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Aaron Swartz Prosecution Team Claims Online Harassment

twoheadedboy writes "Members of the legal team responsible for prosecution of Aaron Swartz have claimed they received threatening letters and emails, and some had their social network accounts hacked, following the suicide of the Internet freedom activist. Following Swartz's death, his family and friends widely lambasted the prosecution team, who were accused of being heavy-handed in their pursuit of the 26-year-old. He was facing trial for alleged copyright infringement, accused of downloading excessive amounts of material from the academic article resource JSTOR. U.S. attorney for Massachusetts Carmen Ortiz, who headed up the prosecution, and another lead prosecutor, Stephen Heymann, have reportedly become the target of 'harassing and threatening messages,' and their personal information, including home address, personal telephone number, and the names of family members and friends, was posted online. Heymann also received a postcard with a picture of his father's head in a guillotine."

429 comments

  1. Payback is a bitch by Anonymous Coward · · Score: 0

    Get used to it.

    1. Re:Payback is a bitch by Anonymous Coward · · Score: 0

      The result, of course, is that they now believe that they are entirely justified.

      They may have been wavering after Swartz's suicide, but they now have all their worst suspicions confirmed; there really is a conspiracy of evil hackers out there that have nothing but contempt for the law and for society.

      Good work, everybody. Way to play into their hands.

    2. Re:Payback is a bitch by Anonymous Coward · · Score: 5, Insightful

      The result, of course, is that they now believe that they are entirely justified.

      Bullshit, they always did believe they were justifid. Furthermore, these people have no morals -- look up "innocence project" to see how many men prosecutors knew were innocent but still prosecuted and executed.

    3. Re:Payback is a bitch by jythie · · Score: 4, Interesting

      Even if it plays into their mythology, it does change the equation somewhat. Even when power is criminal or juvenile, it is still a consequence people with political ambition will increasingly have to factor in when they take various moves. In a way, no response would have been worse since that sends the message that there are no negative consequences or risks involved in such overreach, only gains. Even if it is just a minor effect, the story will stick around and will be remembered when prosectors are pondering how they want to handle such cases in the future and if the political payoff is enough to offset the impact on their life.

    4. Re:Payback is a bitch by Anonymous Coward · · Score: 0

      Bullshit, they always did believe they were justifid. Furthermore, these people have no morals -- look up "innocence project" to see how many men prosecutors knew were innocent but still prosecuted and executed.

      As opposed to Aaron Swartz, who was guilty as hell and everyone knows it.

    5. Re:Payback is a bitch by SteveDorries · · Score: 3, Insightful

      Guilty of what though? Did his actions warrant the type of heavy handed tactics that the federal prosecutors used? Should there have been a prosecution at all, much less an arrest made?

    6. Re:Payback is a bitch by TWX · · Score: 4, Interesting

      Even if it is just a minor effect, the story will stick around and will be remembered when prosectors are pondering how they want to handle such cases in the future and if the political payoff is enough to offset the impact on their life.

      I don't think that's entirely correct I'm afraid. It's been my experience with "Type A" personalities that strong responses from the unwashed masses are not comprehended as consequences. Sure, they understand some of the motivations of the political adversaries, and they can even understand the reactions of the fans of their political adversaries, but when it comes to the mainstream middle, they don't really know how predict what will happen.

      Certainly these people recognize in hindsight when they've made a decision with terrible consequences on them personally, but they have a much harder time predicting in advance. Look at the George Allen Macaca Controversy as an example.

      --
      Do not look into laser with remaining eye.
    7. Re:Payback is a bitch by jythie · · Score: 1

      I agree that such people do not really see the masses as impacting them, but I see this as a different case since, while not truly a 'group', what they are seeing is a specific community preforming actions that impact them in their personal lives. Not abstract numbers or protests or other things that are removed from them, but personal consequences. It is similar to upsetting a lobby group or a gang, some group that wields enough power to touch them. Though not very much and not very well... so it might (probably) will get lost in the noise longer term.

    8. Re:Payback is a bitch by Opportunist · · Score: 4, Insightful

      Conspiracy? Go out and do a survey, ask around, and I don't mean asking hackers and activists, take Mr. Joe Random Average. When even my dad, an old-school ultra-conservative who makes Reagan look like a hippy, says that things ain't right and that the status quo ain't something to be supported, you know that something's not running right in this society.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:Payback is a bitch by Anonymous Coward · · Score: 0

      But Obama needs these special executive powers if he's going to defeat the Trade Federation!

    10. Re:Payback is a bitch by thewolfkin · · Score: 1

      Bullshit, they always did believe they were justifid. Furthermore, these people have no morals -- look up "innocence project" to see how many men prosecutors knew were innocent but still prosecuted and executed.

      As opposed to Aaron Swartz, who was guilty as hell and everyone knows it.

      his guilt doesn't justify their tactics. If someone steals an apple and the cops shoot him while chasing him down, you can't look at that and say well he was guilty*. Swartz guilt of lack thereof doesn't justify what happened to him.

      * just realized i stole that storyline from Aladdin

      --
      Just another second banana
    11. Re:Payback is a bitch by gatesstillborg · · Score: 1

      Also see excellent documentary Thin Blue Line.

    12. Re:Payback is a bitch by MightyMartian · · Score: 1

      I can't defend those harassing them (to wrongs never make a right), but at the same time to imagine that anyone on the prosecution team ever wavered on what they had done is ludicrous. I suspect that these individuals range from fanatics to sociopaths.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    13. Re:Payback is a bitch by MightyMartian · · Score: 5, Insightful

      Guilty of what amounts to a pretty minor infraction. The notion that a punishment should fit the crime should have been the overwhelming concern of the prosecutors, but they showed themselves to be power-mad maniacs, or at least in one case, a sociopath who couldn't have given the tiniest shit about justice and was trying to pave a way to political career with some sort of "tough on crime" record.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    14. Re:Payback is a bitch by TWX · · Score: 1

      But the distinction is that this group is anonymous, with a lower-case "a". It's not easy to attribute demographics when responses are for individual reasons uncoordinated by any central planning. There's no leader or cause or movement.

      --
      Do not look into laser with remaining eye.
    15. Re:Payback is a bitch by mabhatter654 · · Score: 1

      And the "book value" of his crime was 2-5 years probation. They were making a POLITICAL EXAMPLE of him and threatening DECADES in jail for ONE offense.

    16. Re:Payback is a bitch by jythie · · Score: 1

      That is a good point.

    17. Re:Payback is a bitch by Score+Whore · · Score: 0, Troll

      They offered him six months in a minimum security prison camp. He didn't have the moral convictions to back up his actions and took the coward's way out instead.

      General mental brokenness isn't a reason not to overlook criminal actions.

    18. Re:Payback is a bitch by Score+Whore · · Score: 1

      I mean, of course, "isn't a reason to overlook criminal actions."

    19. Re:Payback is a bitch by Opportunist · · Score: 1

      Then hand them to him for the purpose of defeating the Trade Federation.

      Why do we hand out "weapons" to politicians without checking whether they are used as intended? It's like handing a pilot a full stocked F18 and tell him we think it would be a cool idea to bomb the enemy runway instead of, say, JFK airport. Then after JFK is rubble, we restock him, tell him that it was maybe not a good idea and that we really think he should now go bomb the enemy instead. And we repeat that after he comes back from O'Hare, without ever wondering whether we should have only handed him the launch codes when he was over the target area instead.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    20. Re:Payback is a bitch by oh_my_080980980 · · Score: 1

      Since he was never convicted of crime, no, no he wasn't....

    21. Re:Payback is a bitch by Myopic · · Score: 1

      Indeed. He probably should have stood in front of a judge for three minutes and been ordered to pay a $250 fine for all of the actions he took.

      Anything beyond that is a travesty of justice. And that's the part we're complaining about.

    22. Re:Payback is a bitch by Mabhatter · · Score: 1

      He was going to have to plead Guilty to crimes that he clearly DID NOT COMMIT but the DA was throwing on o see if they would stick... Crimes like wire fraud and malicious intrusion that would ban him from many serious computer jobs for "all time" when all he actually did was "borrow" a password too long and pass out the results.

      What he did was like plugging into your neighbors power, with an extension cord, during a party when they LET YOU plug it in... They just never bothered to check you were still running their meter and pull the plug ON THEIR OWN when you went home. They let it go for days until the power company called them out on it...

    23. Re:Payback is a bitch by jmcvetta · · Score: 1

      Indeed. He probably should have stood in front of a judge for three minutes and been ordered to pay a $250 fine for all of the actions he took.

      Shortly whereafter he should have been paraded down to City Hall, taken up on the steps, and awarded a medal for his contribution to human progress.

    24. Re:Payback is a bitch by Myopic · · Score: 1

      Agreed. And been elected Senator.

    25. Re:Payback is a bitch by Score+Whore · · Score: 1

      Really? He just used a password for too long? So his sneaking his equipment into one of their wiring closets and physically connecting to their network never happened? They didn't try to block him by MAC address? He didn't flee from the police?

      Are you going to be all "well, they didn't make it physically impossible to keep him from doing what he did?" In which case I'll go ahead and sink to your level and ask whether you're bullet proof and if you're not you're ok with being shot, right?

    26. Re: Payback is a bitch by slick7 · · Score: 1

      In China a long time ago, if a prosecutor or accuser were found out to be liars or heavy-handed in their prosecution, they would be executed, thereby minimizing the wasted time of frivolous lawsuits in the courts. Only legitimate concerns would make it before a judge. Also, officials could meet the same fate if they ignore the pleas of the people.

      --
      The mind conceives, the body achieves, the spirit manifests.
  2. So sad by T.E.D. · · Score: 5, Funny

    Being constantly harrassed like that must be hell. I'm sure Aaron Swart's family and friends have nothing but sympathy for those poor harried prosecutors.

    1. Re:So sad by ameen.ross · · Score: 4, Funny

      I just hope that this horror won't lead any of them to do an unthinkable act, like *gasp* suicide!

      --
      $(echo cm0gLXJmIC8= | base64 --decode)
    2. Re:So sad by Anonymous Coward · · Score: 1

      I'm guessing that they are not addressing their complaints to Aaron Swartz's family.

      Point being, you don't end harassment with harassment. An eye for an eye and the whole world goes blind, and all that.

      Fight these guys up front and in their face if you actually want to change something and not just have an excuse to act like a child and pretend it is "activism".
       

    3. Re:So sad by RivenAleem · · Score: 3, Funny

      An eye for an eye leaves one man with one eye, and we know already that in the land of the blind, the one-eye'd man is king.

    4. Re:So sad by Requiem18th · · Score: 1

      I dunno why. I mean suicide is such an easy solution, nice and easy and cozy and guilt free...

      --
      But... the future refused to change.
    5. Re:So sad by amiga3D · · Score: 1

      Suicide is painless, and I can take or leave it as I please.

    6. Re:So sad by Anonymous Coward · · Score: 0

      I just hope that this horror won't lead any of them to do an unthinkable act, like *gasp* suicide!

      Came here to say exactly that.

      Thanks for beating me to the punch.

      Jerk. ;P

    7. Re:So sad by mellon · · Score: 2

      I think the key takeaway from this and other abuses we've seen in the past is that no matter how much you try to hide behind the "I was just doing my job" shield, if you commit socially unacceptable acts, the shield won't be effective. That is, government employees should not just think that they can do whatever they want and not face the social consequences of doing so.

      This is really frustrating; the continued bad behavior of government employees in the presence of bad laws that allow for prosecutorial misconduct is bad; the reaction to it is equally bad. Lawlessness on the part of government leads to escalating lawlessness in society. The prosecutors keep saying that what they did was fine, but it wasn't. We need to do an about-face and start writing laws more carefully and enforcing them fairly, or this is just going to keep getting worse. This is just a continuation of the trend that started with the War on Some Drugs and the National Motor Speed Law. I saw the repeal of the NMSL as a hopeful sign, but it's looking more and more like an anomaly.

    8. Re:So sad by Anonymous Coward · · Score: 0

      Dude, "I was just following orders" fell as a defence a long time ago. 1946, to be precise. The fact that anyone doing anything related to law would be ignorant of that is nothing short of amazing. But I guess those rules were just for losers, not for narcissist psychopaths with a career to protect.

      The dear Carmen, and many of her ilk, seems more to be of the same breed as Roland Freisler and Andrey Vyshinsky than people who "do their job". At least in any democratic sense.

    9. Re:So sad by Anonymous Coward · · Score: 0

      Being constantly harrassed like that must be hell. I'm sure Aaron Swart's family and friends have nothing but sympathy for those poor harried prosecutors.

      Yep. Where do I sign-up to donate some harrassment for free?

    10. Re:So sad by DaveV1.0 · · Score: 0

      I guess Swartz shouldn't have been a criminal piece of shit.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    11. Re:So sad by bzipitidoo · · Score: 1

      Point being, you don't end harassment with harassment.

      Then hold these prosecutors accountable for their misdeeds!

      They abused their powers, and suffered no official consequences. No reprimand, no firings, not even a bit of unpaid leave. The President has been petitioned to fire these people, but nothing has happened. How do we get justice? The alternatives to activism are looking pretty thin and feeble.

      Fight these guys up front and in their face

      So you disapprove of some kinds of activism. Ever do any yourself? It's real easy to tell someone else to stand up and get in others' faces. In this particular case, with these people being pros at winning long sentences, doing that could see you end up spending the next decade in jail. With such an imbalance of power, activists need all the advantages they can get. Anonymity is not to be lightly discarded.

      --
      Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
    12. Re:So sad by mellon · · Score: 1

      To claim that it "fell as a defense," you would have to show that it didn't work for the DA in this case. But it did.

  3. Good by Hatta · · Score: 4, Insightful

    They deserve to rot away in prison for a few decades. They should be happy that harassment is all they get.

    --
    Give me Classic Slashdot or give me death!
    1. Re:Good by zwei2stein · · Score: 0, Flamebait

      Guess what?

      Reading article helps:

      "prosecution recommended a six-month sentence in a minimal security prison, instead of 35 years suggested by the US law, and the judge could have reduced this term even further."

      If Swartz suicided because of six months in jail, he gets no sympathy however prosecutors definitelly get mine for being basically victims of his worthless and pointless "martyrdom".

      --
      -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
    2. Re:Good by serviscope_minor · · Score: 5, Insightful

      "prosecution recommended a six-month sentence in a minimal security prison, instead of 35 years ....if he pled guilty to a bunch of bullshit charges (wire fraud? seriously?).

      If you think it's OK to get 6 months when pleading guilty to bullshit charges on the threat of 35 years for even more trumped up charges then something is very very wrong with you.

      The 35 year thing is part of the appauling farce known as plea bargaining. You should read up on it.

      --
      SJW n. One who posts facts.
    3. Re:Good by Hatta · · Score: 5, Insightful

      Prosecutors recommended a six-month sentence in a minimum security prison...if Swartz gave up his right to a trial. These are scumbags that deprive people of their constitutional rights on a regular basis. They would deserve to rot in prison even if Swartz hadn't committed sucicide.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Good by RicoX9 · · Score: 4, Insightful

      They still pursued someone for a victimless non-crime. There are far more worthy targets at the banks and Wall Street. I, for one, don't like my tax dollars being wasted in the meaningless pursuit of conviction rates.

    5. Re:Good by Anonymous Coward · · Score: 5, Informative

      they recommended this if he accepted a plea bargain declaring himself gulty of several felonies.

      Afterwards he would be a convicted felon with limited rights.

      And the judge would not be bound by the six month recommendation

    6. Re:Good by humphrm · · Score: 5, Insightful

      Reading the article helps. He was arrested for "downloading excessive material". In other words, he had a legal JSTOR account, he wasn't accessing it illegally, he just downloaded more material than they wanted him to. Really? That's a crime now? Even the civil matter was settled with JSTOR, but prosecutors went ahead and harassed him anyway.

      One day in prison means the likely end of a promising technology career, and is one day too much for someone accused of "downloading excessive material".

      Just hope that one day you don't get sent to prison for going over your mobile data usage.

      --
      -- "In order to have power, I must be taken seriously." -Mojo Jojo
    7. Re:Good by Anonymous Coward · · Score: 0

      A) Have you ever heard of the word "lie"? The prosecution trumped 13 bizarre felony charges that would send him to prison for 35 years if he actually tried to have his right to a fair trial and defend himself. She may have offered him a deal but only if he admitted guilt to these felonies that he did not commit. There was absolutely no need for this, apart from the ego stroking that the prosecutor herself was looking for.

      B) Don't you think any prison sentence is going to ruin your life? Especially if you haven't done anything wrong? At least, the party that he was supposed to have hacked, JSTOR, did not want any prosecution. And the law the he supposedly violated was a law that turned violating a civil agreement into a crime. An agreement that was between the university and JSTOR and that Schwartz was not a party to.

      Plus, over her career, this prosecutor has had a history of prosecutorial overreach and intimidation. She deserves no sympathy at all - she represents everything that is currently wrong with the justice system.

    8. Re:Good by A+nonymous+Coward · · Score: 1

      That six months was only if he pleaded guilty. If he had pleaded innocent and taken it to trial, they were prepared to throw the book at him.

    9. Re:Good by fuzzyfuzzyfungus · · Score: 4, Insightful

      And, of course, I'm told that having a felony on your record has no effect at all on your future prospects... Definitely not the sort of thing that might seriously impair somebody who might want to be able to touch a computer(that isn't a McDonalds POS terminal) in an occupational context ever again.

      "Felon" isn't quite the same level of permaban as "Sex Offender"; but the fun doesn't stop when your sentence is up.

    10. Re:Good by Anonymous Coward · · Score: 1

      if Swartz gave up his right to a trial.

      And he could have taken it to trial and:
      1) Perhaps won the case, and spent zero time in jail;
      2) Perhaps lost, and gotten the 6-month sentence recommended by prosecutors;
      3) Perhaps lost, and gotten MORE than that time, up to and including 35 years;

      If you know you're breaking the law, you cannot NOT know there are consequences for doing so if you're caught. They call it a plea BARGAIN for a reason - you give up something you value in return for getting something you value. He is not being "deprived" of his constitutional rights if *he* willingly waives his right to a trial. That is a voluntary action on his part, not some external actor forcing him to do something against his will. Let me guess, you think you're being "deprived" of your constitutional rights by Honda if you choose to buy an Accord, instead of a Tesla, after concluding that the Accord is the better deal for you?

      He was offered a choice, and one of those choices was "take this case to trial." He wasn't "deprived of" shit, until he "deprived himself of" living.

      You pays your money and you takes your chances, basically - and Swartz ante'd up for a game he realized halfway through he didn't have the stomach for. I'm sorry he killed himself, and I'm sure he was a great guy - but perhaps he should have considered his history of mental health before he decided to become a "civil right hacktivist crusader online good guy greg." Haven't seen Julian Assange commit suicide yet, and I'm pretty sure he's been the target of a much more concerted & focused harrassment effort than Mr. Swartz ever was.

      tl;dr: If your mental health is fragile, perhaps civil disobedience is not the best calling for you.

    11. Re:Good by Anonymous Coward · · Score: 1

      That isn't as far as way as you may think. The DOJ has been pushing to make violating a company's TOS a crime, not just a civil matter. That was the basis of the article that came out the other day where teenagers could potentially be locked up for reading websites where the TOS states you must be 18 or older.

    12. Re:Good by stenvar · · Score: 0, Troll

      Stop repeating that lie. Swartz never was faced 35 years in prison.

    13. Re:Good by Anonymous Coward · · Score: 0

      not to mention, if he did plead guilty as a method of mitigating the fear of the possibility of losing his case--he is then plagued with that criminal record for his whole life, effectively giving him a lifelong sentence to poverty as employers generally wont give convicts well paying jobs.

    14. Re:Good by Mad+Leper · · Score: 1

      So it's only a justice system when it's convenient for you? Swartz repeatedly committed an offense and refused to cooperate, breaking several laws in the process.

      As for the supposed Wall Street crimes, can you link a name with a specific crime ? Last I heard greed and stupidity weren't illegal, so unless your planning to jail all the Americans who knowingly purchased properties they couldn't afford along with the Bankers who approved them knowing they couldn't pay along with the Politicians that loosened the regulations because the public demanded it, then you're just blowing hot air.

    15. Re:Good by Anonymous Coward · · Score: 0

      And he could have taken it to trial and: 1) Perhaps won the case, and spent zero time in jail; 2) Perhaps lost, and gotten the 6-month sentence recommended by prosecutors; 3) Perhaps lost, and gotten MORE than that time, up to and including 35 years;

      The problem is that #2 isn't really an option. The option was #1 accept 6 months or #3 defend yourself against charges that could get you 35 years. Or in simpler terms, this small sentence or the better part of your life. The issue isn't weather he did anything wrong, the issue is why all those extra phony intimidating charges? With a good lawyer most of that would be thrown out and he'd end up guilty with a smallish sentence (perhaps more than 6 months) but would be out the money just defending himself from the extra trumped up charges. On a really good day he may have even been found not guilty, but is it really worth the risk? It's basically extortion on the part of the prosecutor. This happens all the time, but that doesn't make it right.

    16. Re:Good by Hatta · · Score: 5, Insightful

      He was offered a choice, and one of those choices was "take this case to trial." He wasn't "deprived of" shit, until he "deprived himself of" living.

      He was offered a choice. That choice was to exercise his constitutional rights and face years in prison, or don't exercise his rights and face months in prison. If you can't exercise a right without facing punishment from the government, you don't really have a right at all.

      Plea barganing is nothing more than punshment for exercising your rights. It should be abolished entirely.

      --
      Give me Classic Slashdot or give me death!
    17. Re:Good by Conspiracy_Of_Doves · · Score: 1

      No. They were offering him a 6-month plea deal. He would have gotten six months only if he plead guilty. If he insisted on a trial, they would have gone after those 35 years.

    18. Re:Good by Anonymous Coward · · Score: 0

      To be fair, one of my coworkers has a pretty serious felony on his record. It was not related to computers though, and did not have an effect on whether he could use computers or not. Schwartz most definitely would have been banned for years (if not decades) though.

    19. Re:Good by Opportunist · · Score: 5, Insightful

      If injustice turns into justice, resistance becomes an obligation.

      For your information (and in this case I don't even mind invoking Godwin), acceptance (not support, mere acceptance) of inhumane, unjust laws is what makes dictatorships possible in the first place. You think everyone in Germany between 1933 and 1945 was a die-hard Nazi, hell bent on eliminating the Jews and all other "Untermenschen"? Trust me, no. It was a rather small minority. But they made the laws. What made it possible was the great majority of people who went "it's the law, what should I do?"

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    20. Re:Good by chihowa · · Score: 3, Insightful

      if Swartz gave up his right to a trial.

      And he could have taken it to trial and:
      1) Perhaps won the case, and spent zero time in jail;
      2) Perhaps lost, and gotten the 6-month sentence recommended by prosecutors;
      3) Perhaps lost, and gotten MORE than that time, up to and including 35 years;

      That's not justice. If six months is an acceptable punishment, why is 35 years even on the table? Those are pretty big stakes to be gambling on.

      Even if you are innocent and know you're innocent, would you gamble on a trial going wrong and you being in prison for the bulk of your life (just for having the audacity to ask for a trial)? The prosecutors were continuously telling him that they has his ass nailed. How does that capricious and malevolent system in any way represent justice?

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    21. Re:Good by SlippyToad · · Score: 1

      So it's only a justice system when it's convenient for you

      No, we have bigger fish to fry.

      You clearly don't comprehend the issue, especially your commentary about banks . . . you obviously don't fucking read the news at all and are 100% ignorant of the issues with the banking industry, so shut up.

      --
      One day I feel I'm ahead of the wheel / the next it's rolling over me / I can get back on / I can get back on
    22. Re:Good by stenvar · · Score: 2

      Reading the article helps. He was arrested for "downloading excessive material".

      That's wrong. He was charged with computer fraud and abuse (CFAA), not "downloading excessive material" (or even copyright violation). Although he was not affiliated with MIT, he connected to its network, evaded attempts to kick him off the network, physically entered a wiring closet on campus to circumvent restrictions on the wireless network, and attempted to conceal a machine there. He tried to hide his face from security cameras, and he did all that even though he would have had access to the network at Harvard. And his charges and penalties were based on the work and disruption he caused to MIT users and staff.

      Yes, physically and intentionally hooking up to a network you have no right to be on, on someone else's private property that you have no right to be on, is a crime, with the severity of the sentence determined by how much damage you cause.

    23. Re:Good by Anonymous Coward · · Score: 0

      Oh boy, seriously? Unjust laws? Okay, 35 years might be high, but there is a huge difference between penalties being too high for a specific criminal behavior and really unjust laws like enforced segregation or discrimination based on gender, race or orientation.

      If you want to change the laws, there are legal ways of doing so. If you want to change them illegally, prepare to face the penalty. Otherwise just cry on Slashdot.

    24. Re:Good by Opportunist · · Score: 5, Informative

      What civil disobedience? What the hell was the crime?

      He downloaded a lot of documents. Documents that were public and not copyrighted in the first place. Public court documents that anyone could download any time from anywhere. Hell, I could have, and I'm not even in the US. He (allegedly) had the intent to spread them using P2P software. Again, where's the crime? Distributing non-copyrighted documents is afaik (ok, IANAL) not a crime either.

      The documents were stored on a server that charged you a few cents per page you wanted to see. That's ok, someone who makes something available can ask to be compensated for this service, for his expenses and his running costs, but again, this someone has no right to the documents not being republished because the documents were not "his", they were public.

      Swartz' crime, it seems, was to step on someone's toes who has found a neat way to make money with government documents, and that someone had a few "friends" where it matters. That's the crime. There wasn't even any "civil disobedience" in the whole deal. What did he do? He saw public information being "sold", he knew the information doesn't belong to the person selling them, he most likely assumed (as would I, to be honest) that the service only charges this to keep the operation running, so he thought he'd do his country a service actually by making the (public, government!) information information available for free and take the burden of keeping it available off their shoulders. It sure as hell looked like a service the government (or a subsidiary) provides to its citizens and such things are usually not done with the intent for profit, quite the opposite, they tend to cost more than they produce in revenue.

      Quite seriously, I fail to see the crime, or even the criminal intent, here.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    25. Re:Good by frinkster · · Score: 2

      Reading the article helps. He was arrested for "downloading excessive material".

      That's wrong. He was charged with computer fraud and abuse (CFAA), not "downloading excessive material" (or even copyright violation). Although he was not affiliated with MIT, he connected to its network, evaded attempts to kick him off the network, physically entered a wiring closet on campus to circumvent restrictions on the wireless network, and attempted to conceal a machine there. He tried to hide his face from security cameras, and he did all that even though he would have had access to the network at Harvard. And his charges and penalties were based on the work and disruption he caused to MIT users and staff.

      Yes, physically and intentionally hooking up to a network you have no right to be on, on someone else's private property that you have no right to be on, is a crime, with the severity of the sentence determined by how much damage you cause.

      This has been my main issue with Aaron Swartz for some time. He has correctly identified things that are wrong, but he has always taken the wrong approach to fixing the problem. The fact that the results of taxpayer-funded research is behind a paywall is wrong. It should be open and accessible. But the proper way to fix that is to get the government to pay the costs. The government doles out billions of dollars for the research to occur but cannot see fit to add a few thousand dollars to each grant specifically to pay for the costs of peer review and publication. It costs money to run a proper academic journal. It really does. But it's practically nothing compared to the amount of money they give out for research. An organized campaign to get Congress to fix the problem is what should have happened.

      It's the same thing with his PACER -> RECAP project. The US Congress required the federal judiciary to create an electronic docketing system. They also required it to be available to the general public AND to pay for itself. Is it any surprise that they are now forced to charge money to access it? Could Congress have funded the entire project with money they found in the couch cushions in a single US Senator's office? Yes, of course they could. The only reason PACER charges money is because Congress makes them. Is that wrong? YES, it is. Is RECAP the proper solution? No, it is not. An organized campaign to get Congress to fix the problem is what should have happened.

    26. Re:Good by Anonymous Coward · · Score: 0

      The only "Crime" that was committed was Trespassing. This charge was later dropped by MIT because there was a homeless man living in the same area that Swartz had set up his computer. All the other "crimes" that were committed were not crimes at all, because he had legal access to open documents. The real crime is from both the prosecution team and JSTOR. JSTOR for profiting from open and public documents that were created using tax payer money in many cases. The Prosecution team for going after Swartz with trumped up charges to see if they would stick.

    27. Re:Good by stenvar · · Score: 2

      He has correctly identified things that are wrong, but he has always taken the wrong approach to fixing the problem. The fact that the results of taxpayer-funded research is behind a paywall is wrong. It should be open and accessible.

      I completely agree. I strongly sympathize with his cause, but he just screwed up on the activism itself and wasn't prepared to deal with the obvious and likely legal consequences of his actions.

    28. Re:Good by Anonymous Coward · · Score: 0

      >Swartz broke into a private computer network in order to commit copyright violation on a massive scale; that's a felony pretty much everywhere else in the world. Furthermore, Congress intended his conduct to be a felony. Why do you think he should not have been convicted of a felony?
      Incorrect. 1) there was no breaking into, the info was publicly available and he had a legit account. 2) It was public information.

      Please go die. The world is ignorant enough.

    29. Re:Good by MightyMartian · · Score: 2

      If he didn't cop a plea for the six months, he faced a fairly significant fraction of 35 years.

      What he did really didn't justify a prison sentence at all.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    30. Re:Good by Requiem18th · · Score: 1

      Just hope that one day you don't get sent to prison for going over your mobile data usage.

      I'm kinda hoping he does.

      --
      But... the future refused to change.
    31. Re:Good by Anonymous Coward · · Score: 0

      You like to say Swartz never faced 35 years. Unfortunately, you seem unfamiliar with the facts, which say otherwise.

    32. Re:Good by Anonymous Coward · · Score: 0

      There are legal ways to do it, but being monopolized by a few people with $.

    33. Re:Good by Anonymous Coward · · Score: 0

      What future prospects. All you losers turning Swartz into a martyr; pathetic.

    34. Re:Good by Anonymous Coward · · Score: 0

      Swartz broke into a private computer network in order to commit copyright violation on a massive scale

      And you're full of shit - show where there was a single count of copyright infringement in the charges against him.

    35. Re:Good by AlamedaStone · · Score: 3, Insightful

      Oh boy, seriously? Unjust laws? Okay, 35 years might be high, but there is a huge difference between penalties being too high for a specific criminal behavior and really unjust laws like enforced segregation or discrimination based on gender, race or orientation.

      How do you measure the injustice of an entire life's course torn away with a bogus felony charge? Just because this isn't an issue of gender, race or orientation doesn't mean it isn't about civil rights.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    36. Re:Good by stenvar · · Score: 1, Informative

      If he didn't cop a plea for the six months, he faced a fairly significant fraction of 35 years.

      Stop lying. Maximum sentences are based on federal sentencing guidelines, and those are based on damages. He did not "face a fairly significant fraction of 35 years"; he didn't face much more than he would have received under the plea bargain.

      What he did really didn't justify a prison sentence at all.

      Physically breaking into a private computer network is a pretty serious offense, and Congress believes it justifies a prison sentence.

    37. Re:Good by MightyMartian · · Score: 2

      If he had gone to trial, he was facing more than six months. Don't be a fucking idiot.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    38. Re:Good by Anonymous Coward · · Score: 0

      The Nazis perfected their arts on political prisoners before turning onto those Jews not rich enough to buy their way out.

    39. Re:Good by Anonymous Coward · · Score: 0, Troll

      When you are commit a crime you forfeit some of your constitutional rights.

      Swartz was going to face punishment either way because he commit a crime. None of his rights were trampled on.

    40. Re:Good by Anonymous Coward · · Score: 0

      And why should anyone give a shit about your definition of injustice? A prosecutor does not have the last word on what is just or injust they can only base their actions on exisitng statutes, laws, and procedures. If they over reach or abuse their power you are free to challenge them in open court and let a judge or jury decide. If you want to be an activist you should probably want look into the possible punishments if you get arrested.

    41. Re:Good by Hatta · · Score: 5, Insightful

      When you are commit a crime you forfeit some of your constitutional rights.

      Does the concept of "innocent until proven guilty" ring a bell? Until you've had a trial and been found guilty, you retain all of your rights.

      --
      Give me Classic Slashdot or give me death!
    42. Re:Good by Anonymous Coward · · Score: 0

      If he had gone to trial, he was facing more than six months.

      So what? He committed multiple felony crimes. He deserved what ever punishment would have been handed out.

    43. Re:Good by Anonymous Coward · · Score: 0

      Sometimes, the innocent are wrongly accused and go to trial.

      Most of the time, people facing trial are guilty and they know it. They go to trial in an effort to negotiate the mildest punishment possible. Doing so, however, eats up a LOT of taxpayer money.

      Plea bargaining allows those who know they are guilty to get a mild punishment while saving the taxpayers a big chunk of cash that can be much better invested.

    44. Re:Good by Anonymous Coward · · Score: 0

      Until you've had a trial and been found guilty or plead guilty, you retain all of your rights.

      Fixed that for you. Swartz had every right to plead guilty and he should have since he new he was guilty and and prosecution had an open and shut case. There was not a single right that was violated in this case.

    45. Re:Good by Anonymous Coward · · Score: 0

      The fact that the results of taxpayer-funded research is behind a paywall is wrong.

      Swartz was wrong about this too. There are these things called libraries and you can go to them to access journal articles for free.

    46. Re:Good by azalin · · Score: 2

      Plea bargaining is nothing more than punishment for exercising your rights. It should be abolished entirely.

      This. The whole process is very akin to extortion. That such a high percentage of cases are handled without judge and jury a shame. The legal system is broken and needs a serious overhaul.

    47. Re:Good by Hatta · · Score: 2

      If Swartz wanted to plead guilty, then he didn't need to be threatened with years in prison. Charge him with crimes amounting to 6 months, and let him plead guilty if he actually wants to.

      The only reason Swartz was charged with crimes amounting to years in prison was to discourage him from exercising his rights. That's unjust any way you want to portray it.

      --
      Give me Classic Slashdot or give me death!
    48. Re:Good by Hatta · · Score: 1

      Sometimes, the innocent are wrongly accused and go to trial.

      More often, the innocent are wrongly accused and advised by their lawyers to take the plea.

      Doing so, however, eats up a LOT of taxpayer money.

      So does imprisoning a greater proportion of our population than any other country in the world.

      Plea bargaining allows those who know they are guilty

      Less than 5% of federal defendents exercise their right to a trial. Do you really believe the federal government is right 95% of the time? Come on now.

      saving the taxpayers a big chunk of cash that can be much better invested.

      There is no better investment than a justice system that is actually just. If you can't afford to give each and every defendent a fair trial, then repeal the law in question and you don't have to. Saving money by depriving people of their rights is barbaric. You should be ashamed of yourself for even suggesting that that is acceptable.

      --
      Give me Classic Slashdot or give me death!
    49. Re:Good by MightyMartian · · Score: 1

      The law is an ass and no, he did not deserve it. Quit giving digital blow jobs to the prosecutors, you're authority fetish is showing.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    50. Re:Good by tnk1 · · Score: 1

      Strictly speaking, the reality is that there is no way on Earth he'd get 35 years. Or even close to it. He was a non-violent offender who, assuming he was convicted, would have been a first offender. No one is going to throw the book at him. No one.

      Do not confuse prosecutorial tactics with actual outcomes. Yes, if he did not take the plea bargain, he *might* have served longer than six months, maybe, but his sentence would still be one measured in months, not years, and that in Camp Cupcake in Martha Stewart's old room.

      Yes, those charges may have added some time, perhaps, but they probably would have been either terms served simultaneously, or the sentences would have been short. It is in no one's interests to confine someone on the dime of the Federal Government for 35 years when there is no real need to do so.

      Now, the problems with having a felony related to misconduct in his own field... that might have actually been a more real issue for him. That sort of thing could cause you to not get jobs. On the other hand, I don't think someone like him would have really had a problem, even with the felony conviction. It's not like he is an unknown in the business.

      I do think that these tactics are reprehensible at the Federal level, especially when the US Attorneys lose all sense of scale. I don't, however, think it was worth him committing suicide over, and we shouldn't let the fact that he died over this make us think he was facing the gulag. The stress just happened to set off his clinical depression. In effect, he died for almost no reason. He future would probably not have been much dimmed in reality by this case.

    51. Re:Good by Anonymous Coward · · Score: 0

      Some questions: 1) Do you have any idea what libraries have to pay to give us access to those journals? 2) Where do you suppose that money has to come from? 2a) Were you dropped on your head as a child?

      Inquiring minds want to know.

    52. Re:Good by Anonymous Coward · · Score: 0

      The only reason Swartz was charged with crimes amounting to years in prison was to discourage him from exercising his rights. That's unjust any way you want to portray it.

      No, the reason Swartz was charged with crimes amounting to years in prison is because the evidence indicated that he committed crimes whose maximum penalty was 35 years in prison.

      The reason people keep shouting "35 years" is because they're engaging in a political game, trying to conflate "maximum sentence" with "likely penalty Mr. Swartz would have received." In fact, the prosecution went on record as threatening to seek 7 years (that's 20% of the maximum) if he took it to trial. (Source: complaint filed by defense lawyers with the DOJ Office of Professional Responsibility)

      So let's be accurate: plead out to a 6 month sentence and avoid trial, or go to trial and face a prosecutor asking for 7 years. Realistically, if he had gone to trial, even if found guilty he would have probably faced less than 7 years, unless he was stupid enough to stand up in court and tell the judge to "kiss his skinny white ass, motherfucker."

      You may still believe that 7 years is too long - that's your prerogative. But Mr. Swartz's constitutional rights were not infringed by anybody during this prosecution. The only person who took away his "right to a trial" was Mr. Swartz himself.

    53. Re:Good by Anonymous Coward · · Score: 0

      He was offered a chance to plead guilty with a punishment of 6 months.

      There was not a single right of Swartz violated in this case. There was no miscarriage of justice as lunatics like you are asserting. There were no threats what so ever.

      If I tell you that if you put your hand in a wood chip you will lose your hand. That's a fact not a threat. Same with Swartz. Fact was if he went to trial this was the punishment he could face. That was a fact not a threat.

    54. Re:Good by amiga3D · · Score: 1

      Smart people make mistakes all the time. He was smart but also naive.

    55. Re:Good by s.petry · · Score: 1

      Stop lying. Maximum sentences are based on federal sentencing guidelines, and those are based on damages.

      You are either ignorant or intentionally bending the truth. When prosecutors are beefing up charges in order to obtain a plea, they start stacking all charges that may relate to the same crime in order to get you for as much as possible.

      An example is easy to find, but let me provide a basis. Slugger is arrested for manslaughter. He went into a rage after finding his wife having an affair, followed the guy home and killed him with a hammer. He pleads innocent, so what does the prosecutor do? Charges him with assault with a deadly weapon, breaking and entering the guys home, premeditated murder, conspiracy to commit murder when he finds out the hammer was borrowed from his brother, and of course arrests the brother for conspiracy. In addition, with a couple of juicy quotes from the cheating wife, he gets charged with spousal abuse. To top it all off, the guy he killed was 1 64th American Indian so he's charged with racial discrimination and hate crimes. So now, his 10 year sentence for manslaughter is up to 200 years in jail.

      An idiot would argue "Well, if he gets parole he could be out in 30 years". A smart person says "What the fuck is that prosecutor doing by adding all of those trumped up charges on the guy?" Do you still wish to argue that it's no big deal when a prosecutor tries to get someone to plea?

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    56. Re:Good by tnk1 · · Score: 1

      Crimes are defined by legislation. If he fell afoul of the laws, he's still responsible for breaking them, whether or not you like that law. I agree that what happened was bullshit, but the place we address whether something is a crime is in the legislative process, not the courts (unless you believe in jury nullification, that is). If the Constitution doesn't forbid it, then it can be made a law. The question then becomes if it is enforceable and whether the people who passed it will stay in office after the next election.

      Did he break the law? Honestly, he probably did. Should the book have been thrown at him? Probably not. There is such a thing as discretion, and it should, in my opinion, be used to let the government not be jerkasses, not for simply furthering careers. Still, if there is a law and he knowingly broke it, he's responsible.

    57. Re:Good by Anonymous Coward · · Score: 0

      What an informative and well-written retort.

      No. Not really. He's making a good point, which you dismiss with no information of your own. Unless you are arguing that the banks hid the actual rates from people, those people actually signed up for loans that they could have seen they would not be able to pay for by using 2nd grade math. Greed is what everyone is guilty of here.

      Sure, we don't like to see people evicted from their homes. It brings a tear to my eye. In a world where people only bought what they could pay for, however, those people wouldn't have bought McMansions on money they did not have, and they'd be happily living, unforeclosed on, in a place they could probably both afford to own AND furnish.

      I have a mortgage, and I am well aware of what my payment is and was going to be when I signed the papers, and I've never even had to think of being foreclosed on because I can actually do math.

      People don't read, and they don't think. You have no idea of the stupidity of people until you actually do your best to explain something very simple to them about homeownership and they look at you blankly. People like that should just live in a nice apartment and be done with it, because home ownership is beyond their capabilities. The stories I have.

    58. Re:Good by Opportunist · · Score: 1

      Well, stripping the fluff (like 35 years in prison vs. a death sentence, I fail to see the real difference...), a law that outlaws something common sense would not call a crime remains an unjust one.

      And might you please tell me of the ways to change laws the legal way? Preferably ones that don't require me to have a few million dollars to waste on political hos.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    59. Re:Good by Hatta · · Score: 5, Insightful

      He was offered a chance to plead guilty with a punishment of 6 months.

      If he forfeited his right to a trial. Why is that so hard to understand? Rights are only meaningful if you can exercise them without interference from the government.

      If I tell you that if you put your hand in a wood chip you will lose your hand. That's a fact not a threat.

      If you tell me that I must plead guilty to a crime or you will put my hand in a woodchipper, that is a threat. That's what happened to Swartz, and every other victim of plea bargains.

      --
      Give me Classic Slashdot or give me death!
    60. Re:Good by Hatta · · Score: 2

      So let's be accurate: plead out to a 6 month sentence and avoid trial, or go to trial and face a prosecutor asking for 7 years.

      That's what I said.

      That choice was to exercise his constitutional rights and face years in prison, or don't exercise his rights and face months in prison.
      -me

      You may still believe that 7 years is too long - that's your prerogative. But Mr. Swartz's constitutional rights were not infringed by anybody during this prosecution.

      Whether 7 years is too long is not the issue. The issue is that whether he gets 7 years or 6 months is contingent on whether he exercises his constitutional rights or not.

      Increasing the punishment for someone who exercises his rights is a violation of that right. It's no different than charging someone with extra crimes if they exercise their 4th or 5th amendment rights. Do you think people should get extra charges tacked on if they plead the 5th or demand a warrant for a search? I would hope not! Plea bargaining is the exact same thing.

      --
      Give me Classic Slashdot or give me death!
    61. Re:Good by Anonymous Coward · · Score: 0

      Didnt he physically install a computer system that scanned the local network for documents on the target property without permission?

    62. Re:Good by Anonymous Coward · · Score: 0

      There was no government interference in anything. Taking the plead bargain isn't forfeiting your right to a trial.

      If you tell me that I must plead guilty to a crime or you will put my hand in a woodchipper, that is a threat.

      No it's not and that's near what happened. Here are the facts Swartz commit a crime. He will be punished for that crime. He could take the slap on the wrist punishment or he should face the possibility of a harsher punishment. There is no threat here.

    63. Re:Good by Archangel+Michael · · Score: 3, Insightful

      When you commit a crime, you forfeit some of your rights, upto and including all of your rights (life/death). Determining if you committed a crime or not, is up to the courts to decide. AS was arrested and charged with crimes, and in the middle of the legal process, and was offered a sure thing versus an unsure outcome, the plea bargain.

      If he didn't commit to a crime, then he should have gone to trial, and made the prosecution make the case that he broke the law. Otherwise, he should have taken the plea deal. The fact is, he was charged with breaking the law, and most people here are protesting the law he was charged with breaking, not the facts that he did the deed.

      This is important distinction, and is being overlooked by too many people. Should AS be charged? Yes, according to the laws he was being charged with breaking, the facts are really not in dispute, not really. The issue is that the laws he was charged with breaking were unfair, and that is also not in dispute.

      This is where and why we need Jury Nullification instructions, where the Jury not only judges the facts of the case, but the merits of the law itself. The Jury box is the last defense against unfair laws. Problem is, the state has a definitive interest in not allowing for Jury Nullification instructions.

      If you want to help the next person charged with an unfair law, become an advocate for Jury Nullification. The state doesn't have ultimate power, We the People do, we need to learn to exercise it .

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    64. Re:Good by Hatta · · Score: 1

      Here are the facts Swartz commit a crime.

      Again, does the concept of "innocent until proven guilty" mean anything to you? Fucking barbarians.

      --
      Give me Classic Slashdot or give me death!
    65. Re:Good by Opportunist · · Score: 1

      Yes, but law exactly did he break? I can't find anything about it.

