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DoJ Admits Aaron Swartz's Prosecution Was Political

An anonymous reader sends this excerpt from a blog post by Taren Stinebrickner-Kauffman, founder of corporate watchdog SumOfUs.org and partner of the late Aaron Swartz: "The DOJ has told Congressional investigators that Aaron's prosecution was motivated by his political views on copyright. I was going to start that last paragraph with 'In a stunning turn of events,' but I realized that would be inaccurate — because it's really not that surprising. Many people speculated throughout the whole ordeal that this was a political prosecution, motivated by anything/everything from Aaron's effective campaigning against SOPA to his run-ins with the FBI over the PACER database. But Aaron actually didn't believe it was — he thought it was overreach by some local prosecutors who didn't really understand the internet and just saw him as a high-profile scalp they could claim, facilitated by a criminal justice system and computer crime laws specifically designed to give prosecutors, however incompetent or malicious, all the wrong incentives and all the power they could ever want. But this HuffPo article, and what I’m hearing from sources on the Hill, suggest that that’s not true. That Ortiz and Heymann knew exactly what they were doing: Shutting up, and hopefully locking up, an extremely effective activist whose political views, including those on copyright, threatened the Powers That Be."

21 of 326 comments (clear)

  1. Re:I Don't Get It by Seumas · · Score: 5, Insightful

    Rolled over at the first sign of adversity?

    Are you seriously?

    I don't think you have made yourself even remotely familiar with the case, whatsoever, by that statement alone.

  2. It IS somewhat shocking. by apcullen · · Score: 5, Insightful

    It's not at all shocking that it was politically motivated. What's shocking is that they admitted it.

    1. Re:It IS somewhat shocking. by oodaloop · · Score: 5, Insightful

      What would really be shocking is if anyone went to jail for this.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    2. Re:It IS somewhat shocking. by malkavian · · Score: 5, Insightful

      In the name of "Law". Nobody (especially Lawyers) pretends it's a system of Justice.

    3. Re:It IS somewhat shocking. by alexo · · Score: 5, Insightful

      Justice is the judges job to ensure everything proceeds fairly. lawyers only care about winning their case.

      The judge's job is to ensure that the game is played by the rules. Whether the rules are "just" or not is completely irrelevant.

  3. Naturally by Anonymous Coward · · Score: 5, Insightful

    Of course they can admit it was political. There's no downside to this for them. They can't be successfully sued, and no one will ever be held personally responsible.

    "Yeah, we did it for political reasons. But, we didn't use a drone. It just turned out that our unreasonable tactics were extremely effective. And the taxpayers should be happy that they didn't get the bill for a large public trial."

  4. Alpha Centauri applicable. by MRe_nl · · Score: 5, Insightful

    "As the Americans learned so painfully in Earth's final century, free flow of information is the only safeguard against tyranny. The once-chained people whose leaders at last lose their grip on information flow will soon burst with freedom and vitality, but the free nation gradually constricting its grip on public discourse has begun its rapid slide into despotism. Beware of he who would deny you access to information, for in his heart he dreams himself your master".

            Commissioner Pravin Lal, "U.N. Declaration of Rights"

    --
    "Kill 'em all and let Root sort 'em out"
  5. Re:I Don't Get It by niftydude · · Score: 5, Insightful

    Yet at the first sign of adversity he rolls over like a stuck pig.

    Suicidal depression is a serious mental disease. You can't just wish it away by smiling and singing a plucky song.

    People need to understand that mental diseases are actual diseases, and at least as difficult to cure as any physical disease out there.

    The idea that someone suffering severe depression can simply just "stand up for themselves" in adversity is incredibly insensitive.

    --
    You can never know everything, and part of what you do know will always be wrong. Perhaps even the most important part.
  6. And nothing will change by Anonymous Coward · · Score: 5, Insightful

    Because so what if they admitted it? Is anyone going to be held responsible or punished for it? No. At most there might be a slap on the wrist (NOT for the prosecution, but for letting it get out of hand), then it will be business as usual.

    Remember, all the rules are there just for the plebs, not for the elites in the ruling class.

  7. ironic by IT.luddite · · Score: 5, Insightful
    that the quote appearing at the bottom of the page is Mizner's:

    "If you steal from one author it's plagiarism; if you steal from many it's research."

    As someone mentioned, it's not shocking the prosecution was politically motivated but shocking that they admitted it. I'll add that it's also not shocking that they think they didn't do anything wrong!

  8. Re:I Don't Get It by crazyjj · · Score: 5, Insightful

    Keep in mind that you're talking about a kid here, one who in the typical American fashion had been raised on idealism and "good government bullshit" (to quote Goodfellas). It's quite likely he had no idea going in just how hard the government can push back when citizens threaten corporate interests.

    It's real easy to envision yourself a hero when you embark on a fight against the man. But when confronted with the very harsh reality that you are engaging in the fight largely alone and against all odds, it can be overwhelming.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
  9. Re:Sums it up ... by bluefoxlucid · · Score: 5, Insightful

    This is awful. The idea that copyright (and in fact ideas about copyright) should be enforced as vigorously as this is absurd.

    No, you're wrong. That's not what this is about.

    This is about a policy in which political propaganda is held above human life, liberty, rights, the law, everything. A policy by which goals are set and the rest is just a front. This is a government that lies to the people and that works against their interests, that fights against the will of change, that uses selective force of law and mock-law to suppress ideas and ideals.

    This is the same tyranny as gun control, global warming, and stem cell research: things we either can't know without major amounts of research or just can't know period, because the political views have covered up and even shaped the facts. Global warming is the biggest offender: we can cite stem cell research and see what was adult and embryonic, even though that's usually left out of casual activism (a lot of embryonic stem cell proponents point to "stem cell research" using adult stem cells); but with global warming, any research about the trends, the causes, and the impacts not following the political dogma is actively prevented as a first line of defense, and then picked apart and ridiculed by measures that would similarly debase current consensus. The same one-side slant is applied to everything, to varying degrees of effectiveness, regardless of whether the dogma is accurate with reality or completely fantastic.

    This is the same with copyright. The media and the government want to provide a slanted view of copyright, to ridicule and debase research contrary to their position, to hide all research that doesn't contradict but does show the other impacts (weak copyright DOES hurt business; but it also GREATLY improves the wealth of society by slipping works into the hands of consumers after a shorter time, and by reducing punishments to not be retaliatory and destructive but rather simply just). They have set out to destroy their opponents to cover the important facts that must be brought to the public mind.

    Hang them all.

  10. Yep by Chibi+Merrow · · Score: 5, Insightful

    Just like Susan B. Anthony, Rosa Parks, Martin Luther King Jr., etc., etc., etc. "deserved" prosecution.

    Did you ever stop to consider, even for a moment, that the reason Aaron Swartz was going to continue this pattern of behavior might just possibly be that he was right?

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
    1. Re:Yep by RazorSharp · · Score: 5, Insightful

      He is of course wrong in this view, and the govt was going to remind him that yes, computer/copyright law still applies, even to geniuses and prodigies.

      Yet he could have raped and murdered someone and would have faced a lesser penalty. Maybe he was willing to accept the consequences of his actions, assuming that they were constitutional under the eighth amendment, which guarantees that excessive penalties wouldn't be levied against him.

      Making examples of people isn't justice. Furthermore, Schwartz's actions are comparable to those who fought segregation because in both cases the crimes they committed weren't just ethical, they were actions taken because they felt ethically compelled to do so. You may say that segregation is an obvious evil whereas research paid for by government grants being kept private/patented/non-free is not, but during America's struggle with civil rights, there was nothing obvious about the evil of segregation. Just ask Barry Goldwater.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
  11. Summary (and article) by Fox News? by Theaetetus · · Score: 5, Insightful
    DoJ Admits Aaron Swartz's prosecution was political! The DOJ has told Congressional investigators that Aaron's prosecution was motivated by his political views on copyright!

    ... but then you go to the article and see the quote and it's:

    A Justice Department representative told congressional staffers during a recent briefing on the computer fraud prosecution of Internet activist Aaron Swartz that Swartz’s “Guerilla Open Access Manifesto” played a role in the prosecution, sources told The Huffington Post.

