black holes and gray matter. in one thousand tangos.

             
Congress Demands Justice Department Explain Aaron Swartz Prosecution

Rep. Darrell Issa (R-Calif.), chairman of the House Oversight and Government Reform committee, and ranking minority leader Elijah Cummings (D-Maryland) wrote in their Jan. 28 letter that it appeared that prosecutors had intentionally bulked up the felony counts against Swartz in order to increase the amount of time in prison he would face.

On July 14, 2011, federal prosecutors charged Swartz with four felony counts, including wire fraud, computer fraud, theft of information from a computer and recklessly damaging a computer. Then on Sept. 12, 2012, prosecutors filed a superseding indictment with thirteen felony counts.

“It appears that prosecutors increased the felony counts by providing specific dates for each action, turning each marked date into its own felony charge, and significantly increasing Mr. Swartz’s maximum criminal exposure to up to 50 years imprisonment and $1 million in fines,” thelawmakers wrote in their letter(.pdf). […]

In addition to wanting to know what influenced the Justice Department’s decision to prosecute and whether Swartz’s advocacy work played a role in that decision, the lawmakers want the Justice Department to tell them why the superseding indictment was necessary after Swartz had already been charged. They also want to know how the criminal charges and plea offer compared to those in other cases brought under the Computer Fraud and Abuse Act, under which Swartz was charged.

More Aaron Swartz.

What made me so overwhelmingly angry yesterday was the same thing that has been boiling in my gut for the last two years. When the federal government went after him – and MIT sheepishly played along – they weren’t treating him as a person who may or may not have done something stupid. He was an example. And the reason they threw the book at him wasn’t to teach him a lesson, but to make a point to the entire Cambridge hacker community that they were p0wned. It was a threat that had nothing to do with justice and everything to do with a broader battle over systemic power. In recent years, hackers have challenged the status quo and called into question the legitimacy of countless political actions. Their means may have been questionable, but their intentions have been valiant. The whole point of a functioning democracy is to always question the uses and abuses of power in order to prevent tyranny from emerging. Over the last few years, we’ve seen hackers demonized as anti-democratic even though so many of them see themselves as contemporary freedom fighters. And those in power used Aaron, reframing his information liberation project as a story of vicious hackers whose terroristic acts are meant to destroy democracy.

Reasonable people can disagree about tactics and where and when a particular approach pushes too far. Like Lessig, I often disagreed with Aaron about his particular approach to freeing the world’s information, even if I never disagreed with him about the goal. And one of the reasons why so many hackers and geeks spent yesterday raging against the machine is because so many people in power have been unable to see past the particular acts and understand the intentions and activism. So much public effort has been put into controlling and harmonizing geek resistance, squashing the rebellion, and punishing whoever authorities can get their hands on. But most geeks operate in gray zones, making it hard for them to be pinned down and charged. It’s in this context that Aaron’s stunt gave federal agents enough evidence to bring him to trial to use him as an example. They used their power to silence him and publicly condemn him even before the trial even began.

Yesterday, there was an outpouring of information about his case, including an amazing account from the defense’s expert witness. Many people asked why people didn’t speak up before. I can only explain my reasoning. I was too scared to speak publicly for fear of how my words might be used against him. And I was too scared to get embroiled in the witch hunt that I’ve watched happen over the last three years. Because it hasn’t been about justice or national security. It’s been about power. And it’s at the heart and soul of why the Obama administration has been a soul crushing disappointment to me. I’ve gotten into a ridiculous number of fights over the last couple of years with folks in the administration over the treatment of geeks and the misunderstanding of hackers, but I could never figure how to make a difference on that front. This was a source of serious frustration for me, even as SOPA/PIPA showed that geeks could make a difference.

So here we are today, the world lacking a prodigious child whose intellect scared the shit out of everyone who knew him. He became a toy for a government set on showing their strength. And they bullied him and preyed on his weaknesses and sought to break him. And they did. All for the performance of justice. All before he was even tried in a society that prides itself on innocent until proven guilty. Was depression key to what happened on Friday? Certainly. But it wasn’t the whole story. And that’s what makes it hard for me to stomach.”