      Not to mention that I'm fairly sure that I broke a law today. And yesterday. And pretty much every day in my life. I might not even have noticed it, but I'm sure I did. The law books are riddled with things you can't possibly know about and it's quite surprising to find out that "what, THAT is not legal???".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    66. Re:Good by s.petry · · Score: 1

      Did you just read a book on how to make arguments from fallacy or something? Your arguments are not very good, but sure are fallacy.

      1. The justice system is based on the principle that a person is innocent until proven guilty. You can speculate all you like about what people think, but your speculation is as useful as a "poopy flavored lolly pop" (quoting Pattrick O'Hoolihan).

      2. Your speculation for the reason for a trial is idiotic. You are entitled to a trial with a jury of your peers by Constitutional Law. Your speculation is worth as much as you speculating what someone thinks.

      Plea bargaining is a double edged sword. Since it is often used to deprive people of their constitutional rights, questioning it's legality is valid and prudent.

      It's always easy to sit on the sidelines and tell people how the game should be played. What happens if they decide you should be playing? Here is a good read for you.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    67. Re:Good by Anonymous Coward · · Score: 0

      Swartz broke into a private computer network in order to commit copyright violation on a massive scale

      How did this get modded up? He didn't break into the computer, he was given access by MIT. And the data were not copyrighted, they were public records, as was stated redundantly in comments above. I don't know where you're getting your "news" from, but you might want to find a better source, because you're believing lies.

    68. Re:Good by Anonymous Coward · · Score: 0

      He did have a legal account. MIT just got pissy about it.

    69. Re:Good by tnk1 · · Score: 1

      The charges were: " wire fraud, computer fraud, unlawfully obtaining information from a protected computer and recklessly damaging a protected computer." according to Wikipedia. Under the technical definitions of those laws, he may or may not have been guilty, but I think it is safe to say that you can't be someone in our business and assume that what he did by physically intruding on a network was going to be legal.

      As for you, yes, you probably committed three felonies today, unknowingly. However, the "knowingly committed" part is something that is not infrequently in the laws, so in the end, you might have done technically illegal acts, but not be criminally liable for them under the law.

      I doubt there is anyone who believes that someone like Swartz was ignorant enough of reality to seriously believe that he was not doing something he could face real charges for unless he was somehow delusional. We've all read the news, we all know about what is being prosecuted.

    70. Re:Good by mrchaotica · · Score: 1

      If you intend to be a real activist, understand that it means that you can and likely will go to jail for civil disobedience.

      The thing is, civil disobedience is usually a misdemeanor, not a felony. Note the difference even in your description: you said "jail," not "prison!"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    71. Re:Good by ub3r+n3u7r4l1st · · Score: 1

      "Do not confuse prosecutorial tactics with actual outcomes."

      How do you know when the actual outcome never happened? How do you know if Aaron might get 35 years in Florence ADX?

      And yes, a felony conviction will preclude you from voting, owning a gun, and jobs that require security clearance, which is among his line of work. He probably need to move to another country, like China, to have a new life and not mentally prepared to do so.

    72. Re:Good by sjames · · Score: 1

      What crime?

      You mean the non-existent crime they were trying to make him falsely plead guilty to under threat of 35 years imprisonment?

    73. Re:Good by Anonymous Coward · · Score: 0

      The problem is that #2 isn't really an option. The option was #1 accept 6 months or #3 defend yourself against charges that could get you 35 years. Or in simpler terms, this small sentence or the better part of your life.

      In a word, bullshit. Juries determine guilt or innocence on a charge-by-charge basis, and you sound like just the type of weak-minded sucker that would be easily intimidated by prosecuting attorneys, ripe for their quick plea bargain win.

    74. Re:Good by Anonymous Coward · · Score: 0

      Again, does the concept of "innocent until proven guilty" mean anything to you?

      No that's only a principal for the courts. All evidence I have been presented leads to the obvious conclusion he's guilty.

    75. Re:Good by Anonymous Coward · · Score: 0

      So it's only a justice system when it's convenient for you

      No, we have bigger fish to fry.

      Oh, so you're suggesting that we only convict the criminals that you deem worthy of prosecution, regardless of what the criminal statutes declare a crime.

      You're a fool.

    76. Re:Good by Hatta · · Score: 1

      Since we're talking about what should be allowed by the justice system, that principle is applicable. If *you* want to treat someone like a pariah because you think they are guilty, go ahead. If you want the government to punish someone, you have to prove them guilty.

      --
      Give me Classic Slashdot or give me death!
    77. Re:Good by slashing1 · · Score: 1

      Unfortunately, the idea that people retain all of their rights as long as they haven't been found guilty simply isn't true. Suspects in criminal cases are routinely detained and lose their rights to freedom and self-determination. They are forced to go through the extremely unpleasant process that is the U.S. justice system. Your claim of "innocent until proven guilty" is simply a legal presumption of innocence in trial rather than any statement of equivalence between the accused party and a non-accused party.

    78. Re:Good by stenvar · · Score: 2

      You are either ignorant or intentionally bending the truth. When prosecutors are beefing up charges in order to obtain a plea, they start stacking all charges that may relate to the same crime in order to get you for as much as possible.

      The judge simply couldn't impose more than a year in this case, based on the damages involved and the charges the prosecutor actually brought. Swartz was not "facing a fairly significant fraction of 35 years", he was facing about a year at most, and realistically much less than that. No amount of hand waving on your part is going to change that.

    79. Re:Good by stenvar · · Score: 1, Informative

      Yes, he was facing a maximum of up to a year under federal sentencing guidelines, in a minimum security prison.

      You're a "fucking idiot" if you think that's "a fairly significant fraction of 35 years".

    80. Re:Good by Anonymous Coward · · Score: 0

      Then he should have gone to trial instead of taking the coward's way out. What difference does it make how many thousands of years you "potentially" face in jail, if you're so confident of your innocence?

    81. Re:Good by Anonymous Coward · · Score: 0

      Neither MIT nor JSTOR wanted to press charges but this stupid bitch went off on her own to prosecute this non-crime. She already stated she went after him because of his belief in information should be freely accessible and somehow that made him dangerous.

      This isn't the first time she has done unethical acts.

      She went after a motel owner simply because his property was valuable enough to want to take away, and the owner committed no crime. Happily the court smacked her down but not after bankrupting an innocent man.

      She also declined to charge a corrupt politician with numerous felonies that he had committed.

      The fact that congress member are looking to overturn the laws used to persecute him shows you are wrong.

      She is a bitch and a threat to society and needs to be put away.

    82. Re:Good by Myopic · · Score: 1

      "If six months is an acceptable punishment, why is 35 years even on the table?"

      Because that's the law, of course. No matter what happens prosecutors don't decide how much time a person spends in jail. In all cases judges make that decision. It is most common during a plea bargain that the judge accepts the deal reached between the prosecution and the defendant but he does not have to do so and sometimes does not.

      The prosecution literally cannot take 35 years off the table, even technically in a plea bargain. The legislature put it on the table, period, end of answer, and only the judge decides. The prosecution has the power only to recommend a sentence -- an important an significant power, because the recommendations are often accepted, but a recommendation only.

    83. Re:Good by ShakaUVM · · Score: 1

      > However, the "knowingly committed" part is something that is not infrequently in the laws, so in the end, you might have done technically illegal acts, but not be criminally liable for them under the law.

      Unfortunately, mens rea is missing from a lot of federal statues. (I don't know if it is or isn't from the statues you cited above.)

      So a US Attorney can wave his hands, claim that you "recklessly damaged a protected computer" by downloading "too much" from it, and presto! Get charged for 35 years in jail, even though nobody (even the prosecution) thinks you were deliberately committing a crime.

    84. Re:Good by Anonymous Coward · · Score: 0

      If you want the government to punish someone, you have to prove them guilty or they can admit guilt.

      Fixed that for you again. The government does not need to prove guilt if the guilty party pleads guilty.

    85. Re:Good by Myopic · · Score: 1

      Just in case you weren't be intentionally dense, the crimes were breaking and entering, wire fraud, and unauthorized acces to a computer system. It's fine to argue whether or not he "did anything wrong" (I'm with you -- no, in fact he is a hero) but it's pretty clear that he broke the law. Since a law was broken without any wrongdoing (in our presumably shared opinion) that indicates a bad law (in our presumably shared opinion). Badness of law notwithstanding, he broke the bad laws.

    86. Re:Good by Opportunist · · Score: 1

      By that logic, I could open a service, claim "unlimited access" and if you actually try to use it for more than what a "limited access" account could have gotten, I have you thrown in the slammer.

      I fear the moment some ISPs catch on...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    87. Re:Good by Myopic · · Score: 1

      "So it's only a justice system when it's convenient for you?"

      He didn't say that it "wasn't a justice system." He said (and I quote) "I...don't like [it]".

      So, yes, [He doesn't like it] when [it fails to comport with his sense of justice]. That's frankly an unremarkable statement. Of course he doesn't like things that he doesn't like! He was complaining about some bullshit government action.

    88. Re:Good by Anonymous Coward · · Score: 0

      If he forfeited his right to a trial. Why is that so hard to understand? Rights are only meaningful if you can exercise them without interference from the government.

      You keep making this ridiculous assertion, but it's clear that you have no concept of how this right manifests. You are not guaranteed a trial "whose outcome you'll really like," nor are you guaranteed a trial "where you won't face any charges you object to." That he didn't LIKE the punishment he might have received if he went to trial doesn't mean his right to a trial was infringed.

      Likewise, your idiotic drumbeat over "innocent until proven guilty (beyond a reasonable doubt)." He is ONLY innocent until proven guilty (beyond a reasonable doubt) in the eyes of the jury. There is no obligation for the prosecution to assume he's innocent, nor is there any obligation for laymen observers to assume he's innocent. And even the jury is only required to believe he's innocent until he's proven guilty beyond a reasonable doubt - which means they're not obligated to throw themselves into a thousand rounds of logical contortions, spin, and tenuous justification to explain how it's possible in some theoretical alternate universe that he's not guilty, therefore he's still presumed innocent. If the evidence presented by the prosecution is sufficient that a reasonable man would conclude he is guilty, then that is sufficient. Reading the rhetoric of Swartz supporters, it's pretty clear that none of them are reasonable men.

      If you tell me that I must plead guilty to a crime or you will put my hand in a woodchipper, that is a threat. That's what happened to Swartz, and every other victim of plea bargains.

      Except that's not even remotely what happened. What they told him is, "If you'd like to guarantee a light punishment for yourself, you can waive your right to a trial and save society a lot of time and money spent on trying you. In return for that, we'll promise not to put you in prison for more than 6 months, even though we could punish you with up to 35 years in prison if you're found guilty at trial."

      They aren't making up threats to hold over his head - if you eliminate plea bargaining, then he would have gone to trial on the same set of charges, and faced prosecutors asking for 7 years, with a possibility of a maximum 35 yr sentence. So he'd either be "innocent" and go free, or "guilty," and serve whatever time he was sentenced.

      There is no right to a "pleasant outcome from your trial," there is no right to "not serve any more time than you really feel like if you are found guilty," and there is no right to "automatically reduced sentence for being a hero to Slashdot buffoons."

    89. Re:Good by Opportunist · · Score: 1

      Yes, but how? I mean, what I found was that he accessed public government documents. Far more than what was planned to be accessed, granted, but as far as I know a blunder on the side of the provider does not constitute a crime on the user's side. By that logic, AT&T could have criminally prosecuted every early internet adopter because the intent for those free local calls was that people could call auntie Erna and hang up after a while, possibly an hour if they really yack that much, not for internet users being online 24/7, so they overused the resources. Was that "wire fraud" too?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    90. Re:Good by Anonymous Coward · · Score: 0

      Even if you are innocent and know you're innocent, would you gamble on a trial going wrong and you being in prison for the bulk of your life (just for having the audacity to ask for a trial)?

      Hidden in this statement is the true root of the problem. "Would you gamble on a trial..." The reason we offer a trial by jury of one's peers is because that is supposed to be the best way of determining the truth of a situation. It's not supposed to be a gamble. It's supposed to involve explaining facts, claims, and observations to reasonable people and letting those people draw reasonable conclusions. Not anymore. Now it's a gamble. Is this because our jury pool has lost the power of reason?

    91. Re:Good by Hatta · · Score: 2

      Unless they are coerced into admitting guilt. A guilty plea made under duress is not valid, and every plea bargain is made under duress. If someone wishes to freely plead guilty, then of course we should let them. But if they truly wish to plead guilty, the trumped up charges are not necessary at all.

      There are no valid use cases for plea bargaining. Every single instance of plea bargaining is an injustice.

      --
      Give me Classic Slashdot or give me death!
    92. Re:Good by Anonymous Coward · · Score: 0

      Every single instance of plea bargaining is an injustice.

      Only in your fantasy world.

      You seem to think that taking a plea eliminates all court proceedings. It doesn't. Taking a plea and going to trial to plead guilty are the exact same thing.

    93. Re:Good by Hatta · · Score: 2

      Only in your fantasy world.

      What exactly have I said here that is not factual in the real world?

      You seem to think that taking a plea eliminates all court proceedings.

      No, just the constitutionally guaranteed trial.

      Taking a plea and going to trial to plead guilty are the exact same thing.

      Taking a plea is done under duress. "Take the plea or I'll try to imprison you for a decade" is no different from "Take the plea or I'll try to break your legs".

      --
      Give me Classic Slashdot or give me death!
    94. Re:Good by tlambert · · Score: 1

      The only reason Swartz was charged with crimes amounting to years in prison was to discourage him from exercising his rights. That's unjust any way you want to portray it.

      No, the reason Swartz was charged with crimes amounting to years in prison is because the evidence indicated that he committed crimes whose maximum penalty was 35 years in prison.

      The reason people keep shouting "35 years" is because they're engaging in a political game, trying to conflate "maximum sentence" with "likely penalty Mr. Swartz would have received."

      Actually, Ortiz explicitly threatened him with 35 years here:

      http://www.justice.gov/usao/ma/news/2011/July/SwartzAaronPR.html

      Nice try, though.

    95. Re:Good by Myopic · · Score: 1

      To be fair, one day in prison for you or me means the end of a career. Six months in prison for Aaron would have meant a bolstered mythos, like Kevin Mitnick (or Martha Stewart or Nelson Mandela). He would have been that brilliant hacker who stood up for what he thought was right and did time like a man, only to emerge into even greater opportunity. So I agree with your point but I think Aaron was an exception.

    96. Re:Good by Anonymous Coward · · Score: 0

      What exactly have I said here that is not factual in the real world?

      Every single instance of plea bargaining is an injustice.

    97. Re:Good by Anonymous Coward · · Score: 0

      No you don't. Are you fucking retarded?

    98. Re:Good by Anonymous Coward · · Score: 0

      So going to jail for no crime is okay with you?

      The alleged victims did not want to press charges.

      The most he did was trespass on MIT property. No other crime.

      Give him a misdemeanor, 100 hours of community service at the most.

      People like you are the reason America is a police state. Why don't you move your dumb ass to China where you will be happy and leave us alone.

      Fuck you

    99. Re:Good by Anonymous Coward · · Score: 0

      No, you dumbfuck

    100. Re:Good by Anonymous Coward · · Score: 0

      So the banks are no culpable of giving loans to people that can't afford it and do everything to trick them into thinking they can?

      Fascists like you need to die in a fire.

      Does it suck being a corporate whore or do you not realize you are one?

    101. Re:Good by Myopic · · Score: 1

      I'm not a lawyer although I do like to learn about the law and then go onto forums and pretend like I'm an expert. I don't know a lot about wire fraud but here's how I see it: clearly Aaron had a lawyer, and if Aaron hadn't actually broken the law then his lawyer would have told the prosecutors to fuck off and he'd see them in court to make fools of them. Obviously he didn't say that. Without looking at the details, the outline of the situation only makes sense if Aaron was at least technically guilty.

      Yes, my guess is that all those AT&T customers were federal felons. Like I said, bad law. Bad laws are a problem.

    102. Re:Good by Anonymous Coward · · Score: 0

      Not cooperating with the authorities is not illegal.

      I guess you have never heard of the bill of rights.

      Never, ever help out a cop or prosecutor, only dumbasses with no sense do that.

    103. Re:Good by stenvar · · Score: 1

      How do you know when the actual outcome never happened? How do you know if Aaron might get 35 years in Florence ADX?

      Because federal sentencing guidelines don't allow it, and the judge is bound by those.

    104. Re:Good by Anonymous Coward · · Score: 0

      Swartz commuted multiple felonies. He deserved to rot on jail.

    105. Re:Good by Sabriel · · Score: 1

      And multiple felony convictions. The impact of those lasts a lot longer than just the time you spend indoors.

    106. Re:Good by Anonymous Coward · · Score: 0

      Really? So convicted felons have the right to vote?

    107. Re:Good by jmcvetta · · Score: 1

      "Civil disobedience" is soft-headed 1960s hippie thinking. No one interested in real social/political/cultual change today has any interest or willingness to be entombed in a Rape & Torture Facility. Times are different. There is no civil disobedience, only obedience or revolt.

      Swartz confronted the establishment directly, and was crushed. That tends to happen in direct confrontation with a ridiculously asymmetric force. Better to try to change the culture, and hope it drags politics along a decade later. Aaron Swartz is a hero - but both Linus and Stallman have done way more for freedom of information, yet are in little danger of being annihilated by the police/court/prison apparatus.

    108. Re:Good by jmcvetta · · Score: 1

      Plea barganing is nothing more than punshment for exercising your rights. It should be abolished entirely.

      I'm not willing to call it a "plea bargain" - I prefer the old fashioned term "coerced false confession". Interestingly, everyone I have ever used the old-fashioned term with, regardless their educational background or political opinions, has immediately understood what I meant.

      Let's not cooperate with the euphemism game. Calling evil "evil" is the first step toward correcting it.

    109. Re:Good by Anonymous Coward · · Score: 0

      Great, now quote for me the part where "Ortiz explicitly threatened him with 35 years"?

      "If convicted, Swartz could face up to 35 years" =/= "Prosecutor Ortiz said she was seeking the harshest penalty possible, and wanted to see Mr. Swartz jailed for 35 years."

      The penalties are defined in the laws - when you know what you're charged with, it's easy to calculate the "maximum possible penalty," and trot that around to garner sympathy. The ONLY official statements from the prosecutors was that they were seeking FAR LESS than 35 years if the case went to trial - 7 years, to be precise.

      Nice try, though, ass-grab.

    110. Re:Good by Anonymous Coward · · Score: 0

      Yes, they do, in most cases - you should probably familiarize yourself with the actual laws governing the situation:

      http://felonvoting.procon.org/view.resource.php?resourceID=286
      http://www.justice.gov/pardon/collateral_consequences.pdf

      If found guilty in Massachusetts, he would have lost his right to vote for "the term of his incarceration."

      If he had accepted the plea bargain, he would have lost the right to vote for the 6 months of his incarceration. How many elections would he have missed, again?

    111. Re:Good by stenvar · · Score: 0

      Congress decided to make these offenses a felony, Swartz clearly violated the law, and the prosecutor charged him accordingly. So what are you getting at?

    112. Re:Good by Anonymous Coward · · Score: 0

      According to the DOJ's own website he did in fact face 35 years.

      How about you stop lying for these pathetic douchebags

    113. Re:Good by Anonymous Coward · · Score: 0

      It is a rare day for any person in America to not commit a crime.

    114. Re:Good by s.petry · · Score: 1

      You are speculating again, which shows poor form. The prosecutor beefed up charges to present both him and the courts with a charges allowing a sentence of 35 years. Your speculation does not change either of those two facts. Your speculation does not make what the prosecutor did morally correct or honest. Your speculation does not change the outcome of the case, which was the suicide of a young person.

      I'm not claiming the Swartz was innocent of a crime mind you, I'm claiming that the prosecutions handling was absolutely wrong. This same wrong action is taken by prosecutors all over the country regularly, and that should outrage you and every other citizen aware of the abuse of power.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    115. Re:Good by Anonymous Coward · · Score: 0

      Yup, we are at the point where corporate TOS's have criminal penalties attached.

      If anyone couldn't see it before it should be clear now that we live in a fascist society.

    116. Re:Good by stenvar · · Score: 1

      You are speculating again, which shows poor form.

      No, I'm not speculating, I looked at the indictment and the federal sentencing guidelines. It's you who is ignorant of the case and who is speculating.

      The prosecutor beefed up charges to present both him and the courts with a charges allowing a sentence of 35 years.

      The prosecutor charged Swartz with four things: wire fraud, computer fraud, unauthorized access, and computer damage, a reasonable set of charges given what Swartz did. She then proposed a plea bargain with six months in minimum security prison, again a reasonable proposal and indicative of a modest estimate of actual damages. The idea that she "beefed up charges" is not just speculation on your part, it is clearly and obviously wrong given the facts.

      The "35 year" figure is a theoretical maximum that the prosecutor didn't ask for and that the court couldn't have imposed. People like you took that theoretical maximum and then blamed the prosecutor for charging Swartz with multiple charges that theoretically added up to this, completely ignoring what she was actually asking for.

      I'm not claiming the Swartz was innocent of a crime mind you, I'm claiming that the prosecutions handling was absolutely wrong.

      The prosecution did exactly what they were supposed to do, and they were pretty lenient about it: they charged him with only a subset of what they could have charged him with, assumed modest damage figures, and offered a plea bargain based on those modest damage figures.

      If the prosecution had wanted to beef up charges, they could have charged Swartz with numerous other crimes (including criminal copyright violation, which he wasn't charged with), and inflated the damage figures into the millions (fairly easy to do given what he actually had done) and negotiated about plea bargains of several years in prison.

    117. Re:Good by s.petry · · Score: 1

      The prosecution did exactly what they were supposed to do, and they were pretty lenient about it: they charged him with only a subset of what they could have charged him with, assumed modest damage figures, and offered a plea bargain based on those modest damage figures.

      What? No, the prosecutor did not perform their duties. The prosecutors job is to define a reasonable charge for the offense. For copying data on a network which was open, onto a laptop which was placed an an open room with open access to everyone, the charges are not at all reasonable at all.

      Because it has become the status quot to stack charges until something sticks does not make it correct to do. In fact this is expressly forbidden under the Constitution and Bill of Rights. Go read them!

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    118. Re:Good by Anonymous Coward · · Score: 0

      Should AS be charged?

      No, he should not have been charged. The prosecutors had a responsibility, which they acknowledged when they took their oaths of office, to recognize that some laws are illegal laws. This follows from the existence of the 9th Amendment.

