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#should#legal#swartz#aaron#government#case#prosecution#system#years#don

Discussion (80 Comments)Read Original on HackerNews

milkytronabout 2 hours ago
The part that still bothers me so much about the US vs Swartz case is that JSTOR didn't pursue civil litigation against Aaron. It was the US government that pursued him.

There was little for the government to lose in the case. In a case vs Meta, at the scale it has reached, it could have wide ranging economic implications limiting the investment in AI, which the US is absolutely not willing to pursue at this point in time (or possibly ever).

Basically, being a rich public company provides legal advantages when the US government has similar goals.

The whole thing is incredibly sad and exposes the hypocrisy of the US court system and government as a whole.

RIP Aaron.

arionhardisonabout 2 hours ago
Maybe the real issue is selective outrage about legal injustice. I totally agree that this was wrong and he should not have been prosecuted but a large part of the effort that dealt this injustice to him was facilitated by the fact that the vast majority of people willfully turn a blind eye when the same thing or worse happens to people are not of their ilk. If we were to finally stand up and say that justice for all means justice for ALL; we might be able to prevent the next Aaron Swartz.

Edit: As someone that has done both state and fed time, the thing that makes me the saddest here is that the charges would have been drastically reduced if not dismissed and his appeals would have had a high probability of success. They use this "scare tatic" so much and I understand why it works; the possibility of facing those years is terrifying. I don't mean that in any demeaning manner, 25/26 and never having done time I cannot imagine how terrified he must have been.

Edit: I would also like to bring attention to the fact that M. Zuckerberg aggressively pursues these types of cases against people for doing far less than he has done.

giantg235 minutes ago
"Maybe the real issue is selective outrage about legal injustice."

The real issue is selective enforcement of the law. If it applied equally to everyone, then more people would be outraged as it affected them.

jmward0112 minutes ago
Perfectly equal enforcement really isn't possible, but it should be the policy to enforce in proportion to active harm. The bigger the ongoing active harm, the quicker to react we should be. Some individual torrents a single movie? NBD. No matter the side of the argument you are on this should be ignored. A company intentionally throws content strikes causing legitimate harm to large numbers of content creators? That should addressed.

Reality should always have a place in the law.

cortesoft24 minutes ago
I can't believe his lawyer didn't explain all of that to him? An important role for an attorney in this situation is as a counselor, to explain the actual reality and the possibilities.
irishcoffee2 minutes ago
I have had the misfortune of hiring many attorneys for a variety of different legal issues. They’re almost always fucking useless.
spwa4about 2 hours ago
It absolutely is. Youth services is one such thing that people just refuse to get upset about. Not when they attack kids for flimsy reasons. And, conversely, people also utterly refuse to react when kids eventually figure out that their way out is to attack people, other kids, social workers and anyone else in institutions, which is one factor that makes youth services facilities such horrible places to be.
ignoramousabout 1 hour ago
> large part of the effort that dealt this injustice to him was facilitated by the fact that the vast majority of people willfully turn a blind eye when the same thing or worse happens to people are not of their ilk

Reminds me of Marx's 1870 letter to Sigfrid Meyer and August Vogt:

  Every industrial & commercial centre in England now possesses a working class divided into two hostile camps ... The ordinary English worker hates the Irish worker as a competitor who lowers his standard of life ... regards himself as a member of the ruling nation & consequently becomes a tool of the English [ruling class] against Ireland, thus strengthening their domination [over his own self]. He cherishes religious, social, & national prejudices against the Irish worker ...

  The Irishman ... sees in the English worker both the accomplice and the stupid tool of the English rulers in Ireland.
  
  This antagonism is artificially kept alive & intensified by the press, the pulpit, the comic papers, in short, by all the means at the disposal of the ruling classes. This antagonism is the secret of the impotence of the English working class, despite its organisation. It is the secret by which the capitalist class maintains its power.

  ... The antagonism between Englishmen & Irishmen ... enables the governments of [the US & England], whenever they think fit, to break the edge off the social conflict by their mutual bullying, and, in case of need, by war between the two countries.
https://www.marxists.org/archive/marx/works/1870/letters/70_...
mcv19 minutes ago
The exact same mechanism is used to keep poor white Americans voting Republican: even if they're poor, they see themselves as the white ruling class over black and Hispanic people, despite the fact that they themselves are kept poor by the real ruling class.
bigfatkittenabout 2 hours ago
And even then, it wasn’t really about justice but more for the prosecutor, Carmen Ortiz’s career advancement.

The case ultimately did not help her in her run for governor of MA.

DoctorOetkerabout 2 hours ago
the blood of a prodigy as status symbol make-up
IncreasePostsabout 1 hour ago
How does prosecuting someone who downloaded articles in a broom closet help her career advancement?
john_strinlaiabout 1 hour ago
prosecutors with higher conviction rates are typically viewed more favorably than prosecutors with lower conviction rates.
lukanabout 1 hour ago
I suppose in pleasing the right people with money and power.
bitwizeabout 1 hour ago
Easy notch on her belt.
cucumber3732842about 1 hour ago
"look at me, I'm serving the interests of the incumbent education and medical industries by prosecuting the shit out of someone who dared give them the bird, now donate to my campaign".
jampekkaabout 1 hour ago
JSTOR dropped civil litigation only after getting about $25k in the settlement from him.
PearlRiver7 minutes ago
Is that not how it always goes? Robbing a bank got you in jail a lot longer than assaulting a woman.
devnonymous10 minutes ago
Who was it ? The ^US government^ .. or for that matter, any government or corporation doesn't pursue litigation. It is humans who make this decision (at least for now ...).

Who in the government bureaucracy made the decision and followed through? It's sad that we've become accustomed to accept governments/corporations as entities by themselves when they clearly aren't.

stackedinserter40 minutes ago
It was Carmen Ortiz, not abstract "US Government".
noncoml27 minutes ago
I think the root problem is Corporations being Legal Persons.

An alternative would be the CEO to be the “legal person” of each Corp. and be the one against all legal actions should be targeted.

In that case it would Zack himself the one facing any legal action.

A Corp’s actions result to the death of a person. CEO should be trialed as if they were the one driving the car.

stackghost28 minutes ago
>Basically, being a rich public company provides legal advantages when the US government has similar goals.

This has always been the case. It's why lots of us who came up in the 80s and 90s embraced the "fuck corporations" and "information wants to be free" zeitgeist of the times.

It's also why the corporate bootlicking on this site is so grating at times. IDK, maybe I'm the only one but it seems like the veneer has worn off and over the last couple years I've realized HN is "special", not because of the reasons its proponents will recite but because it's where you come to post about the interesting technical challenges you solved while designing a system that goes down to the corner store and buys Hitler a pack of his favorite smokes and everyone laps that up.

andy_pppabout 1 hour ago
Yes, you know why - it had nothing to do with copyright infringement - he was going to win the fight to get money out of politics.
sillysaurusx37 minutes ago
He wasn’t prosecuted for scraping. He trespassed into a room with a router, plugged his laptop into it, downloaded papers as quickly as possible, and then rotated his MAC address to dodge the bans that the admin was trying to place on him. That’s very different from downloading a webpage on the open internet.

I’m not saying he should or shouldn’t have been prosecuted, but there’s some kind of rose tinted glasses filter around what happened with Aaron, like he just was browsing the web and was suddenly prosecuted. He repeatedly broke in to a physical room and kept changing his MAC address to dodge bans. At least report it with its full context.

6274673 minutes ago
> repeatedly broke in to a room

> rotated his MAC address

Do you really think these details drastically change how people should judge his actions vs those of a corporation?

voakbasda19 minutes ago
Wasn’t Meta found to be scraping from addresses that were not immediately traceable back to them?
PenguinCoder33 minutes ago
Information should be free.
aeve89022 minutes ago
What's the point of statements so broad and ambiguous that they seem to disregard any kind of context or nuance? Do you really believe that _Information_ should be free? Which one? All of it?
MattDamonSpace17 minutes ago
“People who generate valuable information should be uncompensated”
sleazebreeze20 minutes ago
Trespassing into a closet and changing MAC addresses is barely grounds for any prosecution. Does it make you feel less powerless to throw Aaron further under the bus? Sort of like a Roko’s basilisk for billionaires. They won’t spare you if you shill for them, you know.
mcv23 minutes ago
I recently came to the conclusion that it was never about copyright. It's about corporate control, about punishing contempt for business model.

Aaron Swartz was punished because he disrespected a business model. All the kids sued by the MAFIAA were punished because they disrespected a business model. Copyright was merely the mechanism to make it stick. But AI companies and Meta can disrespect copyright all they want, because in their case, it serves a corporate business model, and those hurt or disenfranchised by it are regular people or much smaller companies.

