.N.Y. 2014), the defendant, who was directly involved in illegal Bitcoin transactions, received a lighter sentence than Mr. Ulbricht.

In light of these considerations, I implore the court to reconsider the sentence imposed on Mr. Ulbricht. The precedent set by his punishment has serious implications for digital privacy, internet freedom, and the principle of proportionality in sentencing. We ask for a fair application of justice, taking into account the non-violent nature of the crimes, the potential violation of Mr. Ulbricht's Fourth Amendment rights, and the severity of his sentence compared to similar cases.

Thank you for your consideration.