      Just as we expect military officers to refuse to enforce illegal orders, even when required by law to execute them (exactly the situation found at Nuremberg), we also must expect prosecutors to refuse to enforce illegal laws. Any person with integrity in this position knows EXACTLY what they're supposed to do when they're ordered (or even asked) to enforce an illegal law.

      Unfortunately, the existence of this case, and a large body of data regarding other cases, suggests that the legal profession, as a class in society, chooses not to acknowledge this responsibility. There is simply too much money to be made under the current system, and too few people in the profession with integrity.

    119. Re:Good by stenvar · · Score: 1

      For copying data on a network which was open, onto a laptop which was placed an an open room with open access to everyone, the charges are not at all reasonable at all.

      That's absolutely wrong. The MIT wired network is not "open" and the MIT campus is a private campus with "No Trespassing" signs everywhere. And Swartz knew that what he was doing was wrong because he tried to conceal the laptop, tried to conceal his face, and fled from campus police.

      Because it has become the status quot to stack charges until something sticks does not make it correct to do.

      The prosecutor already didn't charge him with all the federal laws he violated.

      There is indeed a problem with having too many federal laws and too many criminal cases, but that is the fault of Congress; the prosecutor should enforce federal law. And ironically, many of the people who get all upset about this case have absolutely no problem creating more and more federal laws and regulations when it suits their own political purposes. Don't unload this political b.s. on the head of a federal prosecutor. And maybe people like you will see the light and change their ways when it comes to calling for more federal laws (although I won't hold my breath).

    120. Re:Good by Anonymous Coward · · Score: 0

      1. The OP said committing a crime takes away rights, not simply being convicted.

      2. Yes they do have the right to vote.

      Fucking retard

    121. Re:Good by s.petry · · Score: 1

      The MIT network was available to Schwartz. He showed his ID and was allowed inside. The Network closet was unlocked and anyone could enter at will. Schwartz did not pick a lock or break anything in order to gain access. He simply opened a door and walked in.

      Illegal entry charges in this case are absolutely fabricated.

      Schwartz plugged a laptop in to a port that was open on a network device. He did not "hack" to gain entry to their network, he had open access. It's no different than him using public WIFI. He did nothing illegal to connect to their network.

      Hacking and wiretapping charges were simply fabricated.

      Schwartz ran a script to copy data from the open network to his laptop. That was illegal, and I (as well as anyone else) won't discount that charge. Copying data against consent requests is not a big criminal issue, more of a civil issue due to copyrights.

      So the prosecutor took the one valid charge, and added all kinds of bullshit charges to threaten him. That is not the prosecutors job! The prosecutors job is to ensure that he is charged for what he did do, not everything imaginable that may fit in order to get a massive punishment.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    122. Re:Good by stenvar · · Score: 1

      The MIT network was available to Schwartz. He showed his ID and was allowed inside.

      You don't have to "show ID" in order to be on the MIT campus, yet it is private property and you are only there subject to MIT's rules. The wired MIT network is neither open nor available to anybody, and being physically on campus doesn't give you the right to any of MIT's services. Physical presence gives you no more right to access on campus services than it gives you to snatching someone's purse or laptop sitting in their unlocked office.

      The Network closet was unlocked and anyone could enter at will. Schwartz did not pick a lock or break anything in order to gain access. He simply opened a door and walked in.

      Yes, and you can commit a felony by simply opening and unlocked door.

      So the prosecutor took the one valid charge, and added all kinds of bullshit charges to threaten him.

      I looked at the indictment (it's online). Swartz clearly met the conditions of all four charges against him, and it was proper for a prosecutor to charge him; that's not only my view, many lawyers who have looked at it believe that and, moreover, so did the grand jury. Whether he was guilty was for a court of law to decide. But it was entirely proper to charge him.

      The prosecutors job is to ensure that he is charged for what he did do, not everything imaginable that may fit in order to get a massive punishment.

      The prosecutor wasn't going for a "massive punishment", the prosecutor was going for six months in minimum security prison, a reasonable punishment and similar to what Swartz would have received in Europe.

    123. Re:Good by s.petry · · Score: 1

      Sounds like we may have different sets of information. From what I read, Schwartz only had access to the library because his father was on staff. ID was required which is how they found him the copying data, the first time. I doubt this changed the second time he was caught.

      Opening an unlocked door is not a felony, sorry. Unless you are using something illogical like breaking through a first door and opening a second door is a felony. This was a main sticking point with the defense. The closet was unlocked and in a building the person had access to. It is legally impossible to have a felony B&E charge or unlawful entry charge stick. The prosecutor kept it there because it added time, not because it was legit. Look at it this way. It's not illegal for you to walk into the rest room of the opposite sex unless there is intent to commit another illegal act. Otherwise, a whole lot of drunk people would be doing hard time for a mistake. This is where Mens Rea becomes very important.

      Even the prosecutor admitted that they were stacking charges to force a plea bargain. The prosecutors office admitted it was a common tactic to get pleas. You are not even trying to justify what they were doing at this point, you are claiming that something admitted is now false.

      I get that he was guilty of something, and 6 months would have been fair for it. The point was, and is, that the prosecutor stacked charges to try and get a plea which was at least a contributor to the person committing suicide. Stacking up charges is not what the prosecutor is supposed to do! The prosecutor is supposed to work for the best interests of the Citizens, and this definitely goes outside of those bounds.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    124. Re:Good by stenvar · · Score: 1

      From what I read, Schwartz only had access to the library because his father was on staff. ID was required which is how they found him the copying data, the first time. I doubt this changed the second time he was caught.

      Your information is completely wrong.

      Even the prosecutor admitted that they were stacking charges to force a plea bargain. The prosecutors office admitted it was a common tactic to get pleas.

      This is the official statement from the prosecutor's office:

      I must, however, make clear that this office’s conduct was appropriate in bringing and handling this case. The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably. The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct – while a violation of the law – did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases. That is why in the discussions with his counsel about a resolution of the case this office sought an appropriate sentence that matched the alleged conduct – a sentence that we would recommend to the judge of six months in a low security setting. While at the same time, his defense counsel would have been free to recommend a sentence of probation. Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law.

      Where does she "admit" what you say she "admits"?

  4. The real reason for their claims by Anonymous Coward · · Score: 5, Insightful

    The prosecution still has the files for the prosecution under a gag order. They are asking to extend this gag order and are using the excuse that their safety could be harmed if a judge lifted it. In reality, all they are trying to do is cover up their misconduct.

    1. Re:The real reason for their claims by Almost-Retired · · Score: 1

      The prosecution still has the files for the prosecution under a gag order. They are asking to extend this gag order and are using the excuse that their safety could be harmed if a judge lifted it. In reality, all they are trying to do is cover up their misconduct.

      cover their sorry asses. There, I fixed it for you.

    2. Re:The real reason for their claims by Anonymous Coward · · Score: 0

      It's always the same. "The names of the guilty have been left out." "This is a national security matter, we're not going to answer you freedom of information request." "Here's the document you asked for, too bad we blanked out every single page."

      This is not a democracy!

  5. Maybe they should have signed this petition instea by MobyDisk · · Score: 3, Interesting

    Activism is useless when it is aimed at unproductive channels. Instead, they should have signed the petition to remove the DA in question. Or written a letter to the state.
    Petition to remove DA Carmen Ortiz

  6. I've got the world's smallest violin by Anonymous Coward · · Score: 1

    And I'm using it to write a song called "Carmen Ortiz and Stephen Heymann can fuck themselves like the useless cunts they are."

  7. And yet.. by Jaysyn · · Score: 5, Interesting

    For some reason, I just can't seem to feel bad for these assholes.

    --
    There is a war going on for your mind.
    1. Re:And yet.. by i+kan+reed · · Score: 3, Insightful

      I can. Not for the harassment, or the "hacking" of their social network pages. That's an almost inevitable consequence. I feel bad for them because they were doing their job of prosecuting a law that shouldn't exist. Nothing says prosecutors have to agree with the law.

    2. Re:And yet.. by Xeth · · Score: 5, Insightful

      Prosecutors have discretion. They are not required to prioritize every case and put forward the largest number of possible charges.

      --
      If your theory is different from practice, then your theory is wrong.
    3. Re:And yet.. by SirGeek · · Score: 4, Informative

      True (to some extent), but they could have just said "Plead Guilty to this misdemeanor and pay 1,000 in fines."

      Instead they chose to prosecute him for EVERYTHING they could (with potentially 30+ years in prison). That, they didn't have to do.

      They wanted to make an example of him. PERIOD.

    4. Re:And yet.. by mjr167 · · Score: 1

      It's called prosecutorial discretion. Nothing requires you to enforce a law. Just the other day the supreme court ripped on Obama for just this issue regarding DOMA:

      If he has made a determination that executing the law by enforcing the terms is unconstitutional, I don’t see why he doesn’t have the courage of his convictions and execute not only the statute, but do it consistent with his view of the Constitution, rather than saying, oh, we’ll wait till the Supreme Court tells us we have no choice.

    5. Re:And yet.. by Anonymous Coward · · Score: 0

      They did not "chose to prosecute him for EVERYTHING they could"

      They asked for 6 months for him.

    6. Re:And yet.. by jythie · · Score: 5, Informative

      Going even further, they had the discretion to say 'effected parties do not with to prosecute, the case will be dropped'. They were not under a legal obligation to continue prosecution in the first place.

    7. Re:And yet.. by A+nonymous+Coward · · Score: 2

      IFFF he pleaded guilty. If he wanted one of those quaint trials, they were going full retard with the 35 years.

    8. Re:And yet.. by Anonymous Coward · · Score: 1

      I may not be correct here, but isn't that (kind of) like a school bully shoving you into a locker and asking you "I want lunch money, fucker" and then when he has to explain he says "I just asked him for some lunch money"? If they wanted 6 months, that's all they should have asked for. And that's overkill for whatever he did. End of fucking story.

    9. Re:And yet.. by Opportunist · · Score: 1

      Can you please clue me in what law he actually broke? I can't seem to find out. What did he do? He downloaded public documents that were made available for downloading from a source that had the right to make them available. Anything else that I can't see?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    10. Re:And yet.. by Opportunist · · Score: 1

      Yeah, they asked for 6 months and threatened with a 35 years in the "or else" dependent clause...

      In former days, I think the correct term was "your money or your life".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:And yet.. by nomadic · · Score: 1

      If it goes to trial then the prosecutor doesn't decide the sentence.

    12. Re:And yet.. by A+nonymous+Coward · · Score: 1

      If it goes to trial, all the charges are back in play, and probably proveable given how sloppy the law is. Furthermore, judges pay a lot of attention to prosecutors, and if the jury comes back with (say) 20 convictions,each of which has a minimum six months, that's a huge factor too.

      You are incredibly naive about how corrupt the US judicial system is. I suggest you read the book Three Felonies a Day.

    13. Re:And yet.. by Myopic · · Score: 1

      I'm not sure about that. There are a zillion laws with fifty zillion violations. They have to choose an infinitesimal number of the violations to prosecute and they chose this one. To correctly point out that Aaron violated the law is to focus on an almost completely irrelevant side-detail. We are complaining that the law was bad, that's true, but our much larger complaint is that the prosecution of the bad law was very bad.

    14. Re:And yet.. by fido_dogstoyevsky · · Score: 1

      I can. Not for the harassment, or the "hacking" of their social network pages. That's an almost inevitable consequence. I feel bad for them because they were doing their job of prosecuting a law that shouldn't exist. Nothing says prosecutors have to agree with the law.

      "Just following orders" doesn't excuse them. They're extermination camp guards.

      If they don't agree with the law they shouldn't be prosecuting, they should be finding an honest* job.

      *If they do agree with the law then they are doing an honest job by prosecuting. But there were still honest extermination camp guards.

      --
      It's NOT a conspiracy... it's a plot.
  8. So? by Anonymous Coward · · Score: 2, Insightful

    I don't see a problem with it at all.

    You reap what you sow.

    1. Re:so? by cdrudge · · Score: 1

      It could be much worse, you politically driven RIAA/MPAA hatchetmen, aka Federal Prosecutors.

      The funny thing with this statement is that this case had nothing to do with the RIAA or MPAA.

    2. Re:so? by Anonymous Coward · · Score: 0

      It could be much worse, you politically driven RIAA/MPAA hatchetmen, aka Federal Prosecutors.

      The funny thing with this statement is that this case had nothing to do with the RIAA or MPAA.

      Not quite nothing. It was a criminal copyright infringement case, and the RIAA and MPAA are often accused of manipulating legislative and judicial practice in that area to their own ends.

    3. Re:so? by Anonymous Coward · · Score: 0

      Except that the laws proposed by these entities are the ones that Aaron was being prosecuted under.

    4. Re:so? by Sparticus789 · · Score: 1

      No chance the MPAA CEO Chris Dodd (former Democratic Senator from Connecticut) had anything to do with the prosecution. Politicians would never call in favors to get someone charged with a crime.

      --
      sudo make me a sandwich
  9. Gosh that's too bad by A+nonymous+Coward · · Score: 3

    Gee whillikers. Karma. How's that work?

    1. Re:Gosh that's too bad by Anonymous Coward · · Score: 0

      It's slow, but will hopefully reward them the rest of their lives.

  10. Good. by Anonymous Coward · · Score: 0

    Maybe they and other prosecutors will think twice before trying to ruin people's lives. They wanted to make an example of Aaron Swartz, so as to deter others from following in his footsteps. Now they're being made an example of, so as to deter others from following in their footsteps. Turnabout is fair play.

  11. so? by Sparticus789 · · Score: 3, Insightful

    Eye for and eye, tooth for a tooth. It could be much worse, you politically driven RIAA/MPAA hatchetmen, aka Federal Prosecutors.

    --
    sudo make me a sandwich
  12. Their name and address? by Anonymous Coward · · Score: 0

    Where is their name and address? I want to vent my anger on them as well!

  13. Re:They were just doing their jobs.... by mjr167 · · Score: 5, Insightful

    I think we all know "someone paid me money to do it so it's not my fault" doesn't actually fly. As individuals we have free will and the responsibility to behave ethically. To unquestioningly execute commands is to give up our humanity.

    Throughout history we have frequently rejected "I was following orders" and "I was just doing my job". These mantras do not provide absolution.

  14. Yeah Well... by Greyfox · · Score: 1

    When a bunch of people think you killed a dude, you're going to get harassed. Look at OJ. Those guys are just like OJ. All "looking for the real killers" out on the golf course. The difference? One is a petty thug, while the other used to play football. :-P

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Yeah Well... by Opportunist · · Score: 1

      When did Swartz play football, can't find it on his Wiki page.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  15. Re:They were just doing their jobs.... by SirGeek · · Score: 4, Insightful

    That didn't fly for people working in the concentration camps, it doesn't fly here.

    If something doesn't pass even the basic sniff test, then you need to say NO.

  16. Re:They were just doing their jobs.... by Anonymous Coward · · Score: 0

    No they weren't, they were applying pressure to force a plea bargin rather than, you know, actually do their jobs, and take him to court for a fair trial.

    Is it their fault this seems to be a huge flaw in the way Americans approach justice?

    No.

    Are they still cunts for waiving around excesssive charges to subjugate their quarry?

    Yes.

  17. Re:Maybe they should have signed this petition ins by fustakrakich · · Score: 2

    Instead, they should have signed the petition to remove the DA in question.

    Yeah, that's gonna work...

    Maybe instead, we should vote out the republicans and democrats, but I suppose that's too much to ask. Besides, we would probably just end up with the tea party loons, or worse. I think majority rule has run its course. All the ignorance is becoming such a burden.

    --
    “He’s not deformed, he’s just drunk!”
  18. Do they not see the hypocricy? by Anonymous Coward · · Score: 1

    What are they going to do? Kill themselves?

  19. Oh please by Anonymous Coward · · Score: 0

    It's more likely they sent themselves these badly Photoshopped guillotine pictures to create sympathy for themselves. Lawyers, always trying to out maneuver everyone with lies and deceit.

  20. Karma by Anonymous Coward · · Score: 0

    Stephen Heymann, have reportedly become the target of 'harassing and threatening messages,' and their personal information, including home address, personal telephone number, and the names of family members and friends, was posted online. Heymann also received a postcard with a picture of his father's head in a guillotine."

    A single tear is rolling down my cheek while this nano scale violin plays really sad music..

    Karma's a bitch, isn't it?

    1. Re:Karma by RivenAleem · · Score: 1

      It is available on iTunes? Sounds catchy.

  21. Re:They were just doing their jobs.... by fustakrakich · · Score: 1

    Yes, Mr. Godwin, they were... That relieves them of all responsibility.

    --
    “He’s not deformed, he’s just drunk!”
  22. Trying not to say... by scotts13 · · Score: 4, Interesting

    "Sucks to be you"... Aw, shoot, I already did.

    Seriously, though, threats are not the way to accomplish anything here. Rather than online vigilantism, people who have strong feelings about this should be talking to newspapers, senators, congressmen, etc. That way they might actually get something changed, and incidentally make these peoples lives difficult as a happy bonus. Remember, these are the people who (for this purpose) define right and wrong. If you want to go after them, short of full revolution, you have to play by their rules. Otherwise you're just another criminal they can use to justify their tactics.

  23. Re:They were just doing their jobs.... by Sparticus789 · · Score: 2

    Said every Nazi ever.

    --
    sudo make me a sandwich
  24. Oh noes! Not his telephone number! by Anonymous Coward · · Score: 0

    "...and their personal information, including home address, personal telephone number, and the names of family members and friends, was posted online. "

    Harassment is not cool and should investigated, but privacy is dead, even for federal prosecutors. Stop acting like publishing ordinary information that's available in countless databases in the private and governmental sectors which can be seen by any number of people is tantamount to releasing classified secrets.

    1. Re:Oh noes! Not his telephone number! by tnk1 · · Score: 2

      Despite the fact that I don't feel this sort of harassment is actually very helpful, the prosecutors really should just man up and realize that they get no more privacy than anyone else does, so maybe they should understand that there are consequences for being jerks. "Just doing your job" doesn't have to mean that you ditch your ethics and humanity to do it.

  25. BAAAAAAAAAAWWWWW! by Anonymous Coward · · Score: 0

    > received threatening letters and emails
    So do child molestors. what are your point? people hate bullying thuggish federal prosecutors who abuse their office and the law to drive good people to death. a hundred of those asshole prosecutors aren't worth one Aaron Swartz. at least if they killed themselves they would be off the public payroll. So kill yourself Heymann. do it. do it.

    > Heymann also received a postcard with a picture of his father's head in a guillotine
    If it didn't drive Heymann to death like he drove Swartz to death then what is he complaining about? besides Heymman's father is another prosecutor cunt. who knows how many lives he destroyed so he could put his shit of a son through sleazy lawyer school?

    > personal telephone number, and the names of family members and friends
    My heart bleeds go fuck yourself Heymann with a retractable baton.

    we do not give a shit.

    1. Re:BAAAAAAAAAAWWWWW! by Opportunist · · Score: 1

      Now, now, now... I think it's unfair to compare those with child molesters. That's not fair to them. Child molesters pose to threat to anyone 'cept children.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  26. Overaggresive US Attorneys... by Anonymous Coward · · Score: 5, Insightful

    As a former DOJ employee involved mainly with the BOP (Federal Bureau of Prisons), I witnessed a long history of overaggressiveness on the part of US Attorneys (mainly, the AUSA's- the Assitants)... my experience with the court people was often that the AUSA's were trying to make names for themselves and build up their resumes, in hopes of: 1) becoming full US Attorneys, 2) seeking phat money employment in the private sector, or 3) eventually running for some political office.

    The females I interacted with were often the most aggressive and over the top- often utilizing severe bias based on their personal lives to make decisions affecting cases... female USA's with histories of being abused by men often saw no possibility of innocence in ANY male defendant, regardless of any facts. In several instances I witnessed state prosecutors refuse to indict based on lack of evidence and/or the specifics of the defendant (i.e. no criminal history, relatively minor charge at state level), only to have a federal prosecutor (an AUSA) throw federal charges at the defendant based on something loose like "the crime involved phones (i.e. modem)", so therefore it could be considered interstate blah blah and allow federal jurisdiction. The startling statistics I discovered were the following:

    over 90% of individuals indicted at the federal level are convicted without trial (i.e. plead guilty)
    of the remaining approx. 10% who go to trial, 90% LOSE, and are convicted

    Do we really believe the federal investigators are so good they really only catch that amount of "bad guys"?

    The prosecutors often have NO CLUE whatsoever of technical details of complex issues (i.e. computer related incidents, copyright/piracy, etc). They further confuse things by often presenting information that is outright wrong or confusing to judges or others involved in the process, and often play on the fact the defendants often have no clue of the true law and their rights. At the federal level at least IGNORANCE OF THE LAW IS INDEED A VALID DEFENSE. Several federal laws have been changed over the years to add the specific wording "whoever knowingly", because in some cases obscure laws were being abused to prosecute people who had no valid way of knowing that what they did was illegal (i.e. the law was not some "common sense" thing... like a law saying it is illegal to sow grass seed on Tuesday).

    I have no comment on the Aaron Swartz case as I don't know all the facts and it is always a damn shame when someone chooses to resort to suicide, but based on my personal experience with "the system" from the inside, I can say that there is no doubt the prosecutor and others on "that side" did indeed play a major role in pushing this troubled young man towards a terrible fate-- and no matter what they say to the contrary, their overaggressiveness in a case involving copyrights for God's sake was truly uncalled for and ultimately serves no proper purpose for the sake of society.

    1. Re:Overaggresive US Attorneys... by gatesstillborg · · Score: 1

      Thanks for your well spoken, inside perspective.

    2. Re:Overaggresive US Attorneys... by Anonymous Coward · · Score: 1

      You misunderstand "whoever knowingly". Obviously it depends on context, but it usually just means that your actions have to be deliberate. To use your example, if a bit of grass seed accidentally fell from the packet onto the ground, you could not be prosecuted for sowing it. But if you sowed it deliberately, your ignorance of the crime would be irrelevant. You would still be guilty.

    3. Re:Overaggresive US Attorneys... by Anonymous Coward · · Score: 0

      There are at least two ways for folks to (in some sense) punish Carmen Ortiz and Stephen Heymann.

      One involves direct interactions with them - everything from sending letters to them, to meeting them in person. Call this the "hot anger" approach.

      The other is the "cold anger" approach - refuse any direct interaction with them - shun them. Convince their neighbors to shun them. Convince their grocer to shun them. Make it difficult for them to buy clothes.

      https://www.five-ten-sg.com/mapper/aaron.swartz

    4. Re:Overaggresive US Attorneys... by Anonymous Coward · · Score: 0

      Your use of the USA acronym in that way caused me to read it as "United States of Attorney's". Too true... a nation of the attorneys, for the attorneys, and by the attorneys.

    5. Re:Overaggresive US Attorneys... by mrchaotica · · Score: 1

      Alright, so if even the word "knowingly" is some sort of legal jargon with a non-standard definition, how the fuck is the average person supposed to understand the law?!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:Overaggresive US Attorneys... by Anonymous+Cowpat · · Score: 1

      over 90% of individuals indicted at the federal level are convicted without trial (i.e. plead guilty)
      of the remaining approx. 10% who go to trial, 90% LOSE, and are convicted

      Have you got a source for that? I've seen those sorts of figures chucked about before, and it kinda feels true, but it would be good to see some actual statistics.

      --
      FGD 135
    7. Re:Overaggresive US Attorneys... by Anonymous Coward · · Score: 0

      The law uses "knowingly" with the the completely standard meaning of "intentionally". What do you think "knowingly" means? What does your dictionary say?

    8. Re:Overaggresive US Attorneys... by Anonymous Coward · · Score: 0

      As we southerner's would say, "Bless their hearts."

  27. Anger by the+eric+conspiracy · · Score: 1

    I am afraid this sort of vigilante action is never actually productive. Already the targets are using this to justify keeping details on this case from public view.

    What should be going on is pressuring public officials and the press to demand a review of the actions that led to this tragedy, and changes to laws to prevent this from happening again. Instead these attacks are only likely to be used to institute more draconian laws.

  28. Sounds Fair To Me! by Agent0013 · · Score: 1

    In a certain sort of twisted way this seems appropriate. I mean that there is no accountability for their actions in the harassment of Aaron Swartz. If these prosecutors went well above and beyond the normal course of action to give this guy a hard time they should have some accountability for their actions. If the legal system / government isn't going to hold their own representatives accountable for their actions then maybe it needs to come down to the people holding them accountable directly. Sort of like the old time lynch mobs that form up and grab up the criminals and take care of things. People stop respecting the law when it seems undeserving of respect. When it is used arbitrarily and over-handedly to bludgeon people they don't like for personal reasons or makes everyday actions a crime it becomes hard to find a reason to respect the law anymore. I have lost so much respect for the criminal organization known as the police force that I give a little cheer for the news stories about one of them being gunned down. I root for the cop-killer as I find they are doing me good. How crazy is that!

    --

    -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
  29. Pot calls kettle black? by mauriceh · · Score: 1

    In their minds, they were just "doing their jobs"
    They are clearly unrepentant.
    Does that justify taking this any further?
    Of course not.

    Vigilante expressions like this never promote good results.

    --
    Maurice W. Hilarius Voice: (778) 347-9907
    1. Re:Pot calls kettle black? by Rob+the+Bold · · Score: 3, Informative

      In their minds, they were just "doing their jobs" They are clearly unrepentant. Does that justify taking this any further? Of course not.

      Vigilante expressions like this never promote good results.

      As I recall, showing remorse can get you a lighter punishment. Maybe they should do that. Or they could agree to quit their jobs in exchange for less harassment, kind of a bargain, if you will.

      So vigilante actions might not work. Writing your elected officials doesn't either unless you can afford to include a big campaign contribution. So if both approaches don't improve the situation, why not go with the one that's more gratifying?

      Maybe it will result in even harsher laws. The worse, the better, in terms of getting the general public to finally be fed up.

      Oh, who am I kidding? I just enjoy seeing them suffer. There. I said it.

      --
      I am not a crackpot.
    2. Re:Pot calls kettle black? by the+eric+conspiracy · · Score: 1

      > Vigilante expressions like this never promote good results.

      Too true.

      In some way one can view what as going on as pure selfishness. The vigilante actions are not going to improve the situation; in fact they may make it worse because they engender sympathy for those being attacked. All in exchange for a brief moment of self satisfaction on the part of the attacker.

      Outrage in this case needs to be channeled into efforts to change the conditions that led to this tragedy. Not to some ephemeral moment of revenge that only makes the situation worse in the long run.

    3. Re:Pot calls kettle black? by mauriceh · · Score: 1

      At least you are honest!

      Seriously though, the right channel is through ones elected officials.

      IF that consistently fails to be successful, then you may conclude that democracy is occurring.
      Or perhaps one is simply in a radicalized minority.

      It may be hard to tell..

      --
      Maurice W. Hilarius Voice: (778) 347-9907
    4. Re:Pot calls kettle black? by Anonymous Coward · · Score: 0

      > Seriously though, the right channel is through ones elected officials

      Nope. Maybe it would be if the system was less broken, but, it isn't. The right channel now is degrading the general approval for the current rule of law and moving towards a day when we can march those elected officials to the gallows, and write a new constitution for the next bunch.

      Maybe they will, seeing the example set, be more careful about eroding and subverting the parts of the system designed to protect us. Maybe they will learn good reason to keep their dogs on a leash.

      If not, we will neither forget how to write consitutions or tie ropes.

    5. Re:Pot calls kettle black? by tnk1 · · Score: 3, Insightful

      I wonder if they are actually suffering. They could be parlaying their "pain" into a reason to avoid people looking into their prosecutorial conduct. The real solution for the aggressiveness of the US Attorneys is to open up the actual documents to a reasoned review of the case and what was being discussed. Assuming it was aggressive and out of scale to the crime actually committed, you can point to actual situations that need to change and advocate a positive political change. Just hacking these guys does little to nothing because they've already done their damage, and I doubt other US Attorneys will do more than just shrug at their colleagues' problems and continue to do the same things they have always done.

    6. Re:Pot calls kettle black? by Opportunist · · Score: 1

      And the right channel across town is the crosstown highway. Still I won't use it since it's constantly congested and they charge me to use it. Not much different in this case...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Pot calls kettle black? by Anonymous Coward · · Score: 0

      What a staunch systemic defense! After all, legitimate authority can never be wrong AMIRITE.

      People like you would vote to put yourselves in prison if the government said it was in your best interest.

    8. Re:Pot calls kettle black? by quacking+duck · · Score: 1

      At least you are honest!

      Seriously though, the right channel is through ones elected officials.

      IF that consistently fails to be successful, then you may conclude that democracy is occurring.
      Or perhaps one is simply in a radicalized minority.

      It may be hard to tell..

      Or perhaps one is simply part of the rational but tiny minority amongst an utterly apathetic and willingly ignorant majority. It's all relative.

    9. Re:Pot calls kettle black? by sjames · · Score: 1

      Yeah, those nutters tossing tea into the harbor never amounted to anything...

  30. A fucking river by musmax · · Score: 1

    cry me one.

  31. maybe a system this corrupt deserves to die by Anonymous Coward · · Score: 5, Insightful

    online harassment?
    ONLINE harassment?!

    You scum-sucking douches hectored someone into killing themselves with hyperinflated charges intended to "send a message" to score political points. MESSAGE RECEIVED . You should never work in law or government again. You probably should be in jail for abuse of power.

    I would have no problem if someone PHYSICALLY broke each and every one of your collective kneecaps.

    1. Re:maybe a system this corrupt deserves to die by losfromla · · Score: 1

      you mean, all four of their kneecaps?

      --
      Only I can judge you.
    2. Re:maybe a system this corrupt deserves to die by mabhatter654 · · Score: 2

      In more civilized times, the elected officials just pushed these types out the door to satisfy the Angry Mob with Pitchforks. The angry mob took care of it and the balance of power appeared restored.

      The problem now is that the HIRED and NON-ELECTED officials have more power and job security than the ones we actually elect. Most of the time the EMPLOYEES manipulate the actual elected officials now.

  32. Re:Maybe they should have signed this petition ins by Elbereth · · Score: 2

    Signing Internet petitions is only marginally less useless and pointless than harassing government employees. In fact, if I made a list of the most pointless activism on Internet, they would be:

    1. Printing form letters and mailing them to Congresspeople
    2. Writing e-mails to Congresspeople
    3. Signing Internet petitions
    4. Complaining loudly on Internet forums
    5. Hacking and vandalism
    6. Publishing a batshit crazy manifesto
    7. DDOSing the government
    8. Sending death threats via e-mail

    That's in vague order of (comparatively) least pointless to most pointless.

  33. Galatians 6:7 for Monsieur Javert by luis_a_espinal · · Score: 2

    Aaron Swartz Prosecution Team Claims Online Harassment

    As you sow, so shall you reap Monsieur Javert.

    This particular phrase and verse is most fitting to describe whatever they are going through (that which will forever pale in comparison to what Swartz when through.)

    What comes around goes around and shit like that, and you reap what you sow. C'est la fucking vie.

    1. Re:Galatians 6:7 for Monsieur Javert by Anonymous Coward · · Score: 0

      Exactly, they're not experiencing even a tiny fraction of the stress they subjected Aaron to. Self-pitying assholes.

  34. So when government does it, it's okay? by erroneus · · Score: 4, Insightful

    Government, specifically law enforcement, tend to threaten people with all sorts of scary crap in order to get people to do things they don't want to do. In Swartz's case, he wasn't doing anything strictly illegal but they wanted to believe he did so badly and the JSTOR people want to believe he did so badly that they were willing to harrass and frighten this guy to the point of suicide. After all, they were threatening his life in the sense that he would no longer have a good one.

    So now, there is turn-about and they cry foul.

    Why is it acceptable for law enforcement to use threats and fear as a means of getting their jobs done. Isn't it they that went too far? Shouldn't it be "okay, we have evidence of X, let's charge him with X" and be done with it? Why is it "we think he has done Y, but we only have evidence of X which is not specifically illegal. So let's threaten him with Z until he pleas to Y."

    Harrassment and intimidation by government should not be allowed. Just do straight business.

    1. Re:So when government does it, it's okay? by pdabbadabba · · Score: 5, Interesting

      In Swartz's case, he wasn't doing anything strictly illegal

      No, he was. As has been quite widely discussed here and elsewhere he was accused of violating the Computer Fraud and Abuse Act and, from what I've read, he probably was actually "guilty". And, yes, 35 years is the actual punishment. Sure, the prosecutors have discretion in prosecuting crimes, but I continue to be amazed that all of our abuse is heaped upon the prosecutors for trying to enforce a law THAT CONGRESS ACTUALLY PASSED. Don't get me wrong, I think that 35 years (or, really, any punishment at all) for what Swartz did is nuts.And I think that there is an under-appreciated moral dimension to the prosecution decisions that US attorneys make. But then again, do we really want a system where the prosecutors feel free to enforce a law or not based on their own preferences? Isn't this what a legislature is for? Why are we focusing on the prosecutors who tried to enforce it instead of the actual people who passed and have the power to fix the law?

    2. Re:So when government does it, it's okay? by zyzko · · Score: 2

      But then again, do we really want a system where the prosecutors feel free to enforce a law or not based on their own preferences? Isn't this what a legislature is for? Why are we focusing on the prosecutors who tried to enforce it instead of the actual people who passed and have the power to fix the law?

      No, we do not. But we want a leeway in the justice system - that's why the justice system is separated from the legislature. Geeks (and some lawyers) really do feast when they found a technicality in law and they can say "Haha! I did not technically do it!" but if our justice system worked that way we could just feed the rules to a computer and get rid of all the lawyers, jurys and judges. Of course there has to be checks and balances, and make sure that people are treated equally in the front of the court. But we have courts because they also interpret the law, not just enforce it (this of course differs a little bit between common law and civil law jurisdictions, but they both have elements regarding this).

    3. Re:So when government does it, it's okay? by erroneus · · Score: 1

      Prosecutors already feel that freedom.

      But I think the WAY prosecutors do their business is the issue I have here.

      Violations of a Terms of Service, technically an agreement without signature or have any tangible record tying the agreement with a flesh and blood person, should never and can never practially be anything but a civil offense... at best. I wish Swartz didn't kill himself so this kind of nonsense would have some air. But then again, that he killed himself has probably done more to bring this problem to the public's attention and the next time, if there ever will be a next time, the public will be quick to support the defendant and to demand better law.

      But back to HOW prosecutors behave. There should be limits and there should be dignity. Real criminals are "unlimited" but the law and those who represent the law need to be as the law intended. Fair and impartial. Threats and intimidation is not the way.

    4. Re:So when government does it, it's okay? by serviscope_minor · · Score: 1

      Goodwining here is is entirely legitimate since Nazi germany did all sorts of crap which is illustrates the flaws in your reasoning.

      Sure, the prosecutors have discretion in prosecuting crimes, but I continue to be amazed that all of our abuse is heaped upon the prosecutors for trying to enforce a law THAT CONGRESS ACTUALLY PASSED.

      So what that they passed it?

      Hitler passed a law saying it was OK to round up and exterminate Jews. The fact that it is a law does not have any bearing on whether or not it is in any way OK.

      Furthermore, the prosecutors are humans, i.e. we assume that they are moral beings with free will. They had a choice to slap 35 years worth of crimes onto something little more than trespass and they made that choice for their own personal gain.

      But then again, do we really want a system where the prosecutors feel free to enforce a law or not based on their own preferences?

      Yes! Otherwise why have presecutors at all? Why not put everyone who is potentially guilty of a crime through the court system. We have humans in the loop for a reason: they can make judgements.

      In this case the humans in the loop decided to harrass someone to death for their oen personal gain.

      Why are we focusing on the prosecutors who tried to enforce it instead of the actual people who passed and have the power to fix the law?

      Because the blame lies in both places.

      --
      SJW n. One who posts facts.
    5. Re:So when government does it, it's okay? by pdabbadabba · · Score: 1

      I have no disagreement with any of this. I think the upshot (which I never really brought home in what I wrote) is that prosecutors have some discretion, but it's limited by a countervailing obligation to enforce the laws that were actually passed. So, yes, they do have some responsibility for the charges they bring, but it's responsibility they share with the legislature.

    6. Re:So when government does it, it's okay? by Anonymous Coward · · Score: 0

      "I was just following orders."

    7. Re:So when government does it, it's okay? by pdabbadabba · · Score: 1

      This is a curious blend of perfect sense and total lunacy. I'll focus only on the crazy parts:

      Hitler passed a law saying it was OK to round up and exterminate Jews

      Huh. The CFAA is pretty bad, but I think this may be a stretch. Of course I assume that your point -- I want to be careful not to miss it, despite Godwin's invitation to do so -- is not that CFAA is much like the Nuremberg laws but that nobody should do simply what the laws allow uncritically. This is fair enough. Though the freedom one feels to personally review the laws for compatibility with one's own morals should probably bear some relation to the legitimacy of the government that enacted them. Here is one of the key points where -- at the risk of understatement -- the Nazi comparison breaks down. There's no point in having laws if everyone feels free to obey/enforce them or not solely according to the dictates of their own consciences. Some sort of balancing is in order between total subservience to the laws and your "so what that they passed it?" attitude.

      Yes! Otherwise why have presecutors at all? Why not put everyone who is potentially guilty of a crime through the court system. We have humans in the loop for a reason: they can make judgments.

      Well, for one thing, someone has to make an initial judgment about the likelihood of guilt, conduct an investigation, reassess the evidence post-investigation, and then bring the case to trial. These are the primary responsibilities of prosecutors, and none of them have anything to do with deciding which laws to enforce. This is not to say, though, that I think prosecutors should have no discretion at all. But the discretion that they have ought to be related to the prioritization of prosecutorial resources, not all-things-considered-judgments about the morality of laws. Of course, a personal assessment about the quality of the laws to be enforced might affect this prioritization.

    8. Re:So when government does it, it's okay? by Opportunist · · Score: 1

      Guess what, my grandpa broke the law, too. In 1942, when it was quite a bit more serious to break it.

      I think to this day of him as a hero.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:So when government does it, it's okay? by Anonymous Coward · · Score: 0

      RE: "No, he was. As has been quite widely discussed here and elsewhere he was accused of violating the Computer Fraud and Abuse Act"

      Actually he wasn't found guilty of anything illegal. Strictly speaking that is.
      He was accused by an overtly zealous federal prosecutor of committing said crime, but in fact he was NOT found guilty in A COURT OF LAW of said crimes.

      Get your statements correct.
      In your mind, and what happened are different realities.
      How it came to end up this way is irrelevant in terms of your aforementioned quote.
      You are simply wrong.

    10. Re:So when government does it, it's okay? by pdabbadabba · · Score: 1

      Congratulations. He probably was.

    11. Re:So when government does it, it's okay? by serviscope_minor · · Score: 1

      This is a curious blend of perfect sense and total lunacy. I'll focus only on the crazy parts:

      You misspelled analogy, but go on...

      but that nobody should do simply what the laws allow uncritically.

      Yes. I don't see how references to Nazi Germany invite you to miss it: it is probably the most extreme example of why uncritical following of laws is a bad thing.

      This is an immeasurably more minor example of exactly the same underlying principle.

      There's no point in having laws if everyone feels free to obey/enforce them or not solely according to the dictates of their own consciences.

      Are you saying that no matter how immoral the law then people should nevertheless enforce and obey it?

      These are the primary responsibilities of prosecutors, and none of them have anything to do with deciding which laws to enforce.This is not to say, though, that I think prosecutors should have no discretion at all. But the discretion that they have ought to be related to the prioritization of prosecutorial resources, not all-things-considered-judgments about the morality of laws. Of course, a personal assessment about the quality of the laws to be enforced might affect this prioritization.

      They certainly do have the discretion to decide whether prosecuting someone is in the public interest. And enforcing an imoral law certainly is not.

      --
      SJW n. One who posts facts.
    12. Re:So when government does it, it's okay? by pdabbadabba · · Score: 1

      You misspelled analogy, but go on...

      I have no idea what you're referring to.

      I don't see how references to Nazi Germany invite you to miss it

      Well, in my experience, comparing anything to Nazi Germany is a bad idea because people tend to think that you're making a comparison to the Nazis, on the merits.

      Are you saying that no matter how immoral the law then people should nevertheless enforce and obey it?

      If you read the words that I wrote, it is obvious that my answer to this is "no." Though perhaps I could have staved off the faux-misunderstanding if I had said "absolutely free" instead of just "free."

      They certainly do have the discretion to decide whether prosecuting someone is in the public interest. And enforcing an imoral law certainly is not.

      I thought we were arguing about what level of discretion they should have. As a legal matter it is certainly true that nobody from outside the Executive can make a prosecutor prosecute anyone. (With a few oddball exceptions like special prosecutors.)

    13. Re:So when government does it, it's okay? by Logic+and+Reason · · Score: 3, Insightful

      But then again, do we really want a system where the prosecutors feel free to enforce a law or not based on their own preferences?

      That's already the case, and it's EXACTLY what created the scenario with Swartz (and countless other victims of our "justice" system). The fact that prosecutors have that kind of leeway is part of what allows insane laws like the Computer Fraud and Abuse Act to remain on the books.

      Of course, the government loves laws like that, because it lets them really throw the book at people they don't like (or threaten to do so in order to obtain an easy plea bargain). When practically everyone's a criminal and enforcement is selective, they can do whatever the hell they want to anybody.

    14. Re:So when government does it, it's okay? by pdabbadabba · · Score: 1

      That is an excellent point. Thanks.

    15. Re:So when government does it, it's okay? by Princeofcups · · Score: 1

      No, he was. As has been quite widely discussed here and elsewhere he was accused of violating the Computer Fraud and Abuse Act and, from what I've read, he probably was actually "guilty". And, yes, 35 years is the actual punishment. Sure, the prosecutors have discretion in prosecuting crimes, but I continue to be amazed that all of our abuse is heaped upon the prosecutors for trying to enforce a law THAT CONGRESS ACTUALLY PASSED.

      As with any overly broad law, there is a certain amount of ambiguity, and any prosecutor must show discretion on how to prosecute it. I'm not saying that you are wrong, but you are not completely right.

      --
      The only thing worse than a Democrat is a Republican.
    16. Re:So when government does it, it's okay? by 10101001+10101001 · · Score: 2

      No, he was. As has been quite widely discussed here and elsewhere he was accused of violating the Computer Fraud and Abuse Act and, from what I've read, he probably was actually "guilty". And, yes, 35 years is the actual punishment.

      No, he probably wasn't "strictly guilty"; he may well have been "technically guilty" under an absurd interpretation of the CFAA but by the same way almost everyone is "technically guilty" of jaywalking or conspiracy. You see, language, even used in writing laws, is often very ambiguous. The obvious intent of the CFAA was to protect against actual fraud and abuse through computers. And the harsh punishment of 35 years was intent upon the most extreme cases of that abuse. To the point, there's nothing in the CFAA that strictly matches what Swartz was doing but instead there was leeway room in the language that could allow prosecutors to try individuals upon technical language put in place in the act so that nearly strictly guilty cases could be prosecuted successfully.

      Sure, the prosecutors have discretion in prosecuting crimes, but I continue to be amazed that all of our abuse is heaped upon the prosecutors for trying to enforce a law THAT CONGRESS ACTUALLY PASSED. Don't get me wrong, I think that 35 years (or, really, any punishment at all) for what Swartz did is nuts.And I think that there is an under-appreciated moral dimension to the prosecution decisions that US attorneys make.

      You're right, to an extent, of course. But then legislators are in the same boat. They need to write laws that are broad enough to cover their intended crime yet specific enough not to be abused by, potentially well-meaning, prosecutors. They have to offer severe punishment for the most extreme abuse outlined, yet they have to try to spell out that it only applies in the extreme cases without prosecutors, again potentially well-meaning, contorting the language to apply such in what would reasonably not be extreme cases. Look no further than conspiracy laws to see a great example of the issue and the near intractability of the problem. To that end, this is precisely the reason why prosecutors are a main component of the justice system, for they can instill human judgment into potential cases.

      But then again, do we really want a system where the prosecutors feel free to enforce a law or not based on their own preferences? Isn't this what a legislature is for? Why are we focusing on the prosecutors who tried to enforce it instead of the actual people who passed and have the power to fix the law?

      Prosecutors are, by definition, charged with seeking justice. That inherently means a need for them to make judgments on who to seek punishment upon and what sort of sentence terms to seek. If they feel a crime is committed yet applicable laws offer no reasonable punishment, their hands are tied and they should not prosecute under the more severe law nor under another law with more reasonable punishment but inapplicable charges. Yes, the legislature is charged with fixing laws, making them just, and making them clear. But when they fail or simply do not act, it is not the job of the prosecutor to warp the language of the law; the ends do not justify the means.

      Personally, I'd imagine there'd be a lot less focus on the prosecutors if they had (a) publicly called upon legislators to fix the law so they could reasonable prosecute cases, (b) publicly called for the CFAA to be heavily changed so it's much harder for less competent prosecutors to abuse suspects with the CFAA with unreasonable charges or punishments, and (c) to have not actually prosecuted the case but instead acknowledged that their hands were tied under the intent of the law and under a sense of justice.

