DOJ Admits It Had To Put Aaron Swartz In Jail To Save Face Over The Arrest

from the it's-all-about-the-public-perception dept
As the Congressional investigation into the DOJ's prosecution of Aaron Swartz has continued, apparently a DOJ representative has admitted that part of the reason it insisted on having Swartz plead guilty to a felony and go to jail, no matter what, was that it feared the public backlash for the original arrest if they couldn't then show a felony conviction and jailtime. According to a Huffington Post article, quoting various sources:
Some congressional staffers left the briefing with the impression that prosecutors believed they needed to convict Swartz of a felony that would put him in jail for a short sentence in order to justify bringing the charges in the first place, according to two aides with knowledge of the briefing.
The odd thing is this little tidbit comes at the very, very end of a longer article, most of which focuses on the DOJ telling Congressional staffers that part of the reason they went after Swartz with such zeal was because of his infamous Guerilla Open Access Manifesto. That might explain why they were so eager to arrest him, but it seems like the much bigger deal, considering all the concern about prosecutor discretion, that after they arrested him, they then didn't want to look bad, which is why they continued to demand jailtime and felony convictions.

Many people have assumed all along that the Manifesto played a big role in the case -- and the Manifesto has certainly been a lightening rod concerning Swartz's activities. If you read the actual "manifesto" it's not quite as extreme as some make it out to be -- with much of it talking about taking stuff that is public domain, but still hidden behind walls, and making that available again. The controversial bit really is this paragraph, which starts out with legal activities, but gets much more ambiguous at the end:
We need to take information, wherever it is stored, make our copies and share them with the world. We need to take stuff that's out of copyright and add it to the archive. We need to buy secret databases and put them on the Web. We need to download scientific journals and upload them to file sharing networks. We need to fight for Guerilla Open Access.
Note that initially he's talking about stuff that is out of copyright. When he's talking about databases, note that he talks about buying them for the sake of putting them online, not infringing on the works. It's just that bit about scientific journals. And, yes, if those works are covered by copyright, there's likely infringement there, but it's not entirely clear. Especially in an age where many professors post up free copies of their research any way, and where it looks like we're moving to an age where more and more research is open access anyway. In that context, is what he said really so bad?

Apparently the DOJ thought it was a reason to throw the book at Swartz, even if he hadn't actually made any such works available.
The "Manifesto," Justice Department representatives told congressional staffers, demonstrated Swartz's malicious intent in downloading documents on a massive scale.
Some may agree with that, but it seems like a jump towards "thoughtcrime" since he hadn't actually made any move towards making the JSTOR data available. It's possible that he planned to only make the public domain works (of which there are many) available. It's also possible he planned to leak the whole thing. But, really, you would think that there should be a bit more evidence of that before prosecutors throw the book at him.

More importantly, it suggests that Swartz was arrested and prosecuted for expressing his opinion on how to solve a particular problem. You may or may not agree with it, but I thought the US was supposed to be a place where we were free to express ideas. There's even some famous part of our Constitution about that...

Click below to read "Guerilla Open Access Manifesto

Full text of "Guerilla Open Access Manifesto"

Views: 464

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"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
yesterday
Burbia commented on TommyD's group The Chuckle Hut
"The Warriors is one of my favorite movies. I couldn't help but laugh at this spoof."
Thursday
Doc Vega posted a photo
Wednesday
Doc Vega commented on Doc Vega's blog post Are the End Times Drawing Near?
"cheeki kea, You might want to see predictions made by Robert Welch in 1957 and 1974 stating that…"
Wednesday
Doc Vega commented on Doc Vega's blog post Are the End Times Drawing Near?
"cheeki kea, good points. We have a world full of twisted allied agendas that seem contradictory,…"
Wednesday
Sandy posted a video

Ghislaine Maxwell & The Secret "Shadow" 9/11 Commission? | John Kiriakou

In this gripping excerpt from the Julien Dorey podcast, former CIA officer and whistleblower John Kiriakou reacts to a leaked email from 2003. The document r...
Tuesday
cheeki kea left a comment for Holyroller
"Greetings to you Holyroller very awesome you've joined up with us all. I know you'll find…"
Tuesday
cheeki kea commented on Doc Vega's blog post Are the End Times Drawing Near?
"Yes it's a sad and sorry situation we see evolving here. On one front and it's a large…"
Tuesday
Doc Vega commented on tjdavis's video
Thumbnail

When the Communists Take Over America!...Famous 1957 Anti-Communist Movie

"I remember this when I was a little seeing it on TV years after it was filmed and it scared me even…"
Tuesday
tjdavis posted a video

When the Communists Take Over America!...Famous 1957 Anti-Communist Movie

Starring Jack Webb and Robert Conrad, this 1957 movie by the United States Armed Forces Information Agency is perhaps the best known anti-communist movie eve...
Tuesday
Doc Vega posted a blog post

Are the End Times Drawing Near?

Are we seeing the gradual fulfillment of the Battle of Armageddon? Think of it. The US and Israel…See More
Monday
Holyroller is now a member of 12160 Social Network
Monday
tjdavis posted a blog post
Monday
Sandy posted photos
Sunday
Burbia posted a video

Catherine Fitts: Epstein, CIA Black Budget, the Control Grid, and the Banks’ Role in War

Programmable digital currency is the final piece of the global control grid that’s finally snapping into place. Catherine Austin Fitts on how to defeat it. C...
Feb 27
Евеліна posted a status
"цікаво, воно цитатами виділяє, як моє особливе "я""
Feb 27
Евеліна posted a status
"на роботі, сонце світить, потрібно перепочити."
Feb 27
Евеліна posted a blog post

Ключові слова в тексті: як органічно їх вписати в статтю

Що таке ключові слова і чому вони важливіКлючові слова — це слова або фрази, які користувачі…See More
Feb 27
Евеліна is now a member of 12160 Social Network
Feb 26
Burbia left a comment for pohonemas33 team
"Quit promoting gambling on another site"
Feb 26

© 2026   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