The law doesn't exist to protect the weak from the powerful, but to enable the powerful to punish the weak.

tptacekabout 1 hour ago
I don't think it matters much for the argument, which is valid (or not) regardless of whether you get the precise facts about the Swartz prosecution right, but Swartz was not facing 35 years. That's the statutory maximum sentence you'd get if you ignored the sentencing guidelines and grouped none of the charges, which is not how anything works. The prosecutors threatening Swartz and his attorneys claimed they'd pursue something like 7 years. But Swartz's own (well regarded, well qualified) attorney, writing after his death, when there was ample reason to take shots at the prosecution, believed that even had Swartz lost the case, he'd be unlikely to receive a custodial sentence.
cortesoft26 minutes ago
I bristle as well when essays like this state that he "was effectively assassinated by our legal system"

While I think there are a lot of good arguments that the prosecution was excessive and meant to create a chilling effect, it is a huge leap to say they assassinated him. He was clearly already vulnerable when this happened, or he would have never resorted to taking his own life when there were still so many avenues before him to try to get out of the situation. While this does not make it any less tragic, it does make it a lot less of an 'assassination'.

I don't find it rhetorically useful to use language like that in these situations. It distracts from the real issues at hand.

mindslightabout 1 hour ago
How many days have you spent in jail or prison? I've done two, and it was weird coming out to freedom. Actual thought taking some of my first steps: "wait, if I want to be over there, I can just start walking?" The guards and fellow jailers were all quite reasonable, too.

I can barely imagine facing a whole year. I can't imagine facing five.

If there is a point to be made from what you're talking about, it's about how threats of inhumane prison sentences are used to eliminate our right to trial by jury.

tptacekabout 1 hour ago
One of the reasons so many people believe Swartz faced 35 years in prison is that any attempt to correct the record is met by responses like this. Ironically, you're doing the work of the prosecutors for them: this is the whole reason they quote these outlandish and implausible sentencing possibilities in their press releases.
mindslight43 minutes ago
By "responses like this" do you mean any form of criticism? I was merely calling out your positive statement that lacks any sort of normative judgement. It's the type of thing which helps normalize the status quo.

Here is a comment that makes a similar point to yours, but in a constructive manner: https://news.ycombinator.com/item?id=49379992

dannyobrienabout 1 hour ago
The best state of affairs is that neither Aaron nor Meta nor anyone else should be targeted for scraping. It shouldn't be a crime. I understand the ire about the injustice, but I don't think the right situation is that because Aaron's case was wrongly pursued, we should somehow enforce that error in the name of consistency.
mukmukabout 2 hours ago
The attorneys who did this were Carmen Ortiz, Stephen P. Heymann, and Scott Garland. To their everlasting shame.
imjonseabout 1 hour ago
Aaron Swartz's most famous book recommendation, in a now 20 years old blogpost ( http://www.aaronsw.com/weblog/epiphany ), Chomsky's Understanding Power, contains many examples of such cases of those in power, big corporations and the government getting away with crimes. I should probably reread it, even though it can be depressing - but not quite as depressing as Manufacturing Consent.

RIP Aaron.

ninjahawk119 minutes ago
I think that large companies having next to no consequences is in large part due to capitalism doing what it does over a long period of time. There’s a deeper and deeper consolidation of money and power the longer time goes on it seems like.

If we think back to the various lawsuits Facebook has gone through, they paid out about $10 or so per individual affected, totaling a few hundred million dollars, which they would make in a couple months for selling user data and whatnot.

This is something that every company gets away with mainly I think because of just how large their wealth actually is. It’s difficult to actually punish a machine that acts almost like infrastructure. Punishing an individual is easy.

I don’t know if there’s really a solution at this point, maybe we could’ve prevented this reality at some point in the past but I don’t think that without actual global collapse it would be something that can be retroactively changed, and I don’t know if global collapse would necessarily lead to a better future.

I think that for one, Zuckerberg should be in prison, if someone oversees a massive theft like this, I think they should be held criminally liable. Same the CEOs of Anthropic and OpenAI for their parts in the massive theft that took place. They should all be doing prison time.

The reason I don’t think they will is that their investors probably have a good amount of leverage over anyone who would prosecute them, so it would never make it that far.

spelkabout 2 hours ago
In Commonwealth countries, it's possible to initiate a private prosecution (by a person who hasn't received criminal justice). These don't usually get very far, but I honestly wish these could be used to prosecute people who are treated differently for the same crime because of their status, or at least set a precedent that such activities are definitively okay.
amiga386about 1 hour ago
> In Commonwealth countries, it's possible to initiate a private prosecution (by a person who hasn't received criminal justice). These don't usually get very far

This is what happens when they do: https://en.wikipedia.org/wiki/British_Post_Office_scandal

> Between 1999 and 2015, more than 900 subpostmasters were wrongfully convicted of theft, fraud and false accounting based on faulty Horizon data, with about 700 of these prosecutions carried out by the Post Office. Other subpostmasters were prosecuted but not convicted, forced to cover illusory shortfalls caused by Horizon with their own money, or had their contracts terminated. The court cases, criminal convictions, imprisonments, loss of livelihoods and homes, debts, and bankruptcies led to stress, illness and family breakdowns, and were linked to at least thirteen suicides.