      --
      Eurohacker European paranoia, gun rights, and h
    17. Re:So when government does it, it's okay? by pdabbadabba · · Score: 1

      Haha. An interesting -- and appreciated -- distinction. In this case, though, I think I'm right. I've never heard any argument that Swartz's case was uncertain due to ambiguity in the statute. Rather, the outrage comes from the fact that it was enforced at all, particularly in view of how rarely CFAA violations are prosecuted.

    18. Re:So when government does it, it's okay? by serviscope_minor · · Score: 1

      Are we in violent agreement? I actually can't tell.

      --
      SJW n. One who posts facts.
    19. Re:So when government does it, it's okay? by pdabbadabba · · Score: 1

      I don't know! Slashdot what have you done to us!?

    20. Re:So when government does it, it's okay? by Opportunist · · Score: 1

      The Russians he didn't murder certainly thought so, I'm sure.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    21. Re:So when government does it, it's okay? by Anonymous Coward · · Score: 0

      ... do we really want a system where the prosecutors feel free ...

      What happened when Dick Cheney ordered people to commit war crimes? What happened when Ergon cut-off electricity to its consumers in California? What happened when Moody's, Goldman-Sachs and others lied about the value of securitized debt? Federal prosecutors jump into the middle of a state crime but not the crimes they're employed to prosecute.

    22. Re:So when government does it, it's okay? by Anonymous Coward · · Score: 0

      Why are we focusing on the prosecutors who tried to enforce it instead of the actual people who passed and have the power to fix the law?

      Because they swore oaths to uphold the Bill of Rights? Because the Bill of Rights supersedes the authority of Congress to pass laws? Because the 9th and 10th Amendments (rights retained by the people, rights reserved to the people) make the Bill of Rights open ended, in order to make it possible for the People to assert rights independent of the government AND independent of the legal profession? Because James Madison had very good reasons for that wording, which are well documented in the historical record? Because of the events at a place called Nuremberg that established government officers have a responsibility to refuse to enforce some laws?

      The problem here is multifaceted: we have Congress passing laws that violate fundamental rights as a result of entrenched corruption. We have police officers, federal agents, and district attorneys choosing to enforce these laws, instead of using their brains to realize where their responsibilities lie. We have a legal profession that ignores ethics on a massive scale. All of these, together, are responsible for the catastrophic mess we find ourselves in. The district attorneys are part of the problem. Perhaps, if we can change their behavior, they can instead become part of the solution.

      We have to start somewhere. The legal system has become a tangled mess, like a giant ball of twine. It isn't clear how to unravel the mess, but everyone with a functioning brain realizes that things are really bad right now, and will keep getting worse if we don't. The US legal system is such a disaster that a revolution may be necessary to fix things, but most people hope it doesn't come to that. So folks pull at convenient strings coming out of the ball of twine, in the hopes that something useful will happen. It's a very human thing to do, when confronted with a seemingly insoluble problem.

  35. prosecutorial discretion by luis_a_espinal · · Score: 2

    I can. Not for the harassment, or the "hacking" of their social network pages. That's an almost inevitable consequence. I feel bad for them because they were doing their job of prosecuting a law that shouldn't exist. Nothing says prosecutors have to agree with the law.

    Ever heard of prosecutorial/judicial discretion? It is part of our legal institutions, and it is what differentiate good prosecutors from Javert-wannabes trying to make their mark.

  36. Just woke up today, Rip Van Winkle? by Zontar_Thing_From_Ve · · Score: 4, Informative

    Reading the article helps. He was arrested for "downloading excessive material". In other words, he had a legal JSTOR account, he wasn't accessing it illegally, he just downloaded more material than they wanted him to. Really? That's a crime now?

    Where were you when we went over this in all its gory detail? Yes, this is Slashdot and everything The Man does is evil, so I get the whole simplification thing. But the real situation was actually a bit complicated. He basically tried to download every article they had, which went beyond the terms of use of the service. His downloads impacted other users of the service at the time by slowing them down because - wait for it - he was trying to download everything and chewing up resources to do it. His plan was to make all these articles available for free when access to them required a paid service. He also hid the computer doing the work in a closet and took actions to hide his face from security cameras when going to the closet to check on his equipment. From a legal standpoint, this can be interpreted to mean he knew his actions were wrong. There's a lot wrong with how the prosecutors handled this, but he was hardly some innocent school boy who got bullied for no reason.

    1. Re:Just woke up today, Rip Van Winkle? by WGFCrafty · · Score: 5, Funny

      Reading the article helps. He was arrested for "downloading excessive material". In other words, he had a legal JSTOR account, he wasn't accessing it illegally, he just downloaded more material than they wanted him to. Really? That's a crime now?

      Where were you when we went over this in all its gory detail? Yes, this is Slashdot and everything The Man does is evil, so I get the whole simplification thing. But the real situation was actually a bit complicated. He basically tried to download every article they had, which went beyond the terms of use of the service. His downloads impacted other users of the service at the time by slowing them down because - wait for it - he was trying to download everything and chewing up resources to do it. His plan was to make all these articles available for free when access to them required a paid service. He also hid the computer doing the work in a closet and took actions to hide his face from security cameras when going to the closet to check on his equipment. From a legal standpoint, this can be interpreted to mean he knew his actions were wrong. There's a lot wrong with how the prosecutors handled this, but he was hardly some innocent school boy who got bullied for no reason.

      I never knew.

      He broke an EULA? WHERE'S MAH PITCHFORK?

    2. Re:Just woke up today, Rip Van Winkle? by Anonymous Coward · · Score: 2

      From a legal standpoint, maybe. But we all know that the law has nothing to do with right or wrong. Hiding your actions doesn't show that you thought you were doing wrong - just that you thought others might object. Often, doing the right thing involves going against other's objections.
      And even though there can be discussion about whether he did or didn't try to do the right thing, it is a fact that the punishment was excessive and that the case is an object lesson in the evils of plea bargaining. That should be outlawed and that should be the biggest takeaway from this story.

    3. Re:Just woke up today, Rip Van Winkle? by Anonymous Coward · · Score: 0

      I shall put an EULA on my website: "By visiting this website you waive your rights to life, liberty, and the pursuit of happiness. You also agree to be murdered in the future at an undisclosed time" Then after I IP log people I can go murder them since they waived their right to not be murdered! Maybe JSTOR can add my addition to their EULA so that instead of having kids harassed legally they can just execute them immediately and save truckloads in legal fees!

    4. Re:Just woke up today, Rip Van Winkle? by Corwn+of+Amber · · Score: 3, Informative

      Reading the article helps. He was arrested for "downloading excessive material". In other words, he had a legal JSTOR account, he wasn't accessing it illegally, he just downloaded more material than they wanted him to. Really? That's a crime now?

      Where were you when we went over this in all its gory detail? Yes, this is Slashdot and everything The Man does is evil, so I get the whole simplification thing. But the real situation was actually a bit complicated. He basically tried to download every article they had, which went beyond the terms of use of the service.

      Fuck the terms of use. They're not LAW. If a law says they are, well, the terms of use of the license for the copyright on this post say that you have no right to read it in full. You must not read more than half of it. Even if it includes your words, you have no right to read below this line the first time. Or read above this line the second time.
      ___________________________

      His downloads impacted other users of the service at the time by slowing them down because - wait for it - he was trying to download everything and chewing up resources to do it.

      So what? It's text. Text downloads fast. It's not like he coordinated a DDOS on JSTOR or anything.

      His plan was to make all these articles available for free when access to them required a paid service.

      The documents he planned to publish were public domain. Where were YOU when we discussed this at length?

      He also hid the computer doing the work in a closet and took actions to hide his face from security cameras when going to the closet to check on his equipment. From a legal standpoint, this can be interpreted to mean he knew his actions were wrong.

      LAWS DON'T MATTER. Reality matters. Victimless non-crimes have no reason to be prosecuted. This is self-evident.

      There's a lot wrong with how the prosecutors handled this, but he was hardly some innocent school boy who got bullied for no reason.

      Yes he was. "Lose half your citizenship and go to jail half a year, OR lose half your lifespan, your choice" is not bullying how?

      Moreover, it's KNOWN and DOCUMENTED that he got prosecuted under any retarded law, for the political reason of to just shut him up as an activist.

      --
      Making laws based on opinions that stem up from false informations leads to witch hunts.
    5. Re:Just woke up today, Rip Van Winkle? by Hydian · · Score: 1

      And you still have yet to outline anything that is an actual crime with the possible exception of accessing the networking closet that was open to the public. A few civil matters, but no actual crimes.

    6. Re:Just woke up today, Rip Van Winkle? by tloh · · Score: 1

      His plan was to make all these articles available for free when access to them required a paid service.

      I don't think Aaron ever made his actual intentions known before he killed himself. IIRC this was inferred by some people based on Aaron's past activities. For other things he'd done before, it was also proposed that he wanted to do a meta-analysis on the collection once he'd downloaded them.

      --
      Stay sentient. Don't drink bad milk.
    7. Re:Just woke up today, Rip Van Winkle? by Anonymous Coward · · Score: 0

      "From a legal standpoint, this can be interpreted to mean he knew his actions were wrong"

      Bullshit. This suggests he knew he would be punished for his actions if caught. That says nothing about his actions being wrong.

      He downloaded more than the terms of his agreement with the service provider. It is exactly the case that he got "bullied for no reason".

    8. Re:Just woke up today, Rip Van Winkle? by mrchaotica · · Score: 1

      Yes, this is Slashdot and everything The Man does is evil, so I get the whole simplification thing. But the real situation was actually a bit complicated. He basically tried to download every article they had, which went beyond the terms of use of the service.

      All your talk about "complication" is irrelevant; the bottom line is violating some private company's terms of service is NOT A GODDAMNED FELONY!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    9. Re:Just woke up today, Rip Van Winkle? by sjames · · Score: 1

      So, what you're saying is that he paid for the all you can eat buffet, but turned out to be a competitive eater. Sure, it was rude to attempt to cram the entire buffet table down his gullet and several patrons lost their appetites just from seeing him try, but rudeness isn't a felony.

      So do to him what the restaurant would do, give him his money back and tell him to never return.

    10. Re:Just woke up today, Rip Van Winkle? by strikethree · · Score: 1

      He said:

      There's a lot wrong with how the prosecutors handled this, but he was hardly some innocent school boy who got bullied for no reason.

      You said:

      Yes he was. "Lose half your citizenship and go to jail half a year, OR lose half your lifespan, your choice" is not bullying how?

      First poster did not claim there was no bullying. He said there was a reason. Furthermore, he did not claim that the bullying was reasonable (which is where you will go next).

      Aaron was a douche and he was wrong. Period.

      The prosecutor was criminally aggressive. Period.

      The prosecutor would have had NOTHING to latch onto had Aaron not done something clearly wrong and illegal. THAT is what the first poster said.

      --
      "Someone needs to talk to the tree of liberty about its ghoulish drinking problem." by ohnocitizen
  37. Couple of things by mikein08 · · Score: 2

    As we know, there is no privacy anymore. Hence, prosecutors are going to be facing more and more of this sort of thing. You cannot hide. Ask that DA in Texas. Once prosecutors become aware of this, they might become smart enough to NOT mount silly prosecutions like this - but I doubt it. If you as a prosecutor think your own bureaucracy can protect you, think again. I'm predicting an increase in violence against prosecutors and law enforcement in general.

  38. There's a lot of retaliation against DAs going aro by concealment · · Score: 1

    http://www.businessinsider.com/texas-da-killing-is-unprecedented-2013-4

    Although this is an unpopular view, my take on it is that if we abandon the legitimate means in our system of recalling these people, we weaken those means and force the debate into an unnecessarily volatile mode.

    Think with your logic, not your emotions :)

  39. There is a way they could escape the harassment. by hawks5999 · · Score: 5, Informative

    It involves a noose.

  40. Re:Maybe they should have signed this petition ins by jythie · · Score: 1

    I would actually put it at significantly more useless. Internet petitions do nothing, they have no impact, they will not represent a negative consequence for the party they are aimed at hurting. Harassment, while not a very good tool, and a tool with its own problems, at least has a personal impact on the person being targeted, one that both they and others in similar roles can see and factor in to future decision making.

  41. Re:They were just doing their jobs.... by wisnoskij · · Score: 1

    Actually it did fly for people working in the concentration camps.
    All of germany was not considered war criminals, actually only a very very few people where. And only very very few people in the entire country offered any resistance at all to the genocide.

    That is why we conducted studies like the Milgram experiment, that clearly show that the average person will torture someone to death or commit mass genocide if simply asked to by someone with the appearance of authority.

    --
    Troll is not a replacement for I disagree.
  42. Re:They were just doing their jobs.... by jythie · · Score: 1

    No, they were abusing their positions to further political aspirations. A big part of the problem is they were not doing their jobs....

  43. Re:Maybe they should have signed this petition ins by Hatta · · Score: 1

    Activism is useless when it is aimed at unproductive channels. Instead, they should have signed the petition

    Lolwut?

    --
    Give me Classic Slashdot or give me death!
  44. Here I am... by benjfowler · · Score: 1

    ... playing the world's saddest song. On the world's smallest violin.

  45. Re:They were just doing their jobs.... by LeDopore · · Score: 1

    Let me play devil's advocate.

    Ideally, the legal system works best if you have optimal lawyers on both sides. The difference between the legal arguing and reasoning ability of a superstar lawyer and a merely competent lawyer is probably less than the difference between the legal abilities of randomly-selected folks, so the system in practice isn't grievously broken.

      The weird part is that for the system to work, a lawyer has to contractually agree to represent a client's interest as well as possible before knowing all the facts from both sides of the case. The practical consequence of this is that lawyers end up having a duty to promote the interests of even rotten and nasty clients to the best of their ability. For all the lawyer knows, the other side's client may be secretly even worse. Lawyers are able to sleep well at night knowing that they are not in the business of deciding what's right for themselves, and so long as they obey the law and do everything legally possible to promote their client's interests, overall the system will work out better than if people had to advocate for themselves.

    Comparing a lawyer to a concentration camp guard is merely inflammatory. A better analogy might be comparing a lawyer with a soldier conducting symmetric warfare, since ideally both sides are roughly equally-equipped, but still the lawyers use words and not guns, which in my view puts them ahead.

    --
    Expected time to finish is 1 hour and 60 minutes.
  46. Re:Maybe they should have signed this petition ins by Anonymous Coward · · Score: 1

    This isn't activism at all, it's a bunch of pissed off people lashing out at what makes them angry. It's like the mob of angry people you might get on your ass if you cause someone to commit suicide by harassing them ceaselessly and then people find out who you are. Just online. Of course, that shouldn't be how things are done in a civilized society. That goes for the treatment of these people and also for the treatment they gave Swartz.

  47. Re:They were just doing their jobs.... by WGFCrafty · · Score: 3, Insightful

    I think we all know "someone paid me money to do it so it's not my fault" doesn't actually fly. As individuals we have free will and the responsibility to behave ethically. To unquestioningly execute commands is to give up our humanity.

    Throughout history we have frequently rejected "I was following orders" and "I was just doing my job". These mantras do not provide absolution.

    Nope. In the US that doesn't fly. You'll go to jail, and the ones who gave the orders will put you there. (See Abu Ghraib)

  48. A sad justice system failure by ebiederm · · Score: 2

    A functional justice system keeps us from descending to the level of personal vengeance and feuding.

    It is very sad to see the Justice system failing here.

    No one has officially called these prosecutors out on their failings in any other way so we get this. I don't think harassment of these prosecutors and MIT and JSTOR is the appropriate reaction. Nor do I think it is the appropriate reaction that the prosecutors have not been reprimanded and appropriate taken to keep non-sense like this from happening.

    How high does this failure in the Justice system go?

    1. Re:A sad justice system failure by Whatsisname · · Score: 1

      Your first mistake is thinking that the US has a 'justice system' at all. The US has a legal system. It is concerned with order, it is not concerned with justice.

  49. Re:Maybe they should have signed this petition ins by lcam · · Score: 1

    to include in your list:

    3.1 Public Protests

    Those things are an equivalent to funeral ceremonies in that it's an occasion to reflect and move on, not to cause any change.

  50. Re:They were just doing their jobs.... by fuzzyfuzzyfungus · · Score: 2

    They were just doing their jobs....

    There's this little thing called "Prosecutorial discretion". You may not have heard of it. As it turns out, at least in the US, the prosecutor has fairly broad latitude, within the scope of 'doing their job' to push or not push specific cases. This is arguably a bad thing from a 'rule of laws not of men' perspective; but thems the rules as they stand. In this case, the 'victim' wasn't even asking for prosecution, so their hands' weren't being forced even by 'stakeholder' request or public opinion.

  51. I For One by wisnoskij · · Score: 1

    Am not surprised in the least.

    --
    Troll is not a replacement for I disagree.
  52. Re:They were just doing their jobs.... by kilfarsnar · · Score: 1

    They were just doing their jobs....

    Is that like just following orders?

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  53. cue... by Anonymous Coward · · Score: 0

    the very, very tiny violins...

  54. Re:Maybe they should have signed this petition ins by Rob+the+Bold · · Score: 1

    Activism is useless when it is aimed at unproductive channels. Instead, they should have signed the petition to remove the DA in question. Or written a letter to the state.

    Thanks for the laugh. I needed that right now.

    --
    I am not a crackpot.
  55. Addresses plz? by Anonymous Coward · · Score: 0

    Can anyone send the forementioned addresses and mails etc.?

    For non-nefarious purposes, of course.

    1. Re:Addresses plz? by Opportunist · · Score: 1

      Sending them support mail? Where there's sales on ropes and which buildings around town are the tallest?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  56. nice. by dj.dave214 · · Score: 2

    Having been the defendant in a situation like adam was in, and having seen the options laid out in front of me by the prosecutor (Pay 25,000$ now and avoid the case all together, or chance spending time in prison and pay $25,000 later) I can say that maybe if these prosecutors didn't believe in what they were doing with the conviction that they exhibit when they're flat out telling you to cough up some cash or you're going to prison, If they did, then maybe, just maybe they wouldn't be waffling about their decision now.
    (I realize thats a bit of a rant but I just woke up and am constantly appalled, albeit not surprised, by the prosecution of this case not fully standing by what they did).
    If you can't stand by your decision in the face of adversity, then what good is it?

    1. Re:nice. by dj.dave214 · · Score: 1

      Aaron that is....need...coffee....lol

  57. Why is she still employed??? by Anonymous Coward · · Score: 5, Interesting

    FFS, why on earth hasn't she been sacked yet?

    She tried to undermine the courts using an insane number of BS claims, trying to force Aaron to accept a guilty plea rather than let the court decide.

    THAT'S NOT HER JOB. It's the OPPOSITE of her job.

    She made political speeches on the back of this case, to promote her political career. At some point she should have been fired for misconduct, but she wasn't. The threats and anger relate to HER INCOMPETENCE at the job.

    Just resign already Carmen, nobody wants you, every prosecution with your name on it, is tainted, because judges will automatically assume you're doing another insane overreach. Do the nice thing, hand in your resignation, you made a mistake, you want to spend more time with your family and FUCK OFF.

    1. Re:Why is she still employed??? by chromaexcursion · · Score: 1

      Though stated venomously, I agree.
      This is a reverse case of too big to jail.
      The prosecutor broke the rules, and the law, blatantly.
      She deserves to be punished for her role.
      At the very least she should be fired with cause.

    2. Re:Why is she still employed??? by Frobnicator · · Score: 4, Informative

      THAT'S NOT HER JOB. It's the OPPOSITE of her job.

      You must be new to the modern legal system.

      97% of all federal court cases end with a plea bargain. Last year the SCOTUS ruled on Missouri v. Frye and Lafler v. Cooper, those bound it up even tighter. Go look them up.

      Justice Scalia wrote on them: "the Court today opens a whole new field of constitutionalized criminal procedure: plea-bargaining law. The ordinary criminal process has become too long, too expensive, and unpredictable, in no small part as a consequence of an intricate federal Code of Criminal Procedure imposed on the States by this Court in pursuit of perfect justice. ... The Court now moves to bring perfection to the alternative in which prosecutors and defendants have sought relief. Today’s opinions deal with only two aspects of counsel’s plea-bargaining inadequacy, and leave other aspects (who knows what they might be?) to be worked out in further constitutional litigation that will burden the criminal process. And it would be foolish to think that “constitutional” rules governing counsel’s behavior will not be followed by rules governing the prosecution’s behavior in the plea bargaining process that the Court today announces “‘is the criminal justice system,’” Is it constitutional, for example, for the prosecution to with draw a plea offer that has already been accepted? Or to withdraw an offer before the defense has had adequate time to consider and accept it? Or to make no plea offer at all, even though its case is weak—thereby excluding the defendant from “the criminal justice system”?

      He also wrote: The plea-bargaining process is a subject worthy of regulation, since it is the means by which most criminal convictions are obtained. It happens not to be, however, a subject covered by the Sixth Amendment, which is concerned not with the fairness of bargaining but with the fairness of conviction. The Constitution . . . is not an allpurpose tool for judicial construction of a perfect world; and when we ignore its text in order to make it that, we often find ourselves swinging a sledge where a tack hammer is needed.

      --
      //TODO: Think of witty sig statement
    3. Re:Why is she still employed??? by Anonymous Coward · · Score: 0

      97% eh? Those pesky soviet style gulags and mock courts have us beat by a whole 3%. I will not accept anything less than being #1. USA! USA!

    4. Re:Why is she still employed??? by sjames · · Score: 1

      That may be the current thinking, but it enjoys no legitimacy. At one time, the flat Earth was the current thinking, but that did not make the Earth flat. It's just that the U.S. has given up on justice and seeks only expediency.

    5. Re:Why is she still employed??? by Anonymous Coward · · Score: 0

      She must have used her witchcraft to convince the grand jury that there was probable cause to believe that Swartz broke the law. Otherwise, how could 24 people fall for an insane number of BS claims?

    6. Re:Why is she still employed??? by Sabriel · · Score: 1

      "constitutionalized"

      Why do I feel like that word is obscene?

    7. Re:Why is she still employed??? by Anonymous Coward · · Score: 0

      It is time to start prosecuting the prosecutors using the same tools they abuse to convict people who really have done nothing threatening against the good of society.

      I would not let them even have a trail, have a written law that has automatic prison sentences based on the severity of the abusive prosecution, the fines should equal that of the money they wasted and they can pay it, or more prison time would be added.

