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MIT Attempts To Block Release of Documents In Aaron Swartz Case

Dputiger writes "In the wake of activist Aaron Swartz's suicide, MIT launched an investigation into the circumstances that led to his initial arrest and felony charges. It's now clear that the move was nothing but a face-saving gesture. Moments before the court-ordered release of Swartz's Secret Service file under the Freedom of Information Act, MIT intervened, asking the judge to block the release. Supposedly this is to protect the identities of MIT staff who might be harassed — but government policy is to redact such information already."

159 comments

  1. This is why you should apply to MIT! by Anonymous Coward · · Score: 0

    Soo, any tech university that aren't run by fascists?

  2. Who? by Arkiel · · Score: 1, Insightful

    Mmm hmm, mmm hmm. And what ARE the names of the people employed by MIT who helped drive Aaron Swartz to kill himself? I'm not interested in threatening them, I just want to make sure their names are on the Internet and forever associated with the terrible, terrible thing they did.

    1. Re:Who? by smooth+wombat · · Score: 2, Insightful

      Exactly, because when someone installs their own equipment in someone else's closet, tries to hide the fact that they installed the equipment, carfs down oodles and oodles of documents which the general public did not have access to because THEY felt they had the right to decide how the information is used, that person bears no responsibility for their actions.

      It's all on the backs of those who caught the person doing something they didn't have a right to do, not the person committing the crime.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    2. Re:Who? by Anonymous Coward · · Score: 0

      helped drive Aaron Swartz to kill himself?

      Yeah, being melodramatic about it is really going to help.

    3. Re:Who? by Arkiel · · Score: 5, Insightful

      No one is arguing that Aaron Swartz own actions did not contribute to what happened to him. It was suicide, after all. Way to use the all-or-nothing fallacy. Someone is arguing that MIT should not have gotten the government involved, and that there is a pattern of behavior here by them and their employees that should not be rewarded and should, in fact, be punished. I happen to think letting everyone know what these people did is punishment enough.

    4. Re:Who? by hawkinspeter · · Score: 5, Insightful

      You're right, Aaron should have been held responsible for what he did. However, what he did amounted to the digital equivalent of checking out too many library books. He should have been held responsible for that and made to pay back damages to the victim(s).

      However, I don't believe that his "crimes" should have involved any jail-time whatsoever and I'm surprised by anyone who did think that Aaron was a danger to society and should have been locked up for years.

      So, with people being held responsible for their beliefs and actions, why is MIT not just releasing the information and instead weaseling around the court system?

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    5. Re:Who? by smooth+wombat · · Score: 0, Troll

      It was not checking out too many books. He deliberately went into the library, where he didn't have access, and took books which the library had which could only be checked out under strict controls (i.e. the books were rare, old, in bad shape, etc).

      You would agree that someone breaking into a library and performing the above acts should be jailed, correct? If not, then apparently breaking and entering isn't a crime in your eyes, nor is stealing something you don't have access to.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    6. Re:Who? by Anonymous Coward · · Score: 0

      Did you ever watch porn on the internet without paying? That's copyright infringement (probability of it being open source porn is close to 0). Please report yourself to the nearest police station and enjoy your 30 years of jail.

    7. Re:Who? by Anonymous Coward · · Score: 1, Insightful

      If MIT doesn't have anything to hide, they don't need to block the release of the documents. Se how fun it isn't, when it's applied the other way around? Bunch of fucking hypocrites, and they are allowed to continue due to idiots like you.

      It's a fucking shame. And you're a fucking disgrace.

    8. Re:Who? by Hatta · · Score: 4, Interesting

      Using a sledgehammer to swat a fly is bad, not because the fly doesn't need to be swatted.

      --
      Give me Classic Slashdot or give me death!
    9. Re:Who? by Anonymous Coward · · Score: 0

      what he did amounted to the digital equivalent of checking out too many library books.

      This is Slashdot. Can you please rephrase in terms of LOCs?

    10. Re:Who? by djmurdoch · · Score: 5, Insightful

      Rare old books are a limited resource. If he took those, nobody else could use them. That would be stealing.

      Checking out too many books from the library means those books aren't available for other library patrons to check out. That's rude.

      What he did was weaker still. He violated a copyright license. JSTOR had negotiated monopoly rights to copy those articles, and he violated their rules. He probably didn't deprive anyone of anything, though he may have damaged JSTOR by making it harder for them to negotiate rights in the future.

    11. Re:Who? by TheGratefulNet · · Score: 5, Interesting

      If not, then apparently breaking and entering isn't a crime in your eyes, nor is stealing something you don't have access to.

      where have you been the last year or so? the government is breaking and entering our digital lives at a much deeper level and much wider level of population (ie, EVERYONE).

      they are not punished for their 'digital break-ins'. why should citizens, then? it seems its ok, in today's world. if the gov can get away with it, then it must be legal. RIGHT?

      doublestandard much?

      --

      --
      "It is now safe to switch off your computer."
    12. Re:Who? by AHuxley · · Score: 1

      Digital files on an "open campus" do not seem to be like ~"books were rare, old, in bad shape".

      --
      Domestic spying is now "Benign Information Gathering"
    13. Re:Who? by Anonymous Coward · · Score: 0

      Where do you have any fact's that anyway come close to that analogy?
      In your analogy - there was a great risk, because if the old/rare book was lost or destroyed, then
      the act would deprive everyone else of ever accessing that information. Downloading a digital copy
      in no way risks the original. The fact that he was download from a site specifically setup to download
      from hints that it wasn't *that* nefarious. the locked closet thing was *Not* to hack into the site but
      mainly to steal/hide *bandwidth* of the transfer. SO a better ananlogy would be the common booksroom
      that had unlimited copies of all the books, and anyone who checked one out was allowed to keep it forever
      but there were unnecessary rules trying to artificially limit the unlimited information and people could go in
      and take a book here or there, he once tried just parking his car outside and loading up on one of each book
      but got yelled at and chased off, so he snuck a robot inside to grab bunches of books and hide then in a container
      that he could more easily grab.

    14. Re:Who? by Anonymous Coward · · Score: 0

      So you wouldn't mind each and every NSA employee getting 1000 years in federal jail for massive copyright infringement?

    15. Re:Who? by tylikcat · · Score: 2

      Er, no. In the situation you mention, by removing the books he would have been depriving other people of being able to use them, and (perhaps) harming the books themselves. Not particularly analogous at all. (And this is important, as being able to differentiate between physical and intellectual property is pretty central to having a meaningful discussion of intellectual property.)

      He did violate access rules. He *might* have been intending to make the material publicly available - this is broadly asserted, but also disputed.

      He also did kill himself.

      The response to his actions is what is being questioned, and it even this response mostly is getting attention because of his suicide, the response was pretty crazy and it deserves attention.

    16. Re:Who? by betterunixthanunix · · Score: 4, Interesting

      It was not checking out too many books

      Right, because Aaron being in possession of them did not stop anyone else from reading them.

      He deliberately went into the library, where he didn't have access

      He did have access, MIT's network is open and anyone who has access to MIT's network can access JSTOR.

      took books which the library had which could only be checked out under strict controls

      So strict that they give them out in PDF form to anyone who asks.

      --
      Palm trees and 8
    17. Re:Who? by hawkinspeter · · Score: 1

      I think all the replies to this comment have demonstrated what a poor analogy and false dichotomy you've just made.

      For the record, I do not think that a member of the public who breaks into a public library should be jailed. Why should we prioritise the "locking down" of information over the freedom of an individual? Something's very wrong with your world view if you think that makes sense.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    18. Re:Who? by Anonymous Coward · · Score: 0

      Because a crime that hasn't been tried yet obviously nullifies any similar crime that has already occurred...

    19. Re:Who? by hawkinspeter · · Score: 1

      No. No, I can't.

      I'm torn as I regularly read Slashdot, but I live in an EU country and as such feel that I should be using metric units. Anyone know the metric equivalent of 1 LOC?

