On Monday, the U.S. government dropped its charges against Aaron Swartz following his suicide. Swartz was charged in 2011 with illegally downloading 4.8 million academic papers from the digital database JSTOR over MIT's network using fake credentials.

For that, Swartz faced up to 35 years in prison and up to $1 million in fines.

Since he died before the case went to trial, the feds dismissed the case according to standard procedure.

Swartz has been fondly remembered as a brilliant programmer, activist, leader and folk hero, not to mention a beloved human being. But in considering the crimes with which he was charged, try to leave aside the many things that made Swartz exceptional. He was simply a citizen of a country proud of its freedom of information.

If Swartz did what he was accused of doing, he committed a crime. But that crime was essentially victimless. No profits or royalties or other material value is destroyed by the theft of academic articles. Yes, it would be against the law of the land. But what is the appropriate punishment for this crime?

A Victimless Crime

As Lawrence Lessig points out, JSTOR itself decided it was appropriate not to pursue any charges. It asked the feds to drop the case. Then it gradually opened its stance on freedom of information, opening its public-domain articles to anyone. It also created a test program giving access to 4.5 million articles — a trove nearly as large as the one Swartz was charged with stealing — available to anyone who signs up for a free account.

While it's not fair to speculate about Swartz's motivations to commit the alleged crime, he was certainly known as a champion of free and open access to information of this sort. While JSTOR is a closed database, a privilege of the academy, it has come around to some of these ideas in recent years.

And yet MIT, the institution through which the files were downloaded, took a harder line against it, and U.S. attorney Carmen M. Ortiz continued her prosecution of Swartz, aiming to lock him away for most of his life and ruin him financially. For someone devoted to rearranging the world and its social order through the sharing of information, this dogged persecution must have been impossible to understand.

Overreaching Prosecution

Alex Stamos, CTO of Artemis Internet and an expert witness for the defense in United States v. Aaron Swartz wrote just after Swartz's death that "I know a criminal hack when I see it, and Aaron’s downloading of journal articles from an unlocked closet is not an offense worth 35 years in jail."

Swartz's family and partner wrote a statement after his suicide that shows the impact the vicious prosecution had on him and those around him:

Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney’s office and at MIT contributed to his death. The US Attorney’s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community’s most cherished principles.

In the wake of the tragedy, thousands of Americans have signed a petition calling for U.S. Attorney Carmen Ortiz to be removed from office.

On Sunday, MIT announced it would launch an internal investigation into the matter. And on Monday, in one emotionless sentence, Ortiz "respectfully submitted" her dismissal of the case. With the painful example of Aaron Swartz in mind, one hopes our society will learn more respect for the difference between a crime of information theft and a crime with victims.

Views: 43

Reply to This

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted a blog post
34 minutes ago
tjdavis posted a photo
yesterday
james will posted blog posts
yesterday
Less Prone favorited Sandy's video
yesterday
Doc Vega's 5 blog posts were featured
yesterday
tjdavis's 4 blog posts were featured
yesterday
Doc Vega posted a blog post

What was the Significance of the F-94 C and What role in History?

 It’s July 19, 1952 over White House forbidden airspace and Captain William Patterson observes…See More
Sunday
tjdavis posted a video

FLUORIDEGATE: An American Tragedy. a film by Dr. David Kennedy

FLUORIDEGATE: An American Tragedy, is a feature documentary that reveals the tragedy of how government, industry and trade associations protect and promote a...
Sunday
Doc Vega posted a blog post

Rendezvous With The Unknown

Rendezvous With the Unknown Chapter I It was about 9:00 am when I received a text on my phone from…See More
Saturday
cheeki kea replied to cheeki kea's discussion Tartaria
"ah ha - a Tartarian cuisine component lurks inside good old Tartar Sauce. Who would have thought.…"
Saturday
tjdavis posted a blog post
Saturday
Doc Vega posted a blog post

Shadows in the Wind

If you think that life is but a game you can winYou’re just a shadow in the windConveniently…See More
Friday
Doc Vega posted a blog post
Dec 18
tjdavis posted a photo
Dec 17
james will is now a member of 12160 Social Network
Dec 17
Burbia replied to cheeki kea's discussion Tartaria
Dec 17
Burbia posted a video

Mossad: we create a pretend world, we are a global production company... the world is our stage

60 Minutes interviews alleged Mossad agent"we create a pretend world, we are a global production company......the world is our stage."_______________________...
Dec 17
Doc Vega posted a blog post

The Alvin II Encounter: Was There A Living Dinosaur Involved?

The year is 1965 in the Caribbean islands at a 5-thousand-foot depth in the dark Atlantic waters.…See More
Dec 16
Doc Vega posted blog posts
Dec 15
rlionhearted_3 posted photos
Dec 15

© 2025   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted