Aaron Swartz Died 3 Years Ago Today – In Remembrance of This Special Soul

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Three years ago humanity lost a brave, brilliant and kindhearted individual named Aaron Swartz. On that day, I composed a post expressing my outrage and sadness. Once again, I have decided to repost that piece on the anniversary of his death.

I would like to add that if you haven’t seen the Aaron Swartz documentary, The Internet’s Own Boy, I highly recommend you do.

Let us take inspiration from his life and his struggles in order to continue his very important and courageous work. What follows is the original post, Remembering Internet Prodigy and Activist Aaron Swartz (1986-2013): Your Life is an Inspiration:

Remembering Internet Prodigy and Activist Aaron Swartz (1986-2013): Your Life is an Inspiration

It takes a person like Aaron Swartz to remind you how little you are actually doing to bring forth social, political and economic justice in this increasingly insane and sick world.  I’m not exaggerating when I say his life was an inspiration. At 14 years old he helped start the RSS feed system, which so many now use to read content online. He also co-founded Reddit, and its sale to Conde Nast is what afforded him the resources to dedicate his life to the defense of a free and open internet.  His most remarkable success in this regard was the creation of the organization Demand Progress, which was instrumental in defeating the internet censorship bill know as SOPA (the Stop Online Piracy Act).

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Aaron Swartz Died 2 Years Ago Today – In Remembrance of This Special Soul

Screen Shot 2015-01-11 at 9.36.29 AMTwo years ago humanity lost a brave, brilliant and kindhearted individual named Aaron Swartz. On that day, I composed a post expressing my outrage and sadness. I reposted it on the anniversary of his death last year, and am reposting it again today.

I would also like to add that if you haven’t seen the Aaron Swartz documentary, The Internet’s Own Boy, I highly recommend you do.

Let us take inspiration from his life and his struggles in order to continue his very important and courageous work. What follows is the original post, Remembering Internet Prodigy and Activist Aaron Swartz (1986-2013): Your Life is an Inspiration:

Remembering Internet Prodigy and Activist Aaron Swartz (1986-2013): Your Life is an Inspiration

It takes a person like Aaron Swartz to remind you how little you are actually doing to bring forth social, political and economic justice in this increasingly insane and sick world.  I’m not exaggerating when I say his life was an inspiration. At 14 years old he helped start the RSS feed system, which so many now use to read content online. He also co-founded Reddit, and its sale to Conde Nast is what afforded him the resources to dedicate his life to the defense of a free and open internet.  His most remarkable success in this regard was the creation of the organization Demand Progress, which was instrumental in defeating the internet censorship bill know as SOPA (the Stop Online Piracy Act).

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A Year Ago Today We Lost Aaron Swartz – R.I.P.

Exactly one year ago today, the world lost a kind, brilliant and courageous human being. Aaron Swartz, who had already accomplished so much in his short time with us, was driven to suicide by an out of control, unenlightened and increasingly fascistic government, determined to prosecute this gentle genius. In remembrance of Aarron, I am reposting in full, the post I wrote about him and his story shortly after his death one year ago titled: Remembering Internet Prodigy and Activist Aaron Swartz (1986-2013): Your Life is an Inspiration. Rest in Peace.

Remembering Internet Prodigy and Activist Aaron Swartz (1986-2013): Your Life is an Inspiration

It takes a person like Aaron Swartz to remind you how little you are actually doing to bring forth social, political and economic justice in this increasingly insane and sick world.  I’m not exaggerating when I say his life was an inspiration.   At 14 years old he helped start the RSS feed system, which so many now use to read content online.  He also co-founded Reddit, and its sale to Conde Nast is what afforded him the resources to dedicate his life to the defense of a free and open internet.  His most remarkable success in this regard was the creation of the organization Demand Progress, which was instrumental in defeating the internet censorship bill know as SOPA (the Stop Online Piracy Act).