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    20. Re:Who? by Anonymous Coward · · Score: 0

      > You would agree that someone breaking into a library and performing the above acts should be jailed, correct? If not, then apparently breaking and entering isn't a crime in your eyes

      So far so good. I'd add that one would have to take into account whether the "break in" involves breaking a lock or whether the door was open.

      > nor is stealing something you don't have access to

      That is a dirty red herring. You, Smooth Wombat, are an idiot.

    21. Re:Who? by Anonymous Coward · · Score: 0

      Was it an open secret?
      Like at work, where everyone knows where the boss keeps the keys to his whiskey cabinet, and helps themselves to a shot from time to time?

      But why keep rehashing about what this guy did? let him rest in peace and look at the other people that are still alive.

    22. Re:Who? by Anonymous Coward · · Score: 0

      Do you think MIT should be held responsible for their actions, or not? Aaron is dead, and can't defend himself nor atone for anything he did, any more. Are you saying that because he did (or did not) do something wrong, MIT should be free to act however they please, without any consequences?

      Because, due to your focus in this discussion, that's how it appears. So, how is it?

    23. Re: Who? by Anonymous Coward · · Score: 0

      Would people stop clouding the issue with irrelevant analogies!!!

      Look at exactly what he did for crying out loud!

      He installed equipment in a location and on a network he no longer should have had access to, as it had been revoked. Then downloaded massive amounts of data which was behind a pay wall, which was already bought by the Uni, then released it outside the pay wall and closed network.

      He wasn't hacking a bank, pilfering user, password and SSN's, or anything of the sort. He was downloading documents behind a pay wall and closed network, and releasing to the Internet.

      If you really think the actions by both MIT and the DOJ were justified, your sense of justice is beyond skewed and I suggest you get some sort of perspective about what kind of country you want America to become when it comes to due process and the idea of 'justice'.

      I'm not arguing MIT and the DOJ should not have acted, they just should not have acted in the manner that they did.

    24. Re:Who? by geekoid · · Score: 1

      "what he did amounted to the digital equivalent of checking out too many library books. "
      No. What he did wast the equivalent of going to closed library, smashing smashing in the window, and then throwing books out the window.
      Would you argue the someone who did that was just giving out information that was going to be free anyways?

      Remember, there was breaking and entering, physical access a computer he was not authorized to access.

      You example would only apply if he sat at home a distributed the files via bit torrent.

      MIT is weaseling becasue they are the ones that kept pushing the DOJ for a harsh punishment when the DOJ want to just drop the case.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    25. Re:Who? by geekoid · · Score: 1

      Convenient that you forget about the breaking and entering and then illegal access to the computer system.

      You idiots needs to realize it is not about the docs, it was about the crimes he committed to gain access to the docs.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    26. Re:Who? by betterunixthanunix · · Score: 4, Insightful

      What he did wast the equivalent of going to closed library, smashing smashing in the window, and then throwing books out the window.

      We can quantify the damage done when a window is smashed. Books that are removed from a library must be replaced or they will be unavailable to patrons; that can be quantified as well.

      Can you quantify the damage Aaron did? I suspect it is somewhere around "13 cents in electricity costs."

      --
      Palm trees and 8
    27. Re:Who? by Anonymous Coward · · Score: 0

      Checking out too many books from the library means those books aren't available for other library patrons to check out. That's rude.

      Didn't the JSTOR servers crash because he put like 10x normal load on them? Nice job DOSing it, champion of freedom.

    28. Re:Who? by hawkinspeter · · Score: 2

      Not really.

      If we want to tune the analogy further, it'd be more akin to picking the lock on the library door to get out-of-hours access and then copying loads of books and letting anyone read those copies. (I don't know if he actually caused any significant damage or not).

      Obviously, there's a lot of difference between moving physical books and digitally copying stuff.

      --
      You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
    29. Re:Who? by Anonymous Coward · · Score: 0

      If some tweeker breaks into your house and steals a TV they get what? 6 months out in 3, probably deferred so not time at all.

    30. Re:Who? by Anonymous Coward · · Score: 2, Informative

      So .. breaking and entering will get you, what? 4 months?

      Take a moment to go through the list of charges and tally them up until you hit 35 years and ask yourself if justice was being served. The punishment should fit the crime and, when it doesn't, we need to revisit our laws and sentencing guidelines.

      And no need to call anyone an idiot -- this is one of those issues that divides people and when they feel passionate they respond passionately. There's room for passion in debates like these because it's a powerful motivator and a catalyst for discussion. But let's not forget that the discussion is the important part.

    31. Re:Who? by mdielmann · · Score: 2

      You're an idiot.

      Did you notice the much of the government is also up in arms about what the NSA did?

      And

      Convenient that you forget about the breaking and entering and then illegal access to the computer system.

      You idiots needs to realize it is not about the docs, it was about the crimes he committed to gain access to the docs.

      Wow, did somebody just learn a new word? Good for you!

      I can only assume you're still pretty young, or haven't watched politics very much. Politicians spend a lot of time being very dismayed, concerned, disappointed, and outraged when their opponents do certain things, and then justify those same acts when they're the ones who get caught. When they do something they shouldn't have, they create a law saying they can do that now. If they propose a law and everyone gets upset, they drop it and then propose a slightly watered down version in 6 months or so. If they make a significant promise to get elected, they discover it's just too difficult to keep it once they get elected. If they actually repeal a bad law (or don't renew it), they often find a way to get at least a watered down version in at some later date, or let their opponent re-enact it when they're back in power.

      Given all the antics politicians regularly engage in, why should I give any credit to them because they've formed yet another committee? Let's see what the results are. I'll put my money that the TSA will still be around in three years, and will be doing more ground traffic checks.

      --
      Sure I'm paranoid, but am I paranoid enough?
    32. Re:Who? by Anonymous Coward · · Score: 0

      Funny how you, and every idiot like you, conveniently forgets it's not about charging Schwartz, it's about the hideously trumped-up charges, possibly made only to further someone's career and/or prove a point. If I broke into someone's house, took a TV, and left, I wouldn't be facing around half the average lifespan of a human.

    33. Re:Who? by djmurdoch · · Score: 1

      The B&E wasn't the basis of the threatened 35 year penalty, and in fact Wikipedia says those charges were dropped. The charges that remained were that he didn't follow the JSTOR rules. It's ridiculous that not supporting a monopoly is legally so much worse than breaking and entering.

    34. Re:Who? by Anonymous Coward · · Score: 0

      Because the people who caught Swartz aren't the same people who prosecuted him.

    35. Re:Who? by Anonymous Coward · · Score: 0

      If by "checking out too many library books" you mean "breaking into the library REPEATEDLY and via different methods once they took efforts to close off the security holes he had previously used". Actually, that's not quite right. You would also have to mean "breaking in in such a was as to prevent legitimate library users from being able to access the library while he was doing it". That's correct.

      Still not deserving of what happened to him, but a lot of people are ignoring the fact that he wasn't even an MIT student, and that, frankly, is to miss an extremely important part in the sense that it makes MIT's decision to get federal authorities involved much more reasonable.

    36. Re:Who? by djmurdoch · · Score: 1

      Didn't the JSTOR servers crash because he put like 10x normal load on them?

      I don't remember that, and don't see it mentioned in the Wikipedia article, but if it's true, then JSTOR would have additional reason to sue him beyond the damage to the reputation that I already mentioned.

      The whole thing should have been a civil claim against Swartz by JSTOR for damages. He violated a contract with them, and it may have caused some harm to them.

      That part of it should not have led to criminal charges. The B&E probably was a criminal act, but it's not one that typically has a 35 year jail time penalty.

    37. Re:Who? by Anonymous Coward · · Score: 0

      That little asshole deserved to die anyway. I'm glad for it. One more little defective shit-for-brains bitch in the ground. We need about a million of them to do it.

    38. Re:Who? by Anonymous Coward · · Score: 0

      I don't remember that, and don't see it mentioned in the Wikipedia article

      Of course not. For all their online outrage and indignation, no one seems to have taken five minutes to read the indictment.
      I guess that would be too much like reading TFA.

      The next day, October 9, 2010, Swartz used both the "ghost laptop" and the "ghost macbook" to systematically and rapidly access and download an extraordinary volume of articles from JSTOR. The pace was so fast that it brought down some of JSTOR's computer servers.

      In response, JSTOR blocked the entire MIT computer network's access to JSTOR for several days, beginning on or about October 9, 2010.

      November and December, 2010
      During November and December, 2010, Swartz used the "ghost laptop" (i.e., the Acer laptop) at MIT to make over two million downloads from JSTOR. This is more than one hundred times the number of downloads during the same period by all the legitimate MIT JSTOR users combined.

      MIT's network admins shouldn't have to deal with this shit.

    39. Re:Who? by Anonymous Coward · · Score: 0

      You're right, Aaron should have been held responsible for what he did. However, what he did amounted to the digital equivalent of checking out too many library books. He should have been held responsible for that and made to pay back damages to the victim(s).

      What he did was LESS than checking out too many books, as those hypothetical books were still available for others.

      What he did was tantamount to hogging the library photocopier to copy too many books. Yeah, other people might have to wait longer for the photocopier, and some more electricity was consumed.

      But we all know, violating IP rights is a MUCH MUCH more serious crime than theft or physical violence.

    40. Re:Who? by Anonymous Coward · · Score: 0

      You're right about one thing. All people that violate other people's rights should be held responsible for what they do. The U.S. government has been doing that for years. Unfortunately, the individuals involved aren't being held responsible. In the Aaron Swartz case, a large number of illegal laws were in existence (and still are in existence) and he choose to act as a responsible citizen should in such a situation. The government in turn engaged in a massive illegal prosecution, which resulted in his alleged suicide. A very convenient death for them, certainly.

      In enforcing these illegal laws, the government officials involved were in violation of their oaths to uphold the Bill of Rights, and thus a mechanism exists to bar them from holding any position of public trust or responsibility.

      Of course, it's not clear that the government was the only party with an interest in stopping civil disobedience with respect to illegal laws. The US legal profession thrives on the excessive and unnecessary complexity of the legal system, and there are massive ethical conflicts of interest within US law that the legal profession chooses not to acknowledge. These conflicts of interest are doubtless a major contributing factor to the creation and ongoing existence of a large number of the illegal laws we currently have, including those illegal laws involved in the Swartz case. This kind of thing might have come out in the event that he went to trial, as a result of the inevitable press coverage, certainly something not in their interest. The public, after all, may be mostly clueless about ethics in general and legal ethics in particular, but sooner or later people are going to start figuring out what is going on. The large number of popular anti-lawyer jokes can be taken as an indication that the general public has an intuitive sense that something is badly wrong in the legal system, so it only requires some education (something the press is well posed to provide when they actually bother to do their jobs instead of chasing scandals) to translate that intuition into a real understand of the problems, which in turn is the first step in getting something done about them.

      This is not to say that all legal professionals in the US are unethical, but they all are in a position to benefit from ignoring conflicts of interest to the benefit of their profession, a point that few choose to acknowledge, and even fewer choose to do anything about. Everyone in the US legal profession with a functioning brain knows just how bad the system is, and it is only a matter of time before significant reform will be forced upon them, but they have a huge interest in pushing that day off as long as possible.

      Also, there are billions of dollars at stake for organizations with an interest in protecting the current broken copyright system, some of which are known to routinely engage in abusing the legal system and infringing other peoples rights. All this is contrary to rights arising under the 9th Amendment (ethical practice of law being a right retained by the people, even the appearance of conflict of interest must be avoided), and hence illegal. When billions of dollars are at stake, how much does it cost for an organization already routinely engaged in illegal conduct to pay for a death that will appear to be a suicide?

      Perhaps there was more than one party with an interest in seeing that no potentially dangerous public trial ever took place.

      We have no way of knowing what actually happened in the alleged suicide. There are many ways in which a murder can be concealed as a suicide. Also, modern technology has created all kinds of mind influencing drugs, including some that create depression, which might secretly be administered to a person to influence their behavior. If a drug could create the appearance amongst a person's friends that they are suffering from severe depression, that would greatly reduce the likelihood of an apparent suicide being questioned.

  3. Not Block by Anonymous Coward · · Score: 1

    They don't want to block them, just put them behind a pay wall as a final FU to the memory of Aaron.

  4. I would have expected better from MIT? by dryriver · · Score: 1

    Aren't MIT supposed to be the "good/brilliant guys" in all things tech? I don't understand why they have so much trouble with the Schwartz case... In any case, RIP Aaron Schwartz!

    --
    Why did the chicken cross the road? Because Elon Musk put an AI chip in its head.
    1. Re:I would have expected better from MIT? by Anonymous Coward · · Score: 2, Informative

      The Boston.com article says that MIT's side of things is that they don't want the files blocked, just redacted.

      Nate Nickerson, associate vice president for communications at MIT, said that the university was not trying to block release, simply trying to ensure the safety of MIT employees and security of university networks was protected, particularly after a hoax gunman report in February was linked to Swartz’s death.

      “The basic idea is we want to do this quickly, and have a process where we can take a look and propose redactions based on those two characteristics [employee safety and network security],”

      It does express surprise that they've waited until so late in the process to do this though, especially when details like names are usually removed anyway. It is odd.

    2. Re:I would have expected better from MIT? by Anonymous Coward · · Score: 0

      I don't understand why they have so much trouble with the Schwartz case...

      MIT is no different than any other big business venture. Follow the money and you'll probably find some big shot MIT administrator that made a lot of money (or thought he would) by having him prosecuted.

    3. Re:I would have expected better from MIT? by Anonymous Coward · · Score: 1

      Apparently you don't know much about the history of MIT.

    4. Re:I would have expected better from MIT? by Anonymous Coward · · Score: 0

      You're supposed to use the dropdown box to select the proper rating.....

      (and if the entry you want is missing tough luck)

    5. Re:I would have expected better from MIT? by sjames · · Score: 1

      I guess by redacted, they mean the classic joke where the end result is a fax consisting of 100 entirely black pages.

  5. Sleep with dogs, you get fleas, MIT by TWiTfan · · Score: 0

    Guess someone is a little ashamed to be caught in bed with the Feds. Hope MIT at least demanded they wear a condom.

    --
    The cow says "Moo." The dog says "Woof." The Timothy says "Thanks, valued customer. We appreciate your input."
    1. Re:Sleep with dogs, you get fleas, MIT by Anonymous Coward · · Score: 0

      Why is it anyone who has anything to do with this type of thing who is in bed with the Fed winds up dead?

  6. Quick! To the racemobile! by Anonymous Coward · · Score: 1

    Were they black? They were black weren't they. This was racially motivated.

    Now here's a bunch of unrelated people to talk about it on tv.

    (i have no idea if i'm joking anymore.... worlds gone insane)

  7. Re: Sorry internet by Anonymous Coward · · Score: 2, Interesting

    This has nothing to do with driving anyone from any org to suicide (that is not dead yet) It does have to do with transparency and accountability though.

    And with a sudden diminisging of MIT's cred with many tech people, sadly. Oh well, there are always others ready to pick any people (students or professors) that won't be heading to MIT as a reaction to this.

  8. Re:Quick! To the racemobile! by wonkey_monkey · · Score: 2

    You're being ridiculous.

    This was clearly the work of gay Muslims.

    --
    systemd is Roko's Basilisk.
  9. Re: Sorry internet by __aaltlg1547 · · Score: 3, Insightful

    And with a sudden diminisging of MIT's cred with many tech people, sadly. Oh well, there are always others ready to pick any people (students or professors) that won't be heading to MIT as a reaction to this.

    MIT's cred with tech people is and has always been about the competence of their educators, the capabilities of their labs and the fact that a degree from MIT is taken at face value to imply a top-notch technical education. That has not changed. Students and professors don't go there for transparency.