Hundreds of innocent people went to prison, were financially ruined, thirteen took their own life, because a well-funded entity found it easier to privately prosecute its contractors than to question its software vendor. And the court system let them do it.

bigfatkittenabout 2 hours ago
In Australia at least, the Director of Public Prosecutions has the power to take over the matter, and they often do.

They can then do one of two things. They can either continue running it if it’s in the interests of justice to do so (public interest, reasonable prospects of success etc), or they can shut it down, as they tend to do for sovereign citizen nonsense and the like.

darreninthenetabout 1 hour ago
Same in the UK
buran77about 2 hours ago
The US has normalized so much moral rot and legal breaches in the past few years, all in the interest of making more money... Rarely does a country degrade so much, so fast, and I'm afraid this isn't even the low mark.
doctorwho42about 1 hour ago
It hasn't degraded in such a short time, this rot has been there for 30 odd years. Infrasture, systemic corruption to an unprecedented level (it's always there, but the scale is different), etc.

What happened 'so fast' was how fast they pulled off the mask. 10 years and it's practically off in its entirety...

Razenganabout 1 hour ago
The real shame is that the next "best" countries are.. China? and the European countries pushing for age verification and sweeping surveillance and apparently bent on destroying the freedoms that made them better than China & Russia..

God can we have an alien invasion already please

jmclnxabout 1 hour ago
>God can we have an alien invasion already please

I do not think we need that. With Climate Change a huge reckoning and leveling is coming. The way things look now, in 50 to 100 years there is a very good chance this civilization will probably come to an end.

As for Aaron, I hope the people who went after him can be sued for wrongful death. With meta doing the exact same thing, even to the same MIT Sites, I think a case exist.

Jskewel24 minutes ago
"there is a very good chance this civilization will probably come to an end"

OK doomer

Gigachadabout 1 hour ago
Age verification isn’t moral rot even if you disagree with it. The rot is the obvious corruption and legal system that only applies to average people which billionaires constantly violate.
wowczarek36 minutes ago
Oh is's never about who did what, it's about who considers whom worth suing at a convenient point in time.
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josefritzishere9 minutes ago
The US vs Swartz case was abusive prosecution; lawfare in other words. It was completely out of order with the level of offense.
firesteelrainabout 1 hour ago
Aren’t the two cases fundamentally different?
jherdmanabout 1 hour ago
If you’re going to leave a comment like this you need to at least outline your thinking as to why you feel they’re different.
Barrin9237 minutes ago
not the OP but the heaviest charges against Swartz didn't stem from his IP infringement, it was wire fraud and computer fraud. He used a network access and MIT guest account he didn't have legal access to because he wasn't affiliated with the institution, which enabled the CFAA charges.
watwut6 minutes ago
Expecting the prosecution for HuggingFace incident soon. Or at least full investigation whether it was accident

Must be any day now

Like common. You know full well that large companies can commit staggering amounts of fraud.

gskyabout 1 hour ago
US gov even threatens foreign govs for punishing rough american companies.
IncreasePostsabout 1 hour ago
Calling him "effectively assassinated" is ridiculous.

He was offered a plea deal of 6 months in jail. Which he turned down. And then he killed himself - something which he attempted multiple times in the past when he wasn't being prosecuted for anything

ionwakeabout 1 hour ago
its really sad and doesn't even make much sense, and thats from me just following the story loosely from the uk over the years.
jongjong28 minutes ago
The legal system and government these days are mostly tools for oppression of the working class. Most people would be better off without any laws at all and just talking things out with their neighbours, employers and employees; refusing any form of unearned trust or authority.

Democracy doesn't make sense anymore, unfortunately; nobody has any ideas who they're voting for... Photos can be faked, videos can be faked, candidates can be pre-selected during primaries. Worse than that; each individual is shown different facts so nobody even agrees on the basic facts. So literally people are voting for constructed, imaginary individuals who don't exist outside of their heads.

The legal system should be replaced by vigilante justice. It's impossible for the legal system to be fair anyway. The closest to justice we can achieve is through decentralization.

IMO, the role of government is to dismantle any large organisations which compete against it for power and control and shield individuals against those organisations.

searealistabout 1 hour ago
Swartz was federally charged with wire fraud and violations of the Computer Fraud and Abuse Act based on allegedly unauthorized access, not simply prosecuted for copyright infringement or “downloading articles.” Also, he was offered a plea deal of 6 months and his own attorneys did not expect him to serve any time even if rejecting the plea deal and convicted.