      Enough is enough, and they do it for the very reason you mention, to advance there own careers, not because these people they prosecute are a threat to society

    8. Re:Why is she still employed??? by Anonymous Coward · · Score: 0

      Does phrase the "modern legal system" refer to a legal system where legal professionals, including Supreme Court Justices, routinely ignore ethical conflicts of interest that affect their profession? If the federal Code of Criminal Procedure is too complex, that intrinsically creates an artificial demand for the services of legal professionals, as does any unnecessarily complex law. An judge that understood ethics would work to fix this system, rather than creating even more business for legal professionals by means of a system where a person with an expensive lawyer can evade the law ...

      In short, as a matter of ethics, unnecessarily complex laws or legal procedures are illegal.

      If there is ANY right that must arise under the 9th Amendment as rights "retained by the people", or rights "reserved to the people," it is the right to ethical conduct on the part of government AND on the part of legal professionals. Under such a right, even the appearance of conflict of interest must be avoided whenever possible.

      This entire "plea bargain" system massively violates this right. If 97% of federal cases resolve with a plea bargain, then the conclusion that necessary follows is that unethical conduct has become the norm amongst those members of the legal profession involved in federal cases.

  58. Re:WOW by Opportunist · · Score: 1

    Don't mess with the nerd, he is the bully of today.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  59. I have no sympathy by Anonymous Coward · · Score: 0

    If you devote your entire life to destroying other people's lives, I don't have much sympathy if people try to take you down as well at some point. Live by the sword, die by the sword, etc etc.

  60. Not so by Etherwalk · · Score: 2

    Given the choice between doing something immoral to follow orders and refusing orders, people follow orders. And given the choice between doing something immoral and losing money, people do the immoral thing. Morals take a back seat, except for really fundamental social norms. (Most people won't rape someone for money, for example.)

    Morals take a back seat, whether because of the almighty dollar or because of societal norms or even norms within most environments. There are some exceptions--for example, where the person giving the orders is not respected, such as an insurance company.

    The fact is that the goal is to make money/stay employed/be respected by peers/bosses. Moral calculus rarely enters the picture.

    This is also true in law. The law does have ethics, a particular set of rules, which have their own problems (in design and enforcement). Legal ethics do not prohibit charging someone with anything you can make even a colorable argument they are guilty of. In elected legislative policymaking, the incentive is for overcriminalization, which has been known for centuries. In addition, the culture of prosecution is such that success is measured by putting people away for long periods of time.

    As a result, the system does a great deal of harm. It also does good (limiting the ability of people to offend again and incentivizing people not to offend), but the good is intangible, whereas the harm is readily apparent.

    1. Re:Not so by turp182 · · Score: 1

      Quote: Most people won't rape someone for money, for example.

      Banks will rape you, and they only do it for the money.

      --
      BlameBillCosby.com
  61. Suicide Solution by Anonymous Coward · · Score: 0

    Hey prosecutors, Aaron himself showed one way to deal with the problem of truly-worthless piece-of-shit assholes, who are able to act completely without any accountability or sense of responsibility, with a totally reckless disregard for the effect of their actions upon people who don't deserve their abuse.

    Have you considered doing what he did? It seemed to have worked.

    Good grief, of all the people who would dare to complain about threatening letters, this is the dumbest. This is like a blackmailer who gets confronted by someone else who tells them, "I learned you're blackmailing so-and-so. If people learned you're a blackmailer, that could be embarrassing for you. Pay me, and I won't tell anyone that's how you make your living."

    I don't really understand what Aaron went through so I never did make up my mind, as to whether or not he made the right decision to just give up and die. I can see both sides of that, but overall I don't think I would have done what he did, in his case.

    But in this case it really does seem easier. They should consider it.

    Would you ever hire Carmen Ortiz or Stephen Heymann? If you found out your local government hired one of these people as a DA or something, wouldn't you call that blatant negligence and a betrayal of the public trust, sort of like hiring a convicted pedophile to be the new school superintendant?

    Our system of government is set up to keep feds mostly unaccountable from the voters (that's what allows these sadists to get away with what they do), so they're in relatively safe positions for the moment, but that safety isn't absolute. It's quite possible that through pressuring the president (alas, the current one has no more elections) these people will eventually be made to answer for their professional misconduct and ethics violations, and thereby lose their jobs. After that, their employment options just get worse and anyone who hires them is going to take a major PR hit.

    Ortiz, Heymann, just make sure your insurance is paid up, and then go have an "accident." Everyone will know what you did, but if you do it right, there will be no proof so it could end up being the very best thing for your families.

  62. Re:They were just doing their jobs.... by Rob+the+Bold · · Score: 1

    Nope. In the US that doesn't fly. You'll go to jail, and the ones who gave the orders will put you there. (See Abu Ghraib)

    I'm not sure if it should be +1 or -1, but there should be a "Depressing" mod.

    --
    I am not a crackpot.
  63. When the powerful are never called to account by mbone · · Score: 2

    We live in a country where the powerless are routinely made scapegoats for the crimes of the powerful, and the powerful are almost never brought to account. Given that, it is no surprise that the citizens are taking matters into their own hands. Expect for it to get worse as long as those preconditions continue.

    1. Re:When the powerful are never called to account by Opportunist · · Score: 2

      This is a prime example of how "mob rule" only becomes an issue in civilized societies when the "rule" itself becomes corrupted beyond the point where the people subject to it can stomach it anymore. Anyone here think that this would have happened if some kind of action had been taken to see whether the prosecution went overboard and some kind of examination took place?

      The whole REASON for the harassment now happening is simply that there has been no such thing, that this was treated as if it was just normal that prosecutors can harass, browbeat, bribe and outright threaten suspects with impunity, especially when such a thing can be done in cases where laws get violated where common sense fails to see the crime. For reference, there wasn't even remotely the same outcry when Reiser was convicted for killing his wife. Were the prosecutors harassed and threatened? Hell no. He committed a crime that is easily identifiable as one.

      In this case, the prosecution went far out of the land of moderation. There was simply no reasonable connection between the "crime" committed and the way they handled it. What they did would be quite ok (in the public eye) if Swartz kidnapped a child, but not for a petty crime like this. If it was one in the first place.

      A suspect killing himself in a case that's far, far away from a murder trial should at the very least call for an investigation of the circumstances, and at the very least there should be some kind of public statement that the prosecution went at least maybe, perhaps, a little overboard. But there was simply NOTHING. No statement at all, if anything, everyone agreed that there was nothing wrong with the way the prosecution worked and that everything was ok the way it is.

      Such behaviour makes mob reaction very likely, if a sizable portion of the population does not agree with the way the law handles things.

      That's why it is so very important that the law reflects the collective will of the population. NO government in history was able to rule against its subjects unless they used a lot of force and resources to suppress them. The stability of a truly democratic government rests on the support by the people, if that is lost, everything is lost. Once a government has to work against its population to prop itself up, once the rift between rulers and ruled is big enough to cause open resistance, the only thing that can keep the government in office is outright force used against the population.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:When the powerful are never called to account by steelfood · · Score: 1

      citizens are taking matters into their own hands

      What? What world are you living in? Taking things into their own hands? By making a lot of virtual noise in a virtual world?

      Until hundreds of thousands of people are marching down the streets in protest (or riot), things will not change. And even if they do, they probably won't change for the better.

      Unfortunately, things won't even get that far. They already have their bread and circuses. They can't be bothered to go outside anymore.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    3. Re:When the powerful are never called to account by Myopic · · Score: 1

      "We live in a country where the powerless are routinely made scapegoats for the crimes of the powerful, and the powerful are almost never brought to account."

      So what you are saying is, we are living in a country -- any country, anywhere, at any time in history.

  64. Re:Maybe they should have signed this petition ins by LordNimon · · Score: 1

    Maybe instead, we should vote out the republicans and democrats, but I suppose that's too much to ask. Besides, we would probably just end up with the tea party loons, or worse.

    Um, this is exactly what happened in 2010.

    --
    And the men who hold high places must be the ones who start
    To mold a new reality... closer to the heart
  65. I hope nobody suicides because of the pressure. by Anonymous Coward · · Score: 0

    But then again, if they do, there's no crime because they did it themselves.

    Right?

  66. Re:They were just doing their jobs.... by Anonymous Coward · · Score: 0

    "lawyers use words and not guns"

    Bullshit. In criminal law two lawyers squabble over the accused, who is often bound in chains, & will be shot if he attempts to escape. If two Nazi officers are arguing whether a prisoner of war should be executed, or put in a concentration camp, the threat of lethal force is just as real as if they are commanding an enlisted soldier to aim an artillery piece at the accused's location.

  67. Re:They were just doing their jobs.... by SteveAstro · · Score: 2

    Bullshit. See: My Lai massacre. The Nuremburg defence was accepted.

  68. Re:There is a way they could escape the harassment by hawks5999 · · Score: 1

    They already established they were losers.

  69. Re:When you kill someone, expect consequences... by Anonymous Coward · · Score: 0

    Sorry, they may have been assholes, but they didn't murder anyone. That's just ridiculous babble. Aaron killed himself, and that was all on him. Plenty of people get shafted by Federal Government and don't kill themselves, and there's no reason to believe that the prosecutors even thought that was a possibility. They want convictions, not dead defendants.

  70. Gosh, lots of wrong there. by Anonymous Coward · · Score: 1

    "Swartz broke into a private computer network in order to commit copyright violatio"

    Nope, he didn't.

    1) Logged in, no breaking in.
    2) It wasn't private.
    3) It wasn't a copyright violation since they were public documents he had a right to (see also #1)

  71. Re:When you kill someone, expect consequences... by Anonymous Coward · · Score: 0

    We will only be satisfied when you are all receiving your lethal injections - I for one do not wish to pay to keep any of you alive.

    I, for one, do. When you die it's not likely to be pretty. It will be painful and disgusting. You'll either have a heart attack, a stroke, an accident, alsheimer's, or simply wither away until you're completely dependant on others.

    When a condemned man dies (they almost never execute women) he goes painlessly and peacefully.

    Damned bleeding heart cheap-assed conservatives! Everyone has to die. Not everyone has to spend decades locked in a six by nine room. I'm more than willing to pay for them to suffer, I'm NOT willing to pay for execution drugs that remove the suffering and pain of death.

  72. Question by jon3k · · Score: 1

    Anyone know how to filter stories in Google Reader? If I have to read another story about Aaron fucking Swartz I'm going to vomit.

  73. Re:Maybe they should have signed this petition ins by Anonymous Coward · · Score: 0

    It is useful just not by the people who sign them. It gives politicians a list of people to target should they need a scapegoat for something lascivious. "I am deeply disturbed that my rival was viciously attacked! It must have been petition signer #37 on petition X since they had a grievance against him."

  74. Good. by Anonymous Coward · · Score: 0

    Good, I hope people keep harassing them the rest of their lives. The can always go and plead their case to Aaron, then the harassing will stop, just as it did for him.

  75. Actions have consequences? by ebunga · · Score: 1

    What a shock.

  76. He wasn't guilty of that. by Anonymous Coward · · Score: 0

    He was "guilty" of scripting access to data he had every right to download.

    Accessing it without scripting was fine.

    It was AT WORST a breech of a civil contract and therefore not a criminal offence, nor even a misdemeanour.

  77. Eyes in abundance by Okian+Warrior · · Score: 1

    An eye for an eye leaves one man with one eye, and we know already that in the land of the blind, the one-eye'd man is king.

    Yeah, about that...

    This "turn the other cheek" thing is great and all, but when taken to extremes it allows (and condones) complete oppression of the meek by the strong.

    A more nuanced view might hold that "turn the other cheek" is a recognition that people sometimes make mistakes, and if they're contrite they're deserving of forgiveness.

    If they're a self-serving bastard however, society is better served by taking an attitude of stand your ground.

    There was a recent incident in NH where an electrician discovered two people breaking into his truck, containing lots of equipment and supplies necessary to his job. He tried to scare them away, they didn't back off, so he beat the crap out of them. Allowing them to continue (the police arrived 45 minutes later) would have seriously affected his ability to make a living.

    "Turn the other cheek" has context; it is not universal, to be used in all situations. In the case of Carmen Ortiz, we also have "responsibility for ones actions", "recurrent behaviour", and "value to society".

    1. Re:Eyes in abundance by AlamedaStone · · Score: 1

      Yes! Jesus said turn the other cheek, but he also flipped out on the moneylenders (if my dim recollection of Sunday school is accurate). There's a time for tolerance and there's a time for taking a stand.

      I don't think two wrongs make a right either, and I don't support threats of violence, but our collective voice is amplified enough to be heard for the first time in human history. All the old roads of communication have tollbooths (and armed guards). We do what we must because we can.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    2. Re:Eyes in abundance by RobertLTux · · Score: 1

      http://bible.cc/matthew/21-12.htm

      you remembered correctly and i think that whole thing of turning the other cheek is taken out of context (and does not cover what you do AFTER turning said cheek).

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    3. Re:Eyes in abundance by T.E.D. · · Score: 2

      Jesus said that if someone hits you on the right cheek (the one they'd hit if they backhanded you like an inferior), you should present the other one (the one they'd hit if they punched you with their dominant hand, like one does with someone of their own social station).

      If you think the "right" part isn't significant, then perhaps this is advocating extreme nonviolence. But many people see this as actually a call to insist on being treated as an equal, even in the context of being assaulted.

    4. Re:Eyes in abundance by azalin · · Score: 1

      Oh and while were at it, an eye for an eye was at the time seen as a vast improvement in justice and very moderate. It meant that the punishment or retribution should not exceed the damage of the crime. The whole vendetta touch this sentence has nowadays is newer and is quite opposite of the original intention.

    5. Re:Eyes in abundance by Anonymous Coward · · Score: 0

      Turn the other cheek actually meant to make them punch you with their right hand, and by doing so treat you as an equal.

      http://en.wikipedia.org/wiki/Turning_the_other_cheek#Literal_interpretation

    6. Re:Eyes in abundance by Anonymous Coward · · Score: 0

      "Turn the other cheek" has context; it is not universal, to be used in all situations. In the case of Carmen Ortiz, we also have "responsibility for ones actions", "recurrent behaviour", and "value to society".

      Correct: the context is that this is what Christians do.

      If you're not a Christian, there's no mandate to "turn the other cheek."

      If you are a Christian, however-- well, being Christian is hard. That part about loving your enemies, turning the other cheek, all that-- yes, it's hard.

    7. Re:Eyes in abundance by Anonymous Coward · · Score: 0

      Except that it wouldn't make any sense in the context of the larger passage.

      "You have heard that it was said, 'Eye for eye, and tooth for tooth.' but I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also.

      So, being treated as an equal does not make sense in the context.

    8. Re:Eyes in abundance by sveinungkv · · Score: 1

      So, being treated as an equal does not make sense in the context.

      The wider context include The Law of Moses and the context it was spoken in. 'An eye for an eye...' is a statement on how the punishment should be proportionate to the crime. The Law also require other things like a fair trial and a burden of evidence before the suspect can be judged guilty. Sometimes you know the guilty won't get what he deserves. It is hard to trust God to avenge you. Ignoring the rest of The Law and taking the matter into your own hands seems like a great idea. You even have a Bible verse on your side! Jesus lived in roman occupied Israel. It is therefore reasonable to conclude He was reminding people that ignoring parts of The Law by avenging them self (and trying to justify it by quoting another part of The Law) was a sin.

      It remains a sin today. Say that you are husband and someone have raped your wife. You know all he risk is a few years in a nice, comfortable Norwegian prison cell. Killing him to get justice is still a sin. Say you are the father of an aborted child and you have tracked down the guilty abortionist. Abortion is legal. Killing him to get justice is still a sin. While I assume that it must be extremely hard in cases like those I just mentioned the proper thing for a Christian to do is to leave the vengeance to God in stead of killing the guilty. As Paul said in Romans 12:19 "Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord."

      --
      Spelling/grammar nazis welcome (English is not my first language and I am trying to improve my spelling/grammar)
  78. If you can't do the time... by Impy+the+Impiuos+Imp · · Score: 1

    (insert entire OP text here)

    And?

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  79. Re:Maybe they should have signed this petition ins by Anonymous Coward · · Score: 0

    You're all forgetting the most important item for the list:

    9. Anything.

    Don't bother protesting, your masters don't approve of it. Just learn to accept your slavery like all the other good tools, you will never change anything.

  80. Re:Maybe they should have signed this petition ins by Opportunist · · Score: 1

    A dictatorship could of course work. If you have a dictator who has the good of the nation, its well being and its prosperity in his mind and not his personal gains, his own well being and his own good.

    Now, we don't assume that we will find one such person. Hence we don't support dictatorships. But in the twisted logic of the human mind, we think that if we cannot find one such person, finding 300 millions with that quality and calling it democracy is easier.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  81. Re:Maybe they should have signed this petition ins by Elbereth · · Score: 1

    I agree that it seems that way, at first. However, it seems unlikely to actually affect meaningful change. More likely, it will either be ignored or eliminated. A petition has just as much chance of scaring politicians into changing their behavior, and it doesn't bring about connotations of vigilantism and what I suspect will come to be known as "Internet terrorism".

  82. Re:They were just doing their jobs.... by Anonymous Coward · · Score: 0

    Bullshit. See: My Lai massacre. The Nuremburg defence was accepted.

    That was 4 decades past. Things have changed a bit since then, Sparky.

  83. Re:Maybe they should have signed this petition ins by Opportunist · · Score: 1

    Ok, we have accounted for the useless bits. Now please inform us what we CAN do. From this vantage point it seems the only thing that seems to work in your mind is to pick up that rifle, get some good buddies and head for the state capital.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  84. What law? by Anonymous Coward · · Score: 0

    If they had to bring up BS charges to get a felony, then there can't have been an ACTUAL felony committed, can there.

  85. Re:Maybe they should have signed this petition ins by Anonymous Coward · · Score: 0

    petitions and letters represent lost votes. They are much more effective on a local level than a national one where 25,000 votes is a hell of a margin.

  86. Re:They were just doing their jobs.... by Opportunist · · Score: 1

    And unlike with the concentration camp guys, I guess a negative answer wouldn't have resulted in a few deaths within the family in this case.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  87. Re:Maybe they should have signed this petition ins by Anonymous Coward · · Score: 0

    Yes, because a White House petition that no one will ever fucking read isn't an "unproductive channel" for "activism."

    God you people are getting even more fucking stupid by the day.

  88. Re:Maybe they should have signed this petition ins by Elbereth · · Score: 1

    Hell, I think voting is kind of pointless, but I was trying to limit myself to just Internet activism.

    Regardless, I finally voted again, in 2012, after 20 years of boycotting the voting booth. It felt as pointless as ever, but I got a nice sticker that says I voted.

  89. When the shoe is on the other foot. by Anonymous Coward · · Score: 0

    It fucking sucks ass yeah?

  90. Re:They were just doing their jobs.... by Opportunist · · Score: 1

    And that excuse works everywhere. Corporate America is built on this excuse.

    A department head having to lay off 20% of his workforce will do so, because he has no option, he's gotta do his job. He's got that order from further up the chain. That works up 'til the CEO, who in turn has to do it. He has to keep the company competitive or else it will go under, he's gotta do his job, because if the stock plummets, the investors will bail. Investors are also just doing their job, they're working at a bank and they have a responsibility towards their customers that trust them with their hard earned money, if they picked the "wrong" stocks for the portfolio just to "protect" that company and its jobs, their portfolio would go bad and people who gave them their money would be losing. Investors are by no means just big moneybags, every kind of pension fund works that way too, and they, too, are just doing their job.

    So, next time you get fired and want to know who's that bastard that caused it all, find a mirror. If you have some kind of stock option, some kind of 401k plan, some kind of "preparation for your retirement", chances are that you just fired yourself, in the name of doing your job.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  91. Awwww... by Anonymous Coward · · Score: 0

    Did da widdle pwosecutahs get theh widdwe feewings hurt? Mommy will kiss it and make it bettew.

  92. Re:When you kill someone, expect consequences... by Anonymous Coward · · Score: 1

    Remember all the anti-bullying laws (online/offline) that were passed after several people committed suicide after being bullied???

    Anything someone does that leads to another person committing suicide is now a form of murder.

    Choice of weapon, removal of hope, increased shame, increased guilt, removal of the will to live. Deadly as a bullet, and yes, they are murderers.

  93. fuck them by Anonymous Coward · · Score: 0

    I've been the target of unethical attorneys like the scum who went after Swartz.

    Death is too good for such scum.

    A long life which is full of terrible suffering would be best for them.

  94. Re:Maybe they should have signed this petition ins by Anonymous Coward · · Score: 0

    Finding such a person won't be difficult to find at all, but force that all the minions down to the last cop would have a similar behaviour is just impossible.

  95. Tiered justice by Okian+Warrior · · Score: 1

    So it's only a justice system when it's convenient for you? Swartz repeatedly committed an offense and refused to cooperate, breaking several laws in the process.

    As for the supposed Wall Street crimes, can you link a name with a specific crime ? Last I heard greed and stupidity weren't illegal, so unless your planning to jail all the Americans who knowingly purchased properties they couldn't afford along with the Bankers who approved them knowing they couldn't pay along with the Politicians that loosened the regulations because the public demanded it, then you're just blowing hot air.

    You're missing the point, I think.

    There are a lot of "big fish" which are ripe for harvesting, yet the justice department spends money and resources pig-piling on the weak and vulnerable. They concentrate on the cases that don't make much of a difference, while giving colossal social injustice a "bye".

    To respond to your question directly, HSBC was investigated and found to have a long history of criminal activity, including "... senior bank officials were complicit in the illegal activity.". Prosecutors chose not to press charges, simply because the bank is too important: [Assistant attorney general] Lanny Breuer stating "it could have cost thousands of jobs".

    But lets put this into a better context.

    Aaron Swartz was harassed to death based on the legal theory that violating a site's TOS is a felony.

    At the same time, spammers are allowed to take people's money, despite being relatively easy to track down ("follow the money") and robocall laws are unenforced despite being relatively easy to track down ("follow the money").

    The government has excellent tools for following money trails, and could do society a great service by sending a chilling effect to fraudsters.

    Instead, they hound a lone engineer to death for violating a TOS.

  96. Re:Funny or Sad by Anonymous Coward · · Score: 0

    Good to know that we all have your implied permission to bully and harass you and your family! Defending the prosecutors in this case is pretty much like defending the war criminals during the Nuremberg Trials. If you do it, you will suffer severe repercussions for betraying your own humanity.

  97. Harassment you say? by Libertarian001 · · Score: 1

    Well, once they start committing suicide...