  10. Pointless details. Let's look at the meat of it. by intermodal · · Score: 5, Insightful

    There were a lot of problems with the whole Swartz case. In particular, that his actions were considered grounds for harsher punishment than many murderers and rapists. I don't care about the documents half as much as I care about the fact that our system is so broken that copying data is so disproportionately punished.

    It doesn't even matter if Aaron was right or wrong when the fundamental laws, rules and regulations of the case were so flawed in the first place.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  11. Re:Sorry internet by tekrat · · Score: 5, Insightful

    And so where exactly is the "transparency"?

    The kid killed himself because he downloaded information that *should* be freely accessible in a "transparent" world. Instead, it's a crime to do what he did, and he was threatened with excessive penalties, because "downloading" is apparently a WORSE crime than murder or rape.

    Where is the "accountability" here, where the punishment should fit the crime? How has this country become so upside-down?

    I agree that the world would not be a better place with vigilante justice, but it needs to be said that, for most people in the US, there really isn't any other kind of justice at all.

    --
    If telephones are outlawed, then only outlaws will have telephones.
  12. Release of documents by geekymachoman · · Score: 1

    Ok, so I as an organization do something wrong. Judge orders me to release a documentation about it. What stops me to choose what documents I would release and what documents I would forget/destroy/whatever ?

    Everytime I hear about freedom of information and disclosure of documents I'm thinking about this. Especially when it comes to governments which is not the case here.. but the point is still valid.

    Or do they have some sort of 'protection' against this, that I'm not aware of ?

    1. Re:Release of documents by AHuxley · · Score: 2, Informative

      A few have done reverse FOIA:
      http://www.annarbor.com/vielmetti/foia-friday-reverse-foia/
      eg confidential commercial information vs defective parts
      employment records
      individual's privacy

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:Release of documents by Infiniti2000 · · Score: 1

      Your example makes no sense as it doesn't relate to the story. If you as an organization do something wrong, the judge wouldn't do anything except authorize a search warrant, at which point the police will take everything they can find. If you try to hide/destory/whatever, you face significant punishments, above and beyond whatever else they can prove. What's happening here, however, is that MIT is trying to block release of documents from the Secret Service, not themselves. MIT doesn't have those files.

    3. Re:Release of documents by mephox · · Score: 1

      Presumably there's always the danger of someone, somewhere remembering that there was a document that was supposed to be there. Especially a lawyer on the opposition. Some piece of paperwork that is part of the bureaucracy that serves as a flag in a folder as thick as a thigh that, if missing even by accident, raises warning flags.

      Also, shredding papers and burning papers tends to raise eyebrows among the staff who may or may not be in on your scheme and, if not, may just tip off the authorities.

      There are layers and layers of paranoia that a more practiced paranoid than I could get into about what might or might not raise warnings about missing paperwork.

    4. Re:Release of documents by Xest · · Score: 1

      Nothing, that's exactly what happened under Bush regarding the Iraq war. Some hard drives just went "missing".

      As someone else said you can always hope that someone recognises something is missing or destroy but for many organisations it'll be a cost-benefit analysis. What's going to hurt the organisation more, the revelations themselves, or the data proving the revelations themselves being found to have disappeared?

      Say Obama ordered the NSA to assassinate the Queen of England, say someone leaked this but there was no proof, what would hurt him more, evidence proving that fact he ordered it or a revelation that no evidence could be found but may or may not have existed at some point? The latter leaves room for doubt in the accusation so is always going to be a safer route than releasing the evidence.

      Contrast this to a story of say, for example, Microsoft being engaged in financial irregularities, in this case they'd be better off releasing the data and implicating themselves and saying sorry and promising to do better because the excuse "Oh we kinda lost all our financial records" would probably hurt them more because investors would be scared shitless of investing in a company that just "loses" it's financial records. Especially if you weigh in the risk of whistleblowers.

    5. Re:Release of documents by microbox · · Score: 1

      From Yes Minister, "The Skeleton in the Cupboard"

      Jim: How am I going to explain the missing documents to the Mail?

      Sir Humphrey: Well this is what we normally do in, circumstances like these. [hands over a file]

      Jim: [reading] This file contains the complete set of papers, except for a number of secret documents, a few others which are part of still active files, a few others lost in the flood of 1967. [to Humphrey] Was 1967 a particularly bad winter?

      Sir Humphrey: No a marvellous winter, we lost no end of embarrassing files.

      Jim: [reading] Some records which went astray in the move to London, and others when the War Office was incorporated in the Ministry of Defence, and the normal withdrawal of papers whose publication could give grounds for an action for liable or breach of confidence, or cause embarrassment to friendly governments. [to Humphrey] Well that's pretty comprehensive. How many does that normally leave for them to look at? [Humphrey says nothing] How many does that actually leave? About a hundred? Fifty? Ten? Five? Four? Three? Two? One? Zero?

      Sir Humphrey: Yes Minister.

      --

      Like all pain, suffering is a signal that something isn't right
    6. Re:Release of documents by cptnapalm · · Score: 2

      Yes, Minister: the only show that is probably more relevant now than when it aired in the 1980s.

  13. Non issue by Anonymous Coward · · Score: 0

    It's a non-issue to me because if I had the data in my hands, it would be released, court orders be damned.

  14. Re:Quick! To the racemobile! by Anonymous Coward · · Score: 0

    *looks down at the board*

    Hmmm... Servants of Cthulhu to Orbital Mind Control Rays to Yuppies...

    Looks legit to me.

  15. Why so secretive MIT? by Anonymous Coward · · Score: 1

    In its motion, MIT asked the court to establish a process by which MIT could review and propose redactions to any such documents prior to their release. With this motion MIT does not oppose the release of these documents, but seeks only to redact information that could threaten the safety and privacy of its employees, or that could threaten the security of MIT’s computer network.

    Jeez MIT, its not as if you turned state's evidence against the mob and now need witness protection! The fact that they're seeking to hide information which ordinarily would be completely unremarkable, now only piques the interest of everyone concerned with the case. Is MIT hiding something more than the names of a few employees who were trying to track down an illicit use of network resources?

  16. Re:Sorry internet by Anonymous Coward · · Score: 3, Funny

    Don't worry little guy, Eric Holder is on it. He's a stand up all for justice kind of guy.

  17. What do you mean by "good?" by SirGarlon · · Score: 3, Interesting

    Sometimes, someone gets faced with an ethical dilemma and doesn't immediately know what the right thing to do is. In those circumstances, it's understandable that the first thing he does is not necessarily the best thing he could have done.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    1. Re:What do you mean by "good?" by HiThere · · Score: 1

      But when, like MIT, they select nearly the worst thing they could do, you should at LEAST question their ethical judgement.

      They had lots of choices. Picking the best would have been difficult. Not picking a blatantly evil one would have been easy. They picked a blatantly evil one.

      This will tarnish the name of MIT for at least the next decade. (To, admittedly, a decreasing amount.) But the people who made the decision should never again be put in a responsible position. They have proven that they are either ethical imbicles or actively evil. So their names should be made public.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:What do you mean by "good?" by sjames · · Score: 1

      Sure, but since this was a slowly developing situation, they had plenty of time for second thoughts but freely chose to double down on the incorrect action.

  18. Re:Pointless details. Let's look at the meat of it by Anonymous Coward · · Score: 0

    There were a lot of problems with the whole Swartz case. In particular, that his actions were considered grounds for harsher punishment than many murderers and rapists. I don't care about the documents half as much as I care about the fact that our system is so broken that copying data is so disproportionately punished.

    Which was also violating licensing and copyright laws. And breaking and entering. And lying to police. And resisting arrest/obstructing justice.

    Your point is still valid but the full charges should be pointed out or you are being dishonest.

  19. College full of geniuses by Anonymous Coward · · Score: 0

    I wonder if anyone could figure out who the staffers were even if they were redacted..

  20. MIT has no standing by ggraham412 · · Score: 2

    Nate Nickerson, associate vice president for communications at MIT, said that the university was not trying to block release, simply trying to ensure the safety of MIT employees and security of university networks was protected, particularly after a hoax gunman report in February was linked to Swartz’s death.

    “The basic idea is we want to do this quickly, and have a process where we can take a look and propose redactions based on those two characteristics [employee safety and network security],”

    FOIA requests can be redacted to protect the identities of agents in ongoing or sensitive investigations or to protect things like social security numbers whose release could abet fraud. They cannot be redacted to protect institutions from embarrassing imbroglios and bad decisions. That is the whole point of FOIA: the public has a right to know.

    1. Re:MIT has no standing by gl4ss · · Score: 1

      ..wouldn't they like to know if their data is on the swarts secret service file anyways? unless of course if they know it's some info that is going to bomb their reputation to the ground.. which I guess it is.

      --
      world was created 5 seconds before this post as it is.
  21. Re:Pointless details. Let's look at the meat of it by intermodal · · Score: 1

    It's not dishonest if I haven't bothered to research the case. Merely ill-informed. In this case, I read about it several months ago, and am simply going off what bits and pieces I remember.

    But, as you said, my point is still valid generally speaking.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  22. Re:He broke into a server room to download it by Anonymous Coward · · Score: 0

    So it doens't matter what you do, if you kill yourself after the fact you're now the victim.

    Again, his possible punishment didn't fit the crime, but come on. You can't break into private places to take things, regardless if they're given away for free elsewhere.

  23. Re: Sorry internet by Captain+Hook · · Score: 1

    MIT's cred with tech people is and has always been about the competence of their educators...That has not changed.

    Hasn't it?

    --
    These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
  24. Re:He broke into a server room to download it by microbox · · Score: 0

    Well, in a just world, only the guilty would be punished by the law. You seem to believe it is a just world, so therefore Schwartz was guilty of /something/. Which was downloading JSTOR publications, which he had access to. Well, in a just world, we can't have any disobedience to the powers that be, so we should threaten him with penalties worse than murder. (Let's face it, downloading legally accessible journal articles is /far/ worse than murder.) We should then bleed him dry of money in the court system, and bring his life to a grinding halt with all the time it takes. That would be a just world.

    The just world hypothesis.

    --

    Like all pain, suffering is a signal that something isn't right
  25. Since that isn't what happened by Anonymous Coward · · Score: 0

    Since that isn't what happened, in any shape or form, he doesn't have to agree to that for MIT to be in the wrong here.

    Please try again, this time with some reality mixed in, m'kay?

  26. Huh! by jsrjsr · · Score: 0

    Admittedly, he did wrong things. However, how is this the equivalent of books that were "rare, old, in bad shape, etc."? Accessing physical books may damage them. Accessing data on a network doesn't.

  27. You just made that up. by microbox · · Score: 4, Insightful

    where he didn't have access, and took books which the library had which could only be checked out under strict controls

    Bullsh*t. You're just making it up. Swartz was a research fellow at a university with a JSTOR account. That mean he had legal access to them.

    Say, you're not part of Idiot America are you?

    --

    Like all pain, suffering is a signal that something isn't right
    1. Re:You just made that up. by Anonymous Coward · · Score: 0

      Then he should have used that access, instead of breaking into a different university and evading the university staffs repeated attempts to block him.

    2. Re:You just made that up. by geekoid · · Score: 2

      He committed breaking and entering, and he access a computer he DID NOT have authorization to do so.
      Just becasue you can get to a place on the web, does not mean you can go to where the web sited is hosted, break in the back door, and plug in your laptop behind their firewall.

      You seem to know nothing about the case, nothing about his actions. You have the some gall to imply other people are idiots.

      How about you learn the facts about something for talking about them?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:You just made that up. by Anonymous Coward · · Score: 0

      You seem to know nothing about the case, nothing about his actions. You have the some gall to imply other people are idiots.

      read what I was responding too.

    4. Re:You just made that up. by Uberbah · · Score: 1

      He committed breaking and entering, and he access a computer he DID NOT have authorization to do so.

      Which merits at worst a few weeks in jail. A lotta dumbfuckers, then and now, pretend that objecting to 35+ years in jail meant Swartz should have suffered no consequences. No, it means that if the choice is walking or spending half in life in jail for trespassing, the guy should walk.

      Anyone who thinks otherwise, I ask why they haven't immigrated to Saudi Arabia yet so they can watch people be executed for adultery or hands cut off for shoplifting.

    5. Re:You just made that up. by Anonymous Coward · · Score: 0

      He committed breaking and entering in order to commit further crimes. Contrast theft vs breaking and entering vs theft via breaking and entering - the last is generally view as worse than the former two committed separately.

  28. ... nothing to see here, move along ... by BemoanAndMoan · · Score: 2

    Supposedly this is to protect the identities of MIT staff who might be harassed — but government policy is to redact such information already.

    There is nothing in the article that supports your conclusion. From the article:

    In its motion, MIT asked the court to establish a process by which MIT could review and propose redactions to any such documents prior to their release. With this motion MIT does not oppose the release of these documents, but seeks only to redact information that could threaten the safety and privacy of its employees, or that could threaten the security of MIT’s computer network.

    So your outrage is what, that MIT isn't proceeding in the good faith that the government would bear the burden of protecting their staff's identities. Yea, that makes sense.

    If somebody solicits your attention through forced indignation, its a sure sign you are talking to either a) a zealot or b) a drum beater looking for a pat on the back. Nobody thinks what happened to Aaron was reasonable (other than those fetid US attorneys and prosecutors who build their careers by prosecuting beyond reason or justice), but selling shit as Shinola just tarnishes the overall conversation around it, even if there is a grain of truth in what you are selling.

  29. No copyright breech ensued. by Anonymous Coward · · Score: 0

    The documents were licensed for anyone to read. The ToS (not copyright law) required you not use a script to download them, but ANYONE was allowed to get it. As long as they knew the location of the documents store, in an abandoned warehouse, in a locked room, behind a notice saying "Beware of the Leopard"...

    So, copyright infringements: NIL.

    ToS violation (which clause is a civil matter and would fail the "reasonable clause" test for a one-sided contract agreement): 1.

  30. Re:Quick! To the racemobile! by microbox · · Score: 1

    Surely you mean gay muslim atheists.

    --

    Like all pain, suffering is a signal that something isn't right
  31. Re:Pointless details. Let's look at the meat of it by microbox · · Score: 1

    Yeah, on careful consideration, I think Swatz deserved 50 years in prison, and $1 million in fines. Not.

    If you think that is a reasonable penalty, then I suppose you also think Oliver North paid the right price for his crimes as well.

    --

    Like all pain, suffering is a signal that something isn't right
  32. Re:Sorry internet by Anonymous Coward · · Score: 2, Informative

    Just shut the fuck up about this case already. The defence proved that Martin ambushed Zimmerman to punish him. Both people made mistakes but Martins proved fatal. If Martin was smart he would have just kept going and made it home safely. But he chose to confront Zimmerman. Stupid.

  33. Defund all federal contracts to MIT by PhuckIndian · · Score: 0

    Call your local congressman and support this crucial budget cut in the name of freedom. If it is a "D", tell them it supports freedom of information and more open, advanced internet. If it is a "R", tell them it supports reducing the deficit.

    1. Re:Defund all federal contracts to MIT by geekoid · · Score: 2

      Yes, cut what little science and engineering is being done in this country some more, good thinking.

      Find a way to punish the people at MIT you abused the system. I suspect many of the teachers and students are just as appalled by these actions as you and I are.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re: Defund all federal contracts to MIT by Anonymous Coward · · Score: 0

      Given what they did to Aaron Swartz, I would not not drop any tears if they go bankrupt and close tomorrow. There are thousands of universities that are capable of producing the same shit.

