Readers push back against the notion that Swartz is a millennial martyr:
As a security nerd, I’m inclined to be in favor of “information wants to be free” especially when it comes to academic papers, many of which were funded by NSF or other federal grants. But Orin Kerr has a good summary (and a followup here) of Aaron’s activity in detail here. He could’ve used Harvard’s network to scrape the papers, but tried to cover his tracks by going to MIT. When caught, he went back three times to evade blocks set up by JSTOR and MIT to try and keep him from continuing. Was it worth a 30-year sentence? I doubt it, and we may never know what sort of plea bargain the prosecutors offered him to begin with, or what went into his decision to turn it down. But it’s not reasonable to expect prosecutors to overlook activity this blatant, either.
Another:
You might argue that these institutions like JSTOR are simply middlemen, destined to be wiped out by the leveling force of the Internet as “pre-print” sites like ArXiv and SSRN allow researchers to share their results directly with the public. But they offer the community a valuable service, especially in an era of information-glut, by blindly filtering papers based on content alone, and then subjecting those qualified to a criticism from like researchers in the field. Without filtering predicated on quality, it will be even harder for little known researchers to get their results read and even easier for those that have made it to rest on their laurels. Peer review has been one of the most effective bars from keeping pseudoscience out of the mainstream and acquiring the respectability it craves; without it, everyone from creationists to vaccine-deniers will have their papers circulating, however dubious, and it will be impossible for the layperson to discriminate.
Another:
So despite the fact that JSTOR did not want to press charges, did not support the prosecution, is trying to begin opening access to files as much as they can as they are a non-profit working as an intermediary between publishers and libraries, you are supporting an attack against them because they exist. It is vandalism and it is immoral to go after an organization just because they have something others may want.
We are not dealing with government documents, something that is explicitly government funded. These are academic papers that are written by people who may or may not want their information released for copyright or whatever reason it may be. Let them make that chose, don’t give it to a mob.
And another:
First, let me say, as an attorney working in academia, I am familiar with the issues surrounding Swartz’s case, and I believe that restricting access to knowledge is antithetical to the spirit of universities. I also appreciate the zeal with which Aaron fought for his beliefs. However, I have a hard time understanding why Carmen Ortiz is responsible for this young man’s suicide or why anyone would feel compelled to sign a petition for her removal.
Aaron was an intelligent adult, his deliberate actions allegedly broke the law, and the US attorney pursued a legal prosecution of him for these acts. I keep reading these articles, particularly on tech sites, that say his treatment was unjust because this was a victimless crime and it was akin to not returning library books.
However, it doesn’t matter what the law is akin to; it matters what the law is, and apparently his actions triggered the possibility of greater sanctions. He may disagree or think that his actions do not violate the law and he was free to bring that issue before the courts. Or he could have fought the good fight in another matter, but considering the fact that he had run-ins with the law before, he knew that there could be serious consequence for what he did. Now with the case, he had the option of taking a plea or fighting this in court and under our system, the prosecutor threatens the worst possible sentence to try and induce a plea. If you have a problem with that, then your issue is with the system and placing the blame on Ortiz cheapens the real issue and speaks to navel gazing among the tech community and the chattering class.
The real structural problems in the American justice system disproportionately affect minorities and low-income persons. I’m not indicting you personally because you cover issues like this related to the drug war, but if the tech community really cares about the inequity in the justice system, then place to blame squarely where it belongs, the justice system and take up the fight to change it. I can’t imagine that anyone is truly foolish enough to believe that, even if Carmen resigns/is fired tomorrow, the incentives for prosecutors in our system will change. If anything, they will just figure out a way to provide themselves more cover.
One more:
I seem to be missing something here on the Aaron Swartz story. He was an activist, right? Activists sometimes get arrested. Sometimes they do things with the intention of getting arrested, in order to bring a story to light. Does anybody believe that Swartz was going to spend 30 years in prison? The TIME article you quote says that Rep. Lofgren is trying to amend the CFAA “which Massachusetts prosecutors used to charge Swartz with over 30 years in prison.” What does that even mean? How does a person get charged with 30 years in prison.
I don’t understand why this young man killed himself but I know who is responsible for his death. He is. He killed himself. He was not hounded to death. He was arrested for what seems to be a victimless crime, but he was not an anonymous innocent with no resources with which to fight the injustice being dealt him. He was out on bail. He had a legion of supporters. And he was fighting not only for his freedom, but for a cause he believed in. Overzealous as his prosecutors may have been, is it right to hold them responsible for his death.
Aren’t people being overzealous in their condemnation of the prosecution? If Ms. Ortiz is forced from her job because of this pressure, becomes distraught takes her own life, are all those who called for her dismissal to be held responsible for her death.
(Photo: The casket of Aaron Swartz, the Reddit co-founder and Internet activist, is moved to a waiting hearse during his funeral Tuesday, January 15, 2013, at North Suburban Lubavitch Chabad Central Avenue Synagogue in Chicago, Illinois. By Michael Tercha/Chicago Tribune/MCT via Getty Images)
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