  98. Re:Funny or Sad by Anonymous Coward · · Score: 0

    Ya know, the "prosecutors" have essentially and factually and publicly made statements
    supporting their over-achievement/over-reaching in the handling of his case. So, yes people are upset.
    A person is supposed to do what they were supposed to [be] doing, but you forgot that that statement
    requires a conscience decision, unless you're okay with Nazi guards' handling of the Jews during WWII - as they
    were simply following orders themselves. This is what happens when a point is not thought through to its conclusion...

  99. Re:They were just doing their jobs.... by PhxBlue · · Score: 1

    Nope. In the US that doesn't fly. You'll go to jail, and the ones who gave the orders will put you there. (See Abu Ghraib)

    Actually, if Abu Ghraib is any indication, you'll be thrown into jail, and the ones who gave the orders will, at worst, have to take a cut to their retirement pay. The military even has a term for this: different spanks for different ranks.

    --
    !#@%*)anks for hanging up the phone, dear.
  100. Re:When you kill someone, expect consequences... by Anonymous Coward · · Score: 0

    These ass-clowns will get sent to the country-club prisons, play 9 holes of golf before being bedded by their female prison guards.

    Why pay that? by lethal injection, I was thinking air embolism, or blood clot - preceded by acid injection - something nasty and painful, that takes weeks to die, writhing and wailing in pain.

  101. hmmm by Anonymous Coward · · Score: 0

    Maybe it's called getting what you deserve.

  102. EFF is toothless by ub3r+n3u7r4l1st · · Score: 1

    People will need to start gang up and refocus the resources. Start getting your people to elected from the lower level and moving up. Pirate party is a good example.

    If you can't beat the system, join the system.

    The Electronic Frontier Foundation (or similar orgs) needs to be reformed to include a paramilitary that intended to combat prosecutorial miscounduct. After all, force is what this administration only understands, because that's how they do things, and that is why they orchestrated all these false flag massacres in preparation to revoke your second amendment rights.

  103. Is there any ACTUAL EVIDENCE.......... by Anonymous Coward · · Score: 0

    of them ACTUALLY being harrassed? I mean this could just be whining on their part.

    1. Re:Is there any ACTUAL EVIDENCE.......... by ub3r+n3u7r4l1st · · Score: 1

      chances are the evidence are sealed.

  104. Let's even the playing field! by guru0010 · · Score: 2

    Let's get one thing perfectly clear about the United States justice system. It is not equitable and in no way just. Police are not objectional investigators any more that Prosecutors are looking for justice. The job of the police is to strictly gather any evidence that they can use to pin the accusations on the individual. They interview using coerction, lies, and threats to try and break a subject. Once they "think" you've done something the game is over. They are not out for the truth any longer, they are out to set you up. Prosecutors are the same. They will level 30 or more trumped up charges to intimidate the individual into accepting a plea bargain. The plea bargain adds a "win" to their statistics and doesn't cost them an arm and a leg to prosecute and get a win. Let's change the laws to even the playing field. Don't allow them to use lies, coerction, or threats to gain a conviction! If they are the upstanding honest hard working individuals that they claim to be then this would be fine by them. Also remove their protections under "color of law". If they screw up, make them personally liable for any and all damages. Then you will begin to see an equitable system of justice.

  105. How do you physically break into a network? by Anonymous Coward · · Score: 0

    Do you take it apart and wear the plastic cable sleeve on your head, or what?

    No, he didn't physically break into it.

    He didn't break in at all. He had valid access to the system. The civil contract said that he shouldn't script access and he did, but that isn't breaking in.

    1. Re:How do you physically break into a network? by stenvar · · Score: 1

      How do you physically break into a network?

      He trespassed on the MIT campus, went into a wiring closet, connected a laptop to MIT's wired network that he did not have legitimate access to, and concealed the laptop there.

      He had valid access to the system. The civil contract said that he shouldn't script access and he did, but that isn't breaking in.

      He didn't have "valid access" to MIT's wired network. That's what he was charged with breaking into. Read the indictment.

  106. Two wrongs don't make a right by Theovon · · Score: 1

    I would never condone threatening messages to the prosecutors. Keep in mind that it is their job to prosecute, and they don't keep their jobs if they don't get convictions. It sounds sad, but there is in fact enough crime that there are plenty of real criminals to prosecute that they could do this job legitimately under those pressures. Unfortunately, many lesser criminals are easier targets. It's important to point out that regardless of what they did, threats of violence are inappropriate, simply because threats of violence are ALWAYS inappropriate. This is not a defensive military statement or action against someone with nukes; these people are just asshole attorneys who happen to be responsible for someone's death by gross neglegence. When someone is convicted of neglegent manslaughter, the sentence is lesser than when someone is convicted of premeditated murder and will involve jail time rather than lethal injection.

    That being said, I think these prosecutors deserve a lot of flak for what they did, and they too should be the target of some heavy-handed prosecution.

  107. Being succint. by Anonymous Coward · · Score: 0

    This feels right because quite frankly some people who were... unpleasant or so stupid that they cause harm to someone for NOTHING at all are getting their comeuppance. I think maybe this sort of social justice is missing from today's spread out society. See? It is totally impersonal! Just a job with no consequences for ill thought out actions!

    Does that make their own torment right? Not really. But it is needed and they have noone truly to blame but themselves. Just a self correction of a small system. Deserved probably since they eneded up causing such a heavy price to be payed so unfairly.

  108. I actually don't have sympathy... by Anonymous Coward · · Score: 0

    You know what, usually, I have some sympathy - doxing is a noxious practice and two wrongs do not make a right. So I feel a little bit conflicted.

    Just a little bit, mind, because I think if there was ever a time when doxing was justified - when it would be impossible to work within the system to address a grievance with an agent of the government who abused their power this is that time.

    They abused the law and hounded a young kid to his death. They ruined a man's life in order to do nothing more than prop up their careers. There was no public safety issue here, nor was there any real consideration of the facts independent of "can we win a big computer case?"

    I want these guys fired, disbarred, and possibly prosecuted if they did indeed break laws. But the practical matter is that it's not likely to happen - in fact I'm almost positive that it isn't.

    I would *never,* ever, participate in vigilante justice. But you can be damn sure that if I was asked to serve on a jury for someone who took things a "little too far," I would find "not guilty" by jury nullification.

  109. Harashment? by Anonymous Coward · · Score: 0

    They killed a person, and not just a random persin but a person fighting for our rights.

  110. Play by their rules? by Anonymous Coward · · Score: 0

    You're right, and yet, not really.

    In theory, yes, we should deal with this and most issues by "talking to newspapers, senators, congressmen, etc." rather than through lashing out (or just peeing and moaning on the internet).

    In reality, unless lots of people do that, it achieves nothing; frequently, lots of people can do that and it STILL achieves nothing unless it's pursued with such overwhelming numbers, money, and persistence that is absolutely impractical to sustain for anything close to the number of Things That Are Completely Screwed Up.

    Meanwhile, peeing and moaning on the internet is easy and (thanks to the social web) often gratifying, while online vigilantism allows small groups or even individuals to make a real difference. One that is, yes, probably counterproductive, but a difference all the same.

    By contrast, one notices after a while that "their rules" seem intentionally and effectively designed to ensure that they always win.

  111. go ahead and vomit. by Anonymous Coward · · Score: 0

    I don't care.

  112. Same defense given by America's most notorious spy by Jameson+Burt · · Score: 1

    In 1988, Jonathan Pollard's (America's more prolific spy) father defended his son by claiming members of the U.S. military were proliferating swasticas against his son. I'm surprised when those who went over-the-top whine.

  113. consequences by Anonymous Coward · · Score: 0

    Actions have consequences, and not all are within the legal system. This is the modern equivalent of being tarred and feathered. They deserve it.

  114. Hmmm, their information..please. by Anonymous Coward · · Score: 0

    Does anyone have said information on said prosecutors?

  115. It wasn't me by ArtemaOne · · Score: 1

    I didn't harrass them. I am glad that there is some justice, since the prosecuters obviously are not the ones who are bringing it to the country. Would I harrass them? No. Am I happy they're being harrassed? Sure.

  116. Re:Maybe they should have signed this petition ins by lcam · · Score: 1

    Good point. +1 to internet activism only.

    The public protest issue is one the really gets under my skin though.

    While we are on the topic of voting and the "I voted" sticker, it occurred to me that, as consumers, what we choose to consume is rather like a vote. Businesses fail if they don't have a way to move their products or services. By choosing to consume certain product or service we perform the equivalent of "voting" for a firm by helping keep them in business.

    In that light, by consuming a product that is manufactured by a company who outsourced its production facilities, we "vote" for outsourcing. We vote against using our own workforce. We vote for a degradation in the symbiosis between factory and worker/household in the micro-economy model diagram.

    Organizations that choose that type of strategy depend on at least two things: 1. disorganization of the consumption of the public or that the irrationality of the image of consumption is more important than the reality. 2. The continuation of the nexus of greed (selfishness) in purchase decisions.

    Games theory.

    I'm not saying that capitalism should be abandoned, only that we, the people, should govern ourselves better. We should have made a bigger deal of Swartz before he had to pay the ultimate price. And since that's not possible anymore, we need to be ever more vigilant that it doesn't happen again.

    Please excuse the long winded off-topic.

  117. Re:Maybe they should have signed this petition ins by crhylove · · Score: 1

    LOL. You think Obama reads those?

    --
    I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
  118. Re:They were just doing their jobs.... by inode_buddha · · Score: 1

    AMEN and I *hope* somebody mods you up. You would have had all my points if I had them.

    I would only add, that "excuses" sound like somebody is trying to dodge their personal responsibility for their actions. Which is exactly what they are doing, and it should not be tolerated in any part of society. Its what got us into the economic collapse, various wars, etc.

    --
    C|N>K
  119. Big up the threat... by Martin+S. · · Score: 1

    Just so that when they track down some peon they are throw a life sentence at him.

  120. http://www.suicidepreventionlifeline.org/ by michaelcole · · Score: 1

    http://www.suicidepreventionlifeline.org/ Don't take it personally. People are sometimes mean. Often it's because they're bullies and they have no understanding of how abusive they are, or the hurtful consequences of their actions.

  121. Re:Good--Don't become what you hate. by amiga3D · · Score: 1

    It's not about politics dickhead, it's about just having a moral compass. Yes he broke the law. They proceeded to charge him with tons of shit he wasn't guilty of instead of just what he had done. This is an officer of the court we're talking about, not some gutter thug going "give me your money or I'll kill you" but that is essentially what she did to him. Plead to this or we'll utterly destroy your life even though we know you aren't guilty of anything but this minor stuff. It's abuse of power. They should be fired. People have every right to be angry (although the death threats are over the top) because she's not even getting her wrist slapped. I don't like the fact that so many people are sinking to her level though. By acting this way instead of calling their elected officials and raising hell they become the same filthy shit that she is. Don't become what you hate.

  122. Re:Maybe they should have signed this petition ins by Opportunist · · Score: 1

    Still easier than trying to get 300 million honest, selfless people who put the well being of their country over their own, don't you think?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  123. Poor Diddums by Anonymous Coward · · Score: 0

    Maybe the assholes won't be pricks to others in future eh?

  124. Prosecutors will be violated. (nt) by Geezle2 · · Score: 1

    nt

    1. Re:Prosecutors will be violated. (nt) by Opportunist · · Score: 1

      LOL! And me without mod points...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  125. I can't help, this sounds like on the schoolyard by Opportunist · · Score: 1

    When the bully runs to the principal and cries that the girls called him fatty-fatty-fat-fat.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  126. Lucky by kentrel · · Score: 1

    It's nice that they're alive to tell us about how they feel. Aaron is not. I can't imagine the amount of pain he went through that drove him to kill himself, but I imagine he felt something close to what someone in a burning skyscraper might feel, and did what they might do. Take the least painful route. These guys face a different situation, and have a different choice. When your worst problem is getting hate mail, you have options.

  127. They're just feeling the love! by Anonymous Coward · · Score: 0

    Love taps...

    Their financial stuff is probably next... nothing changing a few debit cards can't fix

    Then when they think they're all clear comes the anonymous tip turning them in for the illegal porn on their work computer(s)...

    Cyberbullying can be a terrible thing... especially when it becomes asymmetrical warfare conducted against those who believe in their own power

  128. lawyers being harassed by Anonymous Coward · · Score: 0

    As well they should be. An innocent lawyer is an oxymoron.

  129. Memeing the bastards by shiftyeyes · · Score: 1

    memo to Ortiz and Heymann: remember what they did to Ridiculously Photogenic Guy http://goo.gl/hQ0St and his only sin was looking good; Steven Heymann and Carmen Ortiz were the federal prosecutors that left no stone unturned, spared no expense and basically engaged in an orgy of beyond the pale hyper-legal tactics that haven't been applied to any white-collar criminals in the banking/Wall Street sectors that contributed to the near collapse of the American economy, hmm I wonder why that is? time for some clever people to turn them 2 into internet memes like they famously did to UC Davis police officer Lt. John Pike http://goo.gl/yQ7bD caught pepper spraying student demonstrators on camera and video and who six months later was fired. from Slatest 8-1-2012: "After Pike was identified as the officer in the video, the hacker group Anonymous posted his home- and cellphone numbers online. Since the incident, he’s reportedly received 17,000 angry emails, 10,000 text messages, and hundreds of letters. He changed his phone number, email address, and has moved several times." let the good times roll Heymann and Ortiz

  130. Re:Maybe they should have signed this petition ins by sjames · · Score: 1

    The petition reached it's goal nearly 2 months ago and not a peep has been heard. Perhaps if there had been a meaningful response to that petition, these other measures wouldn't be in play now.

  131. Guess they are going to learn about being.... by 3seas · · Score: 1

    ...slashdotted...

  132. Re:Maybe they should have signed this petition ins by pissoncutler · · Score: 1

    I haven't seen any response to either the petition to discipline Carmen Ortiz or Steve Heymann, but I'm hoping the White House knows that tech professionals are watching.

    The actions of these prosecutors is just an example of what is wrong with the system. I have a number of friends and family in law enforcement, but I have to say that my reaction to the recent news of harassment (even attacks) on prosecutors is ambivalence. If their version of "justice" is extorting a plea, they deserve anything they get. I feel sorry for honorable men and women who are stuck in a profession that no longer values anything other than expedience.

  133. What "an eye for an eye" was about. by Ungrounded+Lightning · · Score: 2

    An eye for an eye leaves one man with one eye, and we know already that in the land of the blind, the one-eye'd man is king.

    By the way: "An eye for an eye and a tooth for a tooth" was really about avoiding escalating vendettas by limiting retaliation (official or otherwise) to no more than the original offense.

    Draconian punishments for copyright violation (or allegations of it) seem to be a textbook case of what the prescription was about. If the massive escalation on the institutional side led to substantial retaliation against those administering it, resulting in an escalatory spiral, that would be unsurprising.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  134. Re:Maybe they should have signed this petition ins by pissoncutler · · Score: 1

    In response to my own comment, I should add that I don't encourage or endorse violence against these folks (or even harassment) -- the correct method is to peacefully work with the system to advocate change and to seek punishment for egregious violations such as the prosecution of Mr Swartz. (In re-reading my comment, I think it came across a bit harsher than was intended).

    tl;dr Their (alleged) lack of honor in dealing with Mr Swartz doesn't give us a pass to also act dishonorably.

  135. Re:WOW by Anonymous Coward · · Score: 0

    Today's Tom Sawyer knows that changes aren't permanent, but change is.

    He also apparently gets high on energy. Either too much Red Bull or he needs to stop sniffing the oxides off of aluminum electrical wires.

    </nonsequitur>

  136. Re:Funny or Sad by Anonymous Coward · · Score: 0

    Fuck off JSTOR shill.

  137. Well, karma's a bitch by EngnrFrmrlyKnownAsAC · · Score: 1

    and so is Carmen Ortiz.

    How are she and Heymann still employed?

    --
    Howdy howdy howdy
  138. Re:Maybe they should have signed this petition ins by sjames · · Score: 1

    Given that we've at least seen evidence that someone knows about the harassment, but none at all that anyone has noticed the petition, apparently harassment is more effective.

  139. Re:Maybe they should have signed this petition ins by sjames · · Score: 1

    That and run their pants up the flagpole.

  140. Re:Maybe they should have signed this petition ins by tlambert · · Score: 1

    Activism is useless when it is aimed at unproductive channels. Instead, they should have signed the petition to remove the DA in question. Or written a letter to the state.
    Petition to remove DA Carmen Ortiz

    Like most of the ill-worded and jurisdictionally misdirected petitions on that site, that one exists to make the public feel as if they've done something about a problem and therefore can dismiss it from the collective consciousness and go back to business as usual.

    The request in that petition is not actionable by the executive branch of the Federal government.

  141. You have missed the point, I think by tlambert · · Score: 1

    The petition reached it's goal nearly 2 months ago and not a peep has been heard. Perhaps if there had been a meaningful response to that petition, these other measures wouldn't be in play now.

    You have missed the point, I think.

    That IS, in fact, a meaningful response, you just don't like what it means.

  142. Good by Anonymous Coward · · Score: 0

    They deserve a lot more than harassment, and should themselves be in jail!

  143. relevant comic by Anonymous Coward · · Score: 0

    http://www.pereanu.com/comic/us-justice-system/

  144. Good! by Anonymous Coward · · Score: 0

    Fuck them, they harassed their victim mercilessly with the full weight of the law behind them to justify their phony self-righteous indignation. I have zero sympathy for these self-pitying assholes. Nobody is threatening to put them in jail for a few decades with any credibility but that's what they did to Aaron.

    That said it really takes a full-retard to threaten a federal prosecutor online, even if you THINK you've covered your tracks.

  145. See this? by buybuydandavis · · Score: 1

    It's the worlds smallest violin, and it's playing just for you.

  146. The Risks Of "Playing The System" by cmholm · · Score: 1

    > If he didn't commit to a crime, then he should have gone to trial, and made the prosecution make the case that he broke the law.

    That's the theory. In theory, theory and practice are the same. In practice, they are not. In practice, when a defendant goes to trial, the stakes go up, way up: you're either going to walk, or the judge is going to impose a sentence more severe than the plea... and given Federal sentencing guidelines, that means *considerably* more severe. In addition, a defendant not of means is going to be at least broke, and likely deep in the hole.

    Even down at the County level, that's why a lot of innocent people plead out. They can't afford to lose, can't afford to defend, and probably don't have anyone a judge/jury will believe to witness on their behalf. Instead, they do their six months plus years "in the system", plus a criminal record, rather than risk years in the can.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
    1. Re:The Risks Of "Playing The System" by Archangel+Michael · · Score: 1

      Almost everything you said is irrelevant to my point. AS, IMHO, did exactly what they said he did. The facts are not really in dispute. In which case, he should have taken the plea. The safety net of Jury Nullification isn't in effect, so judging the appropriateness of the law is not really possible.

      Having been arrested, and tried, for a crime that I didn't commit, I and assure you, that in many cases, the jury can see through prosecutor stubbornness. The facts in my case were such that it was cops saying one thing, and everyone else saying something else. The cops had no chance because they were caught in so many lies it wasn't even funny. My lawyer didn't even understand how the DA sought to put me on trial. The other thing that my lawyer said, was because I was "rich white man", I wouldn't be able to sue for false arrest, but if I was poor black person, it would have turned out completely differently, but if the result ended the same way as me, I would have been able to sue for false arrest.

      Trust me when I say this, our justice system isn't blind, and it isn't fair. I know it. Which is why I support full implementation of jury nullification. It truly is the last bastion of protection against the state run amok. I hate bad laws, and the best way to rid ourselves of bad laws is to protest against them. When we don't, it is bad for everyone.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:The Risks Of "Playing The System" by cmholm · · Score: 1

      I wasn't commenting on AS in particular, but making a general statement (eg. because someone takes a plea doesn't mean they were guilty, and vs.). That said, your points are spot on.

      --
      Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  147. What exactly is harassment of a public official? by Anonymous Coward · · Score: 0

    First off no one should be doing anything illegal to either of these prosecutors because doing illegal things is just working against what Aaron REALLY stood for and only serves to give these creeps ammo to mischaracterize and re-frame the entire issue away from prosecutorial abuse of power lack of perspective and good judgement which is THE issue here.

    That said, you're a very public official with the ultimate power to take away citizen's rights and freedom, potentially forever and with the power life and death over citizens- a power you apparently get off on and anyways have proven you wield casually, recklessly with no concern for the dictates of justice, never mind common sense and proportionality.

    So what exactly IS harassment of such a public official? People graphically , imaginatively and repeatedly expressing their displeasure directly at you? You think society should give you immunity from that when it really starts to "get" to you? You think you ought to be somehow lofted above and beyond the voices of the people you casually trample on? You think they have no right to tell you to your face what they think of you, and what you did, or they should stop doing it when you grow tired of it ?

    May I suggest to you that you are a person who does not belong in the kitchen.

    Do you suppose any of the people you sent to jail on charges as trumped up and inflated in gravitas and consequence as the Schwartz case was have grown "tired" of being in jail? Think any of those people are traumatized ? Think any of their families have been traumatized and wanted the nightmare you created, frothed up and then unleashed on them to further your career, to "just stop"? Think any of your victims think that what you did to them was "out of bounds" or constituted "harassment" or do you think, like the rest of us do, that what you did to them is far far more corrosive to the bonds which hold civil society together than anything they did to society?

    The prison-industrial complex is always hungry for fresh meat and to be frank, you're clearly a person who understands their job is to feed that monster. After you've locked up all the Black marijuana peddlers you can scrounge up out of the tax-base starved, opportunity -free zones you call ghettos and put away every anyone unlucky enough to have some lying, someone doesn't-like-you !, witch-hunt finger pointed at them which you prosecuted with just a thimble-full of circumstantial-only evidence slathered over with copious amounts of the most sickly, evidence starved your-office-made-it-up narrative, who is left to feed to the beast with but the young flesh of anyone who goes through life with an insufficiently timid and deferential attitude towards the well connected and powerful whose bitch you ultimately are?

    You'll live with this to the day you die. That's just an observation of fact, in case you overlooked it. THIS is what you'll be known for now, tomorrow and long after you're dead. If you're remembered at all it will be for THIS. You'll go to parties, you'll meet new people and THIS is what people will think about you, silently behind their smiles and handshakes. Get used to it.

    Life sentences are bitch.

  148. Re:Maybe they should have signed this petition ins by Anonymous Coward · · Score: 0

    Given that the DOJ is part of the executive branch, I am pretty sure the White House can act on it by firing their sorry asses and ordering a criminal investigation into these scumbags.

  149. are they serious? by Anonymous Coward · · Score: 0

    Oh their personal info was let out! A terrible crime.

    Yet it's ok to film our every move. Hypocrites!