He ran afoul of the law due to his actions in the fall of 2010 when he downloaded millions of academic journal articles from the nonprofit online database JSTOR.  While JSTOR could have pursued charges against Aaron for his activities, they decided against it.  However, our Federal Government was not so kind.  They decided to make an example of Aaron and charged him with multiple felonies.  Charges that carried up to 35 years in prison and $1 million in fines.  Aaron was found dead in his Brooklyn apartment this past Friday, in an apparent suicide.

If you had asked me about Aaron Swartz three days ago I could have told you none of the above.  This is despite the fact that I now spend pretty much all of my time trying to read through news and understand the true nature of the world around me.  Even more pathetically, it is despite the fact that a close friend of mine had met Aaron this past summer and was trying to coordinate a time for us all to meet.  Sadly, we never connected.

As part of my tribute to Aaron, I will commit myself even more fully to the cause of freedom in America.  I spent the last 12 hours reading about him and I have compiled some of the most interesting excerpts from various sources below.  Please take the time.

First from the official statement from his family and partner:

Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach.Decisions made by officials in the Massachusetts U.S. Attorney’s office and at MIT contributed to his death. The US Attorney’s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community’s most cherished principles.

Next from Lawrence Lessig, the director of the Edmond J. Safra Center for Ethics at Harvard University and the Roy L. Furman Professor of Law at Harvard Law School and friend of Aaron.  He writes:

Early on, and to its great credit, JSTOR figured “appropriate” out: They declined to pursue their own action against Aaron, and they asked the government to drop its. MIT, to its great shame, was not as clear, and so the prosecutor had the excuse he needed to continue his war against the “criminal” who we who loved him knew as Aaron.

From the beginning, the government worked as hard as it could to characterize what Aaron did in the most extreme and absurd way. The “property” Aaron had “stolen,” we were told, was worth “millions of dollars” — with the hint, and then the suggestion, that his aim must have been to profit from his crime. But anyone who says that there is money to be made in a stash of ACADEMIC ARTICLES is either an idiot or a liar. It was clear what this was not, yet our government continued to push as if it had caught the 9/11 terrorists red-handed.

I get wrong. But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.

For remember, we live in a world where the architects of the financial crisis regularly dine at the White House — and where even those brought to “justice” never even have to admit any wrongdoing, let alone be labeled “felons.”

From the Huffington Post:

Swartz spent the last two years fighting federal hacking charges. In July 2011, prosecutor Scott Garland working under U.S. Attorney Carmen Ortiz, a politician with her eye on the governor’s mansion, charged Swartz with four counts of felony misconduct — charges that were deemed outrageous by internet experts who understood the case, and wholly unnecessary by the parties Swartz was accused of wronging.

Swartz repeatedly sought to reduce the charges to a level below felony status, but prosecutors pressed on, adding additional charges so that by September 2012 Swartz faced 13 felony counts and up to half a century in prison.

Swartz’s friend Henry Farrell, a political scientist at George Washington University, also pointed at the DOJ. “They sought felony convictions with decades of prison time for actions which, if they were illegal at all, were at most misdemeanors.”

Had JSTOR wanted to pursue civil charges against Swartz for breach of contract, it could have. But JSTOR did not, and washed its hands of the whole affair.

Last June, Swartz told HuffPost that both JSTOR and MIT had advised prosecutors they were not interested in pursuing criminal or civil charges.

But the government pressed on, interpreting Swartz’s actions as a federal crime, alleging mass theft, damaged computers and wire fraud, and suggesting that Swartz stood to gain financially.

JSTOR issued a statement late on Saturday expressing regret at Swartz’s passing, criticizing his prosecution.

“The case is one that we ourselves had regretted being drawn into from the outset, since JSTOR’s mission is to foster widespread access to the world’s body of scholarly knowledge,” the statement reads. “At the same time, as one of the largest archives of scholarly literature in the world, we must be careful stewards of the information entrusted to us by the owners and creators of that content. To that end, Aaron returned the data he had in his possession and JSTOR settled any civil claims we might have had against him in June 2011.”