    Doesn't sound quite the same as "admitting it's political". In fact, let's see what the HuffPo said:

    The "Manifesto," Justice Department representatives told congressional staffers, demonstrated Swartz's malicious intent in downloading documents on a massive scale.

    ... yeah. Sorry, Submitter, but we mock that kind of Gotcha Journalism when Fox News or Breitbart twists someone's words to make a splashy headline, or when James O'Keefe does one of his out-of-context videos to smear Planned Parenthood.

  12. Re:It was not political. by MozeeToby · · Score: 5, Insightful

    More like you speed and get a ticket for felony reckless driving.

    The point isn't that he was prosecuted, it was that A) he was prosecuted beyond any reasonable interpretation of the wrongdoing B) the prosecutor drew up a huge list of charges to try and scare him into taking a plea C) the reasons for A and B, it has just been admitted by the DOJ, were political. That shouldn't happen in the US, it just shouldn't. There shouldn't even be the shadow of a possibility that it could possibly have happened.

  13. Re:It was not political. by tibit · · Score: 5, Insightful

    The anti-segregation activists were breaking the law too. The fact that there is a law doesn't necessarily make it good, you know? How else can one fight immoral laws?

    --
    A successful API design takes a mixture of software design and pedagogy.
  14. Prosecutors == Bullys by tekrat · · Score: 5, Insightful

    And don't we have anti-bullying laws now?

    I mean seriously, these guys are getting away with what has now literally (and I'm using the term accurately) been defined as MURDER.

    Remember that case where another "private citizen" bullied some young girl over the internet, that young girl committed suicide, and then the bully was put on trial for her murder?

    So why is the prosecutor, who performed EXACTLY the same act, still walking free, and is probably still bullying others into killing themselves?

    Nice dual-justice system there, America.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  15. Re:Swartz gave up and let the bastards win. by tekrat · · Score: 5, Insightful

    Yeah, you know... Jesus carried his own cross to his crucifixion, so you can't blame his death entirely on the Romans. He was mostly to blame for his own death. If he had just shut up when he was told to, he could have lived a long and happy life.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  16. Re:I Don't Get It by Anonymous Coward · · Score: 5, Insightful

    You're a real idiot, you know that?

    You either have no ability to feel empathy for your fellow man, or you're just a bitter old bastard who's too stupid to understand that the racial slurs he's throwing at the brown people are insulting. Either way, you're an idiot.

    I grew up with depression, and I suffer with it every day of my life. It is a disease, its a mental issue. There were people like you once, who threw people like me into mental institutions because you couldn't understand. You didn't want to understand, to deal with it. It was easier to just say "you're weak!" and lock them up.

    People who find themsevles in these sort of situations are not fully responsible for their own actions. They view what they're doing as the right thing to do, no matter how wrong that actually is, because the pain they're feeling is distorting their world view. If someone held a red hot iron against your arm for a few hours, you'd suddenly find yourself wishing you were dead, you'd want the pain to stop, you'd be screaming for mercy. It's no different here, only the pain is not physical, and it takes way longer than a few hours to reach that point.

    Every waking moment spent dreading, being afrade, being a burden, knowing at you and you alone are at fault for all of it. You dont eat because you think you're fat and horrible. You eat too much because you use it as an escape from the pain you feel. You cant stand living anymore because everywhere you look you seem to make life worse, not just for you, but for those you love and care about. You rob someone because you lose the path needed, nobody gives you want you need and you dont know how to earn it yourself, you're desperate, and you need what they have, even if you dont.

    You dont have an empathy deficiency disorder, you're just a fucking jerk.

  17. Re:I Don't Get It by Chris+Burke · · Score: 5, Insightful

    You have no control over the hand you are dealt.
    But you have complete control over how you play that hand.

    Spoken like someone who doesn't understand and hasn't even really thought about mental illness.

    Hint: The thing you think gives you "complete control" is the thing affected by the disease.

    --

    The enemies of Democracy are