  34. Full discosure now!!! by Anonymous Coward · · Score: 0

    Angry mob with torches and pitchforks: "Tell all the names now!!! We want justice!"

    Official: "Why? So you'll kill them?"

    Guy #1 in crowd: "YEAH! Get what they deserv... OOF!" <as guy #2 in crowd elbows him in the stomach>

    Guy#2 in crowd: "um... we just want to erm... talk with them."

    Official looks incredulously at angry mob with torches and pitchforks

    Official: "You really want me to believe you just want to talk to them. What are the pitchforks for?"

    Guy#2 in crowd: "umm... We were in the middle of farmin'??"

    Guy #1 in crowd (impatient): "Quit yer stallin' tell us who they are!!"

    Angry mob with torches and pitchforks: "YEAH! Tell us who they are!! Tell us who they are!!"

    Official: [sighs] "Go home people!" and walks away

  35. Do you want to try again, this time with reality? by Anonymous Coward · · Score: 0

    No, it wasn't "someone else's closet", it was a public building, not someone's private bedroom closet.
    And closing the door is "trying to hide the fact"? WERE YOU BORN IN A BARN???

    Carf (WFT?) down oodles and oodles of documents that the general public WERE LICENSED TO READ, but instead of having to go download from MIT's site, was mirroring them. This is a GOOD thing. It reduces costs for MIT and increases accessibility to the data to the public who, and I repeat this, WERE LICENSED TO READ THE DATA.

  36. Re:Sorry internet by Anonymous Coward · · Score: 0

    I'm going to punt and say you believe Trayvon Martin killed himself too.

    And I'm going to ask you, nicely, to stop kicking puppies.

  37. Re:Pointless details. Let's look at the meat of it by Anonymous Coward · · Score: 0

    be ill informed and misreport facts to make your point seem even more urgent.

    You are so sure that you think you know something. You don't know jack sh*t.

  38. Re:Sorry internet by Anonymous Coward · · Score: 0

    Yup like how he is all over poor innocent George Zimmerman

  39. Re:Sorry internet by Anonymous Coward · · Score: 0

    Different anonymous coward here - There's a difference between blaming the victim and recognizing that the victim made unfortunate choices which facilitated his fate.

    To paraphrase a conversation from the book Sphere:

    *Beth confronting Norman and Harry, all scientists, the latter two were discussing how Beth had been in a relationship with a researcher known to steal others work and how said researcher also did it to her*
    Beth: So what is this, the girl who gets raped is always asking for it?
    Harry: No, but sometimes you gotta ask what she was doing in a bad part of town after midnight.

  40. Re:Quick! To the racemobile! by wonkey_monkey · · Score: 1

    Gay muslim atheist paedophiles.

    But don't call me Shirley.

    --
    systemd is Roko's Basilisk.
  41. Re:Sorry internet by tnk1 · · Score: 1

    I'm not the AC, but no one drove Swartz to suicide, he killed himself. That is because he was mentally unstable to begin with. The only thing he is a victim of is depression and attendant poor decision making.

    The government, of course, certainly didn't go easy on him, and their process of charging people with 2,358,976,543 things to get one charge to stick is horrendous. Still, that's exactly what they do to everyone. It's not like he was singled out for this treatment.

    He knew he could get busted for this. He appears to have done so in the belief he'd get off easy. That was foolish.

    Smacking a tiger in the face might be brave, but don't expect to not have your head bitten off for it. Activists in the past fully expected to be arrested for their actions and were prepared for it. That's why those activists are heroes. They did their actions in the expectation that they'd have to pay a price. There was only a minor technical difficulty in getting those documents. The real heroism is understanding the consequences and going forward anyway. He apparently did not understand the consequences.

  42. Re:Quick! To the racemobile! by cptnapalm · · Score: 1

    Shirly? So... crosdressing gay Muslim atheist pedophiles

  43. Re: Sorry internet by nitehawk214 · · Score: 4, Insightful

    It has changed now that they have shown themselves to be as corrupt and self serving as every other education institution.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  44. Re:Whatcha got to hide there MIT? Eh? The Truth??? by hawkinspeter · · Score: 1

    I don't think that mob justice is justified here as the people responsible most likely had no idea that their behaviour would lead to Aaron taking his own life. However, they were extremely malicious and the papers should be released (with their names redacted if deemed necessary) so that we can prevent this happening again.

    America used to be proud of being "Land of the Free", but it now seems to be that secrecy is valued higher than people's lives. Release the information and let the chips fall where they may.

    --
    You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
  45. How much is this costing MIT? by Anonymous Coward · · Score: 0

    Lots of new AC morons posting completely made up bullshit to paint the court order as some vigilante justice SOLELY because it's MIT that is "at risk".

    Sorry, you done wrong and you don't get to say "Oh, can we check what you're going to print and let us edit it before released" TO A FUCKING COURT ORDER.

    If you didn't wan't to have this shit shown, you shouldn't have done the shit that made this necessary.

    1. Re:How much is this costing MIT? by Anonymous Coward · · Score: 0

      Your response is exactly why they don't want to release the names. You don't want justice, you want blood. I don't think anyone thinks that the court order is vigilante justice. It's the demand for uncensored names even though there have been death threats that is vigilante justice. This is also why there has been so many 'AC morons'... you can't reason with an angry mob. I have an account but I'm not stupid enough to post here with it.

  46. Re:Sorry internet by Anonymous Coward · · Score: 0

    This. I'm not saying that what Swartz did (i.e. the mass download) was necessarily wrong, but he had to back it up by being prepared to stand trial and do time for it, in the tradition of civil disobedience. Otherwise he had no business doing that in the first place. Plus, the supposed right he was fighting for, that college students and (mostly) college-degreed professionals be able to download any academic journal paper without charge, hardly seems to be of the same scale as the great civil rights movements.

  47. Re:Sorry internet by Anonymous Coward · · Score: 5, Interesting

    Threatening to charge my girlfriend with being an accessory and put my kid in the hellhole that is the Mass. foster system might drive me to suicide.

    Which, ya know, the prosecutor did to Schwartz.

    Do you think it is fair to threaten the to take away somebody else's child to get a conviction?

  48. Re:He broke into a server room to download it by Tolkienfanatic · · Score: 0

    I think you mean the defendant.

  49. Re:Pointless details. Let's look at the meat of it by intermodal · · Score: 1

    The people who care already care. The ones who don't aren't the type to read /.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  50. Re:Sorry internet by geekoid · · Score: 0

    Just becasue a library allows you to get free information doesn't mean you can through a brick through their windows when they are closed.

    ", it's a crime to do what he did, and he was threatened with excessive penalties,"
    no, he wasn't. Don't confuse 'Maximum penalty possible' for a crime with what the person will get. This is a classic media ploy to make number seems bigger and scarier.

    The DOJ wanted to drop the case, MIT wouldn't allow them. MIT was the victims so it's not like the justice system can choose to ignore the victims.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  51. Re:Sorry internet by geekoid · · Score: 1

    "The government, of course, certainly didn't go easy on him, "
      MIT not 'The Government'. the DOJ wanted to drop the charges, MIT (the victims)wouldn't let them.

    This is about MIT trying to control damage.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  52. What would Snowden have about Swartz? by Anonymous Coward · · Score: 0

    Would Snowden's terabytes have anyting about this, by chance? Or thwarted attempts on Hastings? That could help a lot.

    Consider Swartz and Hastings as heroic Zimmerans for the Light Side. Fighting mixed-up cowardly bullies, instead of being one.

  53. Re:He broke into a server room to download it by Anonymous Coward · · Score: 1

    Dude, you know how low penalties for burglaries are? If Swartz was charged with Burglary, he could cop a plea deal and probably get a one year suspended sentence! Of course he did something much more sinister! He used a fuckin Computer! We can't have that. Only 3-letter-agencies can use computers to break laws!

  54. Re:Quick! To the racemobile! by Anonymous Coward · · Score: 0

    You forgot "Socialists".