Meta is accused of civil copyright infringement.

Very different things.

alex113832 minutes ago
Meta should absolutely be routinely charged for violations of CFAA given the things they do. Zuckerberg personally.
shadowgovt35 minutes ago
And, I feel like people really gloss over, perhaps because it is uncomfortable to think about...

He took his own life.

There is no doubt the government put him in an uncomfortable position, but his story is a gross and tragic outlier. It's hard to draw any patterned conclusions from it, especially because we'll never know how the case would have worked out had Swartz not exited the judicial process.

diego_moita37 minutes ago
"Rule of the law" is just a lame excuse to "the job of a lawyer is to sell privileges to rich people".

In some countries the excuse is lamer than in others. But, in the end, everywhere in the world money always speaks louder.

gskyabout 1 hour ago
What's the point of having democracy when it's working only for the rich?
alex113837 minutes ago
Arguments exist about how intellectual property needs to go anyway, but FB has always stolen from people, on many levels

And furthermore their trackers have always been the most malignant. Stories of "Facebook basically ddosed my site to train their LLMs"

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touwerabout 1 hour ago
Class justice in optima forma
lgleasonabout 2 hours ago
Everyone is under the illusion that the US is still a democracy. It is not. It is a plutocracy. The rich control everything and the rest are modern day serfs.
ck2about 2 hours ago
vaguely related I was thinking of yet another irony

where the orange infant calls datacenters "beautiful" and now is arranging to give them federal land to build on to get around all the protests

while at the same time calling solar and wind turbines ugly and loud and giving billions to companies already contracted to NOT build them

it's all the irony of wild greed and infinite corruption, if only Aaron could have seen this future

trvzabout 2 hours ago
It’s not even greed or corruption – it’s mental illness.
chrisweeklyabout 1 hour ago
sadly none of those are mutually exclusive
Yizahiabout 1 hour ago
Too small to scrap (c)

Basically if you are sufficiently big, you can get away with any crime (by making it legally non-crime).

qarl2about 1 hour ago
TLDR - the rich get unequal treatment.
cucumber3732842about 2 hours ago
If you cut down a couple acres of forest you own because you want to have a hay field or whatever you're <screech> violating federal environmental law <screech>

But BigCo can grease a few palms and do 10x more and the useful idiots will screech about how responsible they're being by installing those stupid stream spreader things on their parking lot culverts and putting up a few birdhouses to please the local commissioner.

What happened to Aaron Swartz is little different.

tpmoneyabout 1 hour ago
Ok and so what? We have been informed of an injustice, we are now angry. Now what? What do we want? Do we agree that the prosecution was unjust and wrong, celebrate that Meta is not being criminally prosecuted, lash out at the publishers filing the lawsuit and advocate for an official apology from the prosecutors and government that went after Aaron?

Or do we think that the prosecution was correct, apologize ourselves for any protests we might have voiced against the prosecution and demand similar prosecution of Meta and everyone who continues to torrent “Linux ISOs”?

Personally I agree that the prosecution was unjust, and so I find it to be a good thing that the stranglehold of excessive copyright is being weakened by the new AI moment. But that also why I find the sudden turn to copyright maximalism that seems to have taken over large parts of the tech industry so baffling. Why are we wasting our time pretending we want Meta prosecuted rather than spending our efforts ensuring that all these products that come out of this massive blending of human creative outputs are owned collectively by us all with no such recourse to the same copyright laws that they so valiantly shattered?

quietsignalabout 1 hour ago
I think the point is to make corporate decision-makers bear some personal responsibility for the consequences of decisions made in pursuit of profit, growth or dominance. If all the upside is personal or corporate while the legal and social costs are simply externalised, there is very little incentive for restraint, no?

As to the latter, I think a mixture of commodification and the almost Pavlovian conditioning produced by corporate social media explains both its attraction and its resilience in the face of more democratic and emancipatory alternatives.

shadowgovt29 minutes ago
Worth noting: this website is not one such alternative.
czgovabout 2 hours ago
B2B crime ought to be handled in a gentlemanly way through litigation. C2B crime deserves the full weight of the law and prison consequences. United Health killing people by denying coverage for care is OK. Luigi killing one of the executives is not.
HDThoreaunabout 1 hour ago
This country's lack of death panels is one of the biggest contributors to our heinously overpriced healthcare system. Insurers stopping doctors from prescribing shit that doesnt work is literally the only thing keeping costs down in the entire system.
czgovabout 1 hour ago
Ah yes. Those health insurance companies are doing God’s working protecting us all. They have no part in why our system is heinously overpriced as you put it.