Aaron Swartz and the Extreme Punishment for Challenging Authority

**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/commentisf...ney-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, 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 - and a name for herself. You may remember her. 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, 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?s...30116022816840

This discrepancy also highlights how people are punished for exercising their right to a free trial, as well; http://www.forbes.com/sites/timothyl...ea-bargaining/

Some more links: http://www.schneier.com/blog/archive...ting_on_a.html

CR

**gaelic cowboy** · 01-26-2013, 18:52

I thought he was dead now didnt he commit sucide or something??

Ah I see one of the links says he did indeed.

**Goofball** · 01-29-2013, 08:30

Originally Posted by Crazed Rabbit

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/commentisf...ney-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, 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 - and a name for herself. You may remember her. 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, 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?s...30116022816840

This discrepancy also highlights how people are punished for exercising their right to a free trial, as well; http://www.forbes.com/sites/timothyl...ea-bargaining/

Some more links: http://www.schneier.com/blog/archive...ting_on_a.html

CR

I know. The whole thing makes me sick. The same as how noone has yet been prosecuted for the 2008 meltdown. We had banks selling crap product marketed as "investment grade" to unsuspecting investors, while at the back end they were shorting their own product and buying default-swap coverage so they could double-down when everything went pear-shaped.

And last year these same guys were not only not in jail but collected obscene bonuses.

The fact is that government prosecutors are for the most part bullies and cowards. They land on the most vulnerable (and often the most innocent) with both feet while at the same time giving the old "elbow-elbow-nudge-nudge-wink-wink" to the most powerful, but most guilty offenders.

It makes me sick. In my view, this is the only legitimate argument for lack of gun control laws. The outraged citizenry should be able to arm themselves and gun these parasites down.

What really bugs me about it is that I am a career suit. I have been in the money business for the past 20 years, and have done pretty well for myself. There is plenty of money to be made without screwing over Joe Sixpack and Betty Homemaker. These greedy *%cks give the rest of us a bad name. Which makes it just slightly harder (though by no means really difficult) for guys like me to get laid. Shame on them.