  55. Re:Pointless details. Let's look at the meat of it by intermodal · · Score: 1

    Welcome to the Internet.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  56. MIT coverup by Dcnjoe60 · · Score: 1

    From the article, MIT wants to protect the identity of the people involved and to make sure their network security is protected. They want to be able make redactions above and beyond what the government would normally redact in such a release of information under the Freedom of Information Act.

    I'm pretty sure that everybody would like that opportunity when information is released, but why should MIT get preferential treatment? There are established laws and procedures on what should and should not be redacted. After all, these are the government's papers related to the government's investigation. They are not MIT's papers.

    There are consequences to our actions and if MIT is embarrassed by what the government investigation showed or its employees said, well, that is a natural consequence of the actions they took. That is not to say they were or were not justified in those actions, just that all actions have consequences.

  57. Mod Parent Up by Anonymous Coward · · Score: 0

    starve them. I highly doubt MIT will continue to thrive without any defense contracts.

  58. Re:Sorry internet by hawkinspeter · · Score: 2

    I don't think any sane person would have expected the kind of jail sentences that Aaron was facing for what were essentially victimless crimes. I don't think it is realistic to expect people to sacrifice their freedom (for decades) for the sake of enabling access to academic publications.

    I expect that if he had been facing 30 days in jail, he most likely would have been prepared to stand trial and do the time.

    --
    You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
  59. Can't we all agree on one thing. by Anonymous Coward · · Score: 0

    Can't we all just agree a tallented young man took his own life, and for what ever reason he did so is a sad state of affairs.

    1. Re:Can't we all agree on one thing. by Anonymous Coward · · Score: 0

      Nope.

      He was harassed and attacked until he felt he had no choice but to take his life.

      He was murdered by the USAG's office pure and simple, bunch of murdering scumfucks.

  60. Check with your History Department, MIT by ThatsNotPudding · · Score: 2

    They will politely remind you the coverup always ends up worse than the crime.

    1. Re:Check with your History Department, MIT by Anonymous Coward · · Score: 0

      Not to mention once upon a time MIT was a proud hacker university. Or maybe the administration was always as corrupt and retarded...

      Oh the shame. First the kill, now the coverup. Does the humiliation ever end?

      If I was the type who would harrass the perps of this case, this would be throwing a barrel of petrol on the flames. Now I want blood.

  61. Re:Quick! To the racemobile! by Anonymous Coward · · Score: 0

    no, no we can't make this story work at ALL. there's not enough outrage to play upon.

    it's gotta be black. or white. those are easy to bait.

    muslim might work. we'll need to focus group that tho.

  62. Re: Sorry internet by davydagger · · Score: 1

    thats a tall measure, but at the same token, they do have things to answer to.

    The world is not black and white. If you view it as such you can niether make, nor observe progress.

  63. Re:He broke into a server room to download it by davydagger · · Score: 1

    he never broke into anything though. He was downloading what he already had access to, but not in the same amount. Its a bad analogy. Second, the machine in question was a system available to the public.

    Its no worse than getting a free game in a pinball machine, except for a far more noble cause.

    Lets also remember Rosa Parks was a criminal too, she was breaking a law sitting in the white's only section of the bus.

    Then assume the worst, and he was a criminal, how serious is this crime, a real life burgler would never be charged 20-30 years first offense. Same as someone who robbed a bank at gunpoint. A rapist might get at most 7-10, assault with a deadly weapon against a police officer 15.

    But unauthorized downloading 20-30? Doesn't that seem disproportionate.

  64. Re:Sorry internet by tnk1 · · Score: 1

    Really? All it would have taken was a little research. He was in tech. He should have *known* the ridiculous shit they throw at "hacker-types". I know I do.

    The practices of the Federal government are not surprising or opaque. They may suck, but it is suck that you can see every day by watching any news story about a federal case. Or did you think that they only used pages and pages of charges against mob bosses? Even mob bosses probably don't even do half the shit that they get charged for.

    If you are some sort of hacktivist and you think you are "well-informed", but still think you will only get 30 days in jail, you really need to get a lot better informed. Yes, it could have come down that way, but its a lottery, a very, very unfavorable lottery.

    Repeat after me: You do NOT put yourself in the gaze of a Federal prosecutor and expect to have your hand slapped. Getting noticed by one of them is one of the worst possible things you can do to your life. You had better understand that reams of charges and Federal PMITA prison is a serious possibility.

  65. Re:Sorry internet by Uberbah · · Score: 1

    Really? All it would have taken was a little research. He was in tech. He should have *known* the ridiculous shit they throw at "hacker-types". I know I do.

    Really, that's just more authoritarian apologia. Swartz no doubt also knew that prosecutors love to go after child molesters, but he would have gotten less time for fucking a 14 year old girl (or boy) in the ass than what the DOJ was threatening him with for trespassing.

  66. Re:Whatcha got to hide there MIT? Eh? The Truth??? by Anonymous Coward · · Score: 0

    so if someone didn't know that their actions would kill someone, it's okay?

    Nope, sorry, it's still murder.

    They should be punished - all their money seized, all their assets taken away, and forced to bend over for all the bubbas in prison for life.

  67. Re:Pointless details. Let's look at the meat of it by sgt_doom · · Score: 1

    Your comments are great, only lifelong activists and hacktivists such as myself and others, don't believe the system to be broken, but simply purposely perverted to serve the needs of the super-rich.

  68. Great blog post, now let's examine the details by sgt_doom · · Score: 3, Interesting

    At the latest Bilderberg meeting, who were some of the attendees, and what was the connection to owning the Internet (Web), Aaron Swartz and WikiLeaks?

    http://www.zerohedge.com/news/2013-06-03/full-list-2013s-bilderberg-attendees

    First, there was the primary person pushing for the extradition of WikiLeaks' Julian Assange, Carl Bildt of Sweden.

    Next, we have Robert Kaplan of Stratfor, the private intel outfit which was hacked by Anonymous, providing some most interesting and incriminating data.

    Of course, we also see Alex Karp, of Palantir, the bunch who were prostituting themselves and tripping over themselves to run a disinformation campaign for the banksters against WikiLeaks.

    Most telling, though, was a Harvard attendee, Lawrence Lessig, the dood and attorney for Aaron Swartz, the guy who was supposed to be Aaron's friend and mentor, the guy who brought Aaron into his fold so he could "watch over him" (or how about observe, compromise and interdict Aaron), the guy who waiting until after Aaron had committed suicide before he was planning to tell him that the federal prosecutors had backed away from their original onerous agenda of legally making Aaron give up any online computing for the remainder of his natural life?

    Looking at that latest list of Bilderbergers, it is certainly not surprising to read this about MIT and company!

  69. Re:Pointless details. Let's look at the meat of it by intermodal · · Score: 1

    Wait, how is that qualified as not being broken?

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  70. Re:Pointless details. Let's look at the meat of it by Anonymous Coward · · Score: 0

    YOU'RE A DUMB CUNT!!! SHUT YOUR RETARDED FUCKING MOUTH!!!! THAT BITCH DESERVED TO KILL HIMSELF!!!!!! I HOPE HE ROTS IN HELL FOREVER!!!!!!!

    Name

    sudo, sudoedit - execute a command as another user

    Synopsis

    sudo -h | -K | -k | -V

    su

    sudo allows a permitted user to execute a command as the superuser or another user, as specified by the security policy.

    sudo supports a plugin architecture for security policies and input/output logging. Third parties can develop and distribute their own policy and I/O logging plugins to work seamlessly with the sudo front end. The default security policy is sudoers, which is configured via the file /etc/sudoers, or via LDAP. See the PLUGINS section for more information.

    The security policy determines what privileges, if any, a user has to run sudo. The policy may require that users authenticate themselves with a password or another authentication mechanism. If authentication is required, sudo will exit if the user's password is not entered within a configurable time limit. This limit is policy-specific; the default password prompt timeout for the sudoers security policy is 5 minutes.