From Glenn Greenwald at the Guardian:

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A Letter from Solitary Confinement

For those unfamiliar with Jeremy Hammond, he is the 28-year-old web developer accused of hacking Stratfor and subsequently leaking the information to Wikileaks.  For this, he faces a 30-years-to-life sentence.  Jeremy is currently being held without bail at the Manhattan Correctional Center, a federal jail in lower Manhattan in solitary confinement. Incredibly, the federal judge who is hearing his case, Lorraine Preska, has refused to step aside despite the fact that her husband was a victim in the hack Hammond is accused of.  Now that’s a justice system!

Well Hammond recently penned a letter from solitary in which he discusses the rampant corruption in the criminal justice system, the very dangerous Computer Fraud and Abuse Act (CFAA), and the tragic death and over-prosectution of Aaron Swartz.  His character really comes through in the fact that he barely even discusses his own case, despite the awful situation he finds himself in.  So without further ado, below is his entire letter, with my favorite passages highlighted.

February 20, 2013

Jeremy Hammond on Aaron Swartz and the Criminalization of Digital Dissent

The tragic death of internet freedom fighter Aaron Swartz reveals the government’s flawed “cyber security strategy” as well as its systematic corruption involving computer crime investigations, intellectual property law, and government/corporate transparency.  In a society supposedly based on principles of democracy and due process, Aaron’s efforts to liberate the internet, including free distribution of JSTOR academic essays, access to public court records on PACER, stopping the passage of SOPA/PIPA, and developing the Creative Commons, make him a hero, not a criminal. It is not the “crimes” Aaron may have committed that made him a target of federal prosecution, but his ideas – elaborated in his “Guerrilla Open Access Manifesto” – that the government has found so dangerous. The United States Attorney’s aggressive prosecution, riddled with abuse and misconduct, is what led to the death of this hero. This sad and angering chapter should serve as a wake up call for all of us to acknowledge the danger inherent in our criminal justice system.

Aaron’s case is part of the recent aggressive, politically-motivated expansion  of computer crime law where hackers and activists are increasingly criminalized because of alleged “cyber-terrorist” threats. The United States Attorney for the Southern District of New York, Preet Bharara, whose office is prosecuting me and my co-defendants in the Lulzsec indictment, has used alarmist rhetoric such as the threat of  an imminent “Pearl Harbor like cyber attack” to justify  these prosecutions. At the same time the government routinely trains and deploys their own hackers to launch sophisticated cyber attacks against the infrastructure of foreign countries, such as the Stuxnet and Flame viruses, without public knowledge, oversight, declarations of war, or consent from international authorities. DARPA, US Cyber Command, the NSA, and numerous federally-contracted private corporations openly recruit  hackers to develop defensive and offensive capabilities and build Orwellian digital surveillance networks, designed not to enhance national security but to advance U.S. imperialism. They even attend and speak at hacker conferences, such as DEFCON, offer to bribe hackerspaces for their research, and created the insulting “National Civic Hacker Day” – efforts which should be boycotted or confronted every step of the way.

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A Broken Justice System: “Most Americans Commit About Three Felonies a Day”

This article from the Huffington Post is timely and important, particularly in the wake of the Aaron Swartz tragedy.  It demonstrates a criminal justice system that has become completely void of justice. A system in which medical marijuana dispensaries and raw milk farms are raided by SWAT teams, but in which bankers that rob trillions with a pen face a slap on the wrist at worst and promotions to higher office at best. This kind of system, where federal prosecutors will target citizens just for publicity or because they know Washington D.C. doesn’t like the person is more reminiscent or Nazi, Soviet or East German justice than traditional American justice.  It is another symptom of a nation in rapid societal decline. From the Huffington Post:

Prosecutors have enormous power. Even investigations that don’t result in any charges can ruin lives, ruin reputations, and drive their targets into bankruptcy. It has become an overtly political position — in general, but particularly at the federal level. If a prosecutor wants to ruin your life, he or she can. Even if you’ve done nothing wrong, there isn’t a whole lot you can do about it.

But by most estimates, there are at least 4,000 separate criminal laws at the federal level, with another 10,000 to 300,000 regulations that can be enforced criminally. Just this year 400 new federal laws took effect, as did 29,000 new state laws. The civil libertarian and defense attorney Harvey Silverglate has argued that most Americans now unknowingly now commit about three felonies per day.

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