Danah Boyd: processing the loss of Aaron Swartz

“Aaron Swartz’s crime was “stealing” what should have been free in the first place. Yes, someone has to pay for the process of academic publishing. But the right price for access to scientific knowledge is identically zero. JSTOR makes the world’s scientific knowledge available for free to those affiliated with JSTOR’s member universities. But in a sane world everyone would have that access, and the governments that spend money to fund research would spend a tiny bit more money to maintain a free research-access system.”
“As we think about what happened to Aaron, we need to recognize that it was not just prosecutorial overreach that killed him. That’s too easy, because that implies it’s one bad apple. We know that’s not true. What killed him was corruption. Corruption isn’t just people profiting from betraying the public interest. It’s also people being punished for upholding the public interest. In our institutions of power, when you do the right thing and challenge abusive power, you end up destroying a job prospect, an economic opportunity, a political or social connection, or an opportunity for media. Or if you are truly dangerous and brilliantly subversive, as Aaron was, you are bankrupted and destroyed. There’s a reason whistleblowers get fired. There’s a reason Bradley Manning is in jail. There’s a reason the only CIA official who has gone to jail for torture is the person – John Kiriako - who told the world it was going on. There’s a reason those who destroyed the financial system “dine at the White House”, as Lawrence Lessig put it. There’s a reason former Senator Russ Feingold is a college professor whereas former Senator Chris Dodd is now a multi-millionaire. There’s a reason DOJ officials do not go after bankers who illegally foreclose, and then get jobs as partners in white collar criminal defense. There’s a reason no one has been held accountable for decisions leading to the financial crisis, or the war in Iraq. This reason is the modern ethic in American society that defines success as climbing up the ladder, consequences be damned. Corrupt self-interest, when it goes systemwide, demands that it protect rentiers from people like Aaron, that it intimidate, co-opt, humiliate, fire, destroy, and/or bankrupt those who stand for justice.”
“We often say, upon the passing of a friend or loved one, that the world is a poorer place for the loss. But with the untimely death of programmer and activist Aaron Swartz, this isn’t just a sentiment; it’s literally true. Worthy, important causes will surface without a champion equal to their measure. Technological problems will go unsolved, or be solved a little less brilliantly than they might have been. And that’s just what we know. The world is robbed of a half-century of all the things we can’t even imagine Aaron would have accomplished with the remainder of his life.”

Be curious. Read widely. Try new things. I think a lot of what people call intelligence just boils down to curiosity.

Say yes to everything. I have a lot of trouble saying no, to an pathological degree — whether to projects or to interviews or to friends. As a result, I attempt a lot and even if most of it fails, I’ve still done something.

Assume nobody else has any idea what they’re doing either. A lot of people refuse to try something because they feel they don’t know enough about it or they assume other people must have already tried everything they could have thought of. Well, few people really have any idea how to do things right and even fewer are to try new things, so usually if you give your best shot at something you’ll do pretty well.

“Here is where we need a better sense of justice, and shame. For the outrageousness in this story is not just Aaron. It is also the absurdity of the prosecutor’s behavior. From the beginning, the government worked as hard as it could to characterize what Aaron did in the most extreme and absurd way. The “property” Aaron had “stolen,” we were told, was worth “millions of dollars” — with the hint, and then the suggestion, that his aim must have been to profit from his crime. But anyone who says that there is money to be made in a stash of ACADEMIC ARTICLES is either an idiot or a liar. It was clear what this was not, yet our government continued to push as if it had caught the 9/11 terrorists red-handed.

Aaron had literally done nothing in his life “to make money.” He was fortunate Reddit turned out as it did, but from his work building the RSS standard, to his work architecting Creative Commons, to his work liberating public records, to his work building a free public library, to his work supporting Change Congress/FixCongressFirst/Rootstrikers, and then Demand Progress, Aaron was always and only working for (at least his conception of) the public good. He was brilliant, and funny. A kid genius. A soul, a conscience, the source of a question I have asked myself a million times: What would Aaron think? That person is gone today, driven to the edge by what a decent society would only call bullying. I get wrong. But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.”
©2011 Kateoplis