    Security policies may support credential caching to allow the user to run sudo again for a period of time without requiring authentication. The sudoers policy caches credentials for 5 minutes, unless overridden in sudoers(5). By running sudo with the -v option, a user can update the cached credentials without running a command.

    When invoked as sudoedit, the -e option (described below), is implied.

    Security policies may log successful and failed attempts to use sudo. If an I/O plugin is configured, the running command's input and output may be logged as well.

    The options are as follows:

    -A' Normally, if sudo requires a password, it will read itfrom the user's terminal. If the -A (askpass) option isspecified, a (possibly graphical) helper program is executedto read the user's password and output the password to thestandard output. If the SUDO_ASKPASS environment variable isset, it specifies the path to the helper program. Otherwise,if /etc/sudo.conf contains a line specifying the askpassprogram, that value will be used. For example:
    # Path to askpass helper program
    Path askpass /usr/X11R6/bin/ssh-askpass
    If no askpass program is available, sudo will exit with an error.

    -b' The -b (background) option tells sudo to run the givencommand in the background. Note that if you use the -boption you cannot use shell job control to manipulate theprocess. Most interactive commands will fail to workproperly in background mode.
    -C fd' Normally, sudo will close all open file descriptors other than standard input, standard output and standard error. The -C (close from) option allows the user to specify a starting point above the standard error (file descriptor three). Values less than three are not permitted. The security policy may restrict the user's ability to use the -C option. The sudoers policy only permits use of the -C option when the administrator has enabled the closefrom_override option.
    -E' The -E (preserve environment) option indicates to the security policy that the user wishes to preserve their existing environment variables. The security policy may return an error if the -E option is specified and the user does not have permission to preserve the environment.

    -e' The -e (edit) option indicates that, instead of running a command, the user wishes to edit one or more files. In lieu of a command, the string "sudoedit" is used when consulting the security policy. If the user is authorized by the policy, the following steps are taken:

    1. Temporary copies are made of the files to be edited with the owner set to the invoking user.

    2. The editor specified by the policy is run to edit the temporary files. The sudoers policy uses the SUDO_EDITO

  71. Re:Pointless details. Let's look at the meat of it by Anonymous Coward · · Score: 0

    TL;DR

  72. Re:Pointless details. Let's look at the meat of it by Anonymous Coward · · Score: 0

    You can't even get his name right and you expect anyone to take you seriously? You're just a drum beating cunt. You're probably more upset about people getting nabbed for stealing music than the ethical questions being asked here. You probably wouldn't give a fuck unless your 5 brain cells could come to draw that parallel.
     
    Go get fucked in the ass by a junkie.

  73. Re:Pointless details. Let's look at the meat of it by b4upoo · · Score: 1

    Court verdicts and punishments normally are irrational. At times the system has deliberately used irrationality as a supposed method of crime control. For example you might have ten people charged with exactly the same crime with very similar life histories. One defendant gets a fine. Most of the other defendants get fines of various sizes and one gets 30 days plus a fine. But the last defendant gets 1 year in jail plus 2 years probation with a hefty fine on top of that.
                                  So just why would judges act that way? It clears the court calendar. When a lawyer tells a defendant that the punishment can be serious more people plea bargain and it saves the state time and money.
                                  And we all understand that if you can not afford a really good defense, expert witnesses and investigators that you may be dead meat before the trial even starts. Those who can not come up with big money take a huge beating in the courts. It is a CRIMINAL JUSTICE SYSTEM. There are times I think that it is a worse crime to send a man to jail than any crime he could have possibly committed.

  74. Re:Sorry internet by Anonymous Coward · · Score: 0

    Taking children away and putting them in foster care is indeed a slightly standard pressure tactic. That doesn't make it not evil or acceptable. Those of you defending that should have it happen to your children. I guessing your rhetoric would change.

  75. Re:Sorry internet by Anonymous Coward · · Score: 0

    Why would you commit suicide?
    That's just stupid reasoning.
    If Aaron had actually been thinking clearly he would have realized that his best option was to kill everyone involved, or at least the prosecution.
    He would have gotten a sentence similar to what he was being threatened with, and his enemies would be dead.
    He could probably have argued that their excessive threats drove him to depression and caused him to act irrationally.
    With good behavior he would have been back out in time to see his kid get arrested at MIT for downloading too many of their logos or whatever.

    If that's not win win, I don't know what is.

  76. Re:Sorry internet by hawkinspeter · · Score: 1

    I can't think of any previous case that would have indicated the kind of jail-time he could have been facing, so I don't think he could have known about what would happen.

    Ironically, the Feds wanted to drop the case, but it was MIT that was pushing for jail-time.

    --
    You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
  77. Re:Sorry internet by Anonymous Coward · · Score: 0

    He would have gotten less time if he was a woman who helped her husband rape and kill her little sisters.

  78. Re:Whatcha got to hide there MIT? Eh? The Truth??? by hawkinspeter · · Score: 1

    No - there's a difference between manslaughter and murder. They should be punished by having to live with what they did and by being removed from MIT.

    --
    You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
  79. Re: Sorry internet by Anonymous Coward · · Score: 0

    Driving people to suicide over trivial nonsense changes things, MIT is dead. Good teachers might or might not stop associating with MIT but the extremely excellent ones will probably leave over time. Anyone on the outside with half a clue and anything resembling a human heart hears "Aaron Swartz" each and every fucking time someone mentions MIT or a paper published from MIT comes their way.

    Aaron Swartz has become MIT's unwanted brand and they manage to make themselves look even worse when they try to get rid of it.

    Sure the paper-mill will roll on with plenty of people but any real aces who knows what happened won't go there because they don't want to be treated that way should they happen to run afoul of the administration. They know what to expect. Those who find out afterwards (likely as a warning or implied warning) will be limited by it and the implications of it no matter if it's sensible or applicable to themselves or not simply because they now know what to expect.

  80. Re:Sorry internet by Anonymous Coward · · Score: 0

    Why would you commit suicide?
    That's just stupid reasoning.

    I guess you don't have children?

    If committing suicide means your children would stay with their mother, rather than some unknown foster care parents for the rest of their childhood, what would any parent do?

  81. Re: Sorry internet by __aaltlg1547 · · Score: 1

    Corrupt and self serving are consistent with competent. Besides, there's no indication that the educators are any more or less self-serving than any other institution, nor that the behavior you call corrupt (but which isn't) has anything to do with the professors who will teach you rather than the administration who will not.

  82. Re: Sorry internet by __aaltlg1547 · · Score: 1

    Driving people to suicide over trivial nonsense changes things, MIT is dead. Good teachers might or might not stop associating with MIT but the extremely excellent ones will probably leave over time. Anyone on the outside with half a clue and anything resembling a human heart hears "Aaron Swartz" each and every fucking time someone mentions MIT or a paper published from MIT comes their way.

    Aaron Swartz has become MIT's unwanted brand and they manage to make themselves look even worse when they try to get rid of it.

    Sure the paper-mill will roll on with plenty of people but any real aces who knows what happened won't go there because they don't want to be treated that way should they happen to run afoul of the administration. They know what to expect. Those who find out afterwards (likely as a warning or implied warning) will be limited by it and the implications of it no matter if it's sensible or applicable to themselves or not simply because they now know what to expect.

    "Driving people to suicide" is not what they did. It's complete bullshit to lay that at the feet of MIT. Aaron Schwartz's own psychological problems made him unable to deal with the consequences of his actions, and his own lack of thinking through the possible consequences is largely responsible for the situation in which he found himself.

    Imagine yourself in the shoes of the administrators at MIT. You have a history of Schwartz pulling files that you think are protected by copyright from your school's servers and publishing them without permission. You've asked him nicely to stop. Then you've warned him not so nicely to stop. Then you've blocked his access to the files so he'll stop. Then you find him in a closet with his computer plugged right into your server.

    What are you going to do? Ask him nicely AGAIN? Or admit that he must be right because he BROKE THE LAW and lawbreakers have God on their side?

    Seriously, what the hell would you have done?