Crazed Rabbit
01-26-2013, 18:40
I assume you know, by now, of how HSBC employees were not prosecuted or punished for their part in many criminal acts related to money laundering for drug cartels and terrorists: http://www.guardian.co.uk/commentisfree/2012/dec/12/hsbc-prosecution-fine-money-laundering
But when the 'offender' is someone who challenges the authority of the government, even in a small way, the wrathful hammer of government power is brought down.
Such is the case with Aaron Swartz (http://www.guardian.co.uk/commentisfree/2013/jan/12/aaron-swartz-heroism-suicide1), who attempted to download and distribute electronically scientific journals for free by taking them from MIT and JSOTR. For this he was threatened with decades and decades in prison - more than murderers, rapists, etc. - by a Federal Prosecutor who wanted to make an example of him (http://news.cnet.com/8301-13578_3-57565927-38/swartz-didnt-face-prison-until-feds-took-over-case-report-says/)- and a name for herself. You may remember her (https://forums.totalwar.org/vb/showthread.php?138412-Civil-Forfeiture-Theft-by-Police&highlight=motel+drug). The state prosecutors didn't want any jail time. JSTOR didn't want any prosecution.
Part of the problem is the broadness of the Computer laws in the USA (http://www.volokh.com/category/computer-fraud-and-abuse-act/), which conceivably allow for felonies for actions that violate the terms of service agreement on a website. More on how the government might not have had any power to charge him in the first place: http://www.groklaw.net/article.php?story=20130116022816840
This discrepancy also highlights how people are punished for exercising their right to a free trial, as well; http://www.forbes.com/sites/timothylee/2013/01/17/aaron-swartz-and-the-corrupt-practice-of-plea-bargaining/
Some more links: http://www.schneier.com/blog/archives/2013/01/commenting_on_a.html
CR
But when the 'offender' is someone who challenges the authority of the government, even in a small way, the wrathful hammer of government power is brought down.
Such is the case with Aaron Swartz (http://www.guardian.co.uk/commentisfree/2013/jan/12/aaron-swartz-heroism-suicide1), who attempted to download and distribute electronically scientific journals for free by taking them from MIT and JSOTR. For this he was threatened with decades and decades in prison - more than murderers, rapists, etc. - by a Federal Prosecutor who wanted to make an example of him (http://news.cnet.com/8301-13578_3-57565927-38/swartz-didnt-face-prison-until-feds-took-over-case-report-says/)- and a name for herself. You may remember her (https://forums.totalwar.org/vb/showthread.php?138412-Civil-Forfeiture-Theft-by-Police&highlight=motel+drug). The state prosecutors didn't want any jail time. JSTOR didn't want any prosecution.
Part of the problem is the broadness of the Computer laws in the USA (http://www.volokh.com/category/computer-fraud-and-abuse-act/), which conceivably allow for felonies for actions that violate the terms of service agreement on a website. More on how the government might not have had any power to charge him in the first place: http://www.groklaw.net/article.php?story=20130116022816840
This discrepancy also highlights how people are punished for exercising their right to a free trial, as well; http://www.forbes.com/sites/timothylee/2013/01/17/aaron-swartz-and-the-corrupt-practice-of-plea-bargaining/
Some more links: http://www.schneier.com/blog/archives/2013/01/commenting_on_a.html
CR