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Activist Aaron Swartz's family seeks release of names related to his prosecution; MIT to fight request

The family of Aaron Swartz, who committed suicide in January weeks before he was due to face trial on data-theft charges, is asking a federal judge to order both the government and MIT to release documentation relating to his prosecution, including the names of law-enforcement and MIT officials actively involved in the case.

Through its lawyers, the Swartz family argues the public outcry and Congressional investigations into Swartz's prosecution require the release of the names to help determine what really happened and who was responsible.

The central and stated goal of the Congressional inquiry into Mr. Swartz's case is to understand how the investigation and prosecution of Mr. Swartz proceeded, including how the evidence against Mr. Swartz was gathered and then presented to this Court. Most of the contested Rule 16 documents are emails and, in order to understand those emails and their importance to the prosecution, one must know who is speaking and his or her employer and role with that entity. For example, the same email might have a different meaning depending on whether it is identified as being from the General Counsel of MIT as opposed to a junior level employee. Likewise, an email explaining the workings of an entity's computer network would be significantly more meaningful if it came from a director of network security with technical knowledge, as opposed to a police officer or other layperson.

In a letter posted by the Tech, however, MIT President Rafel Reif says he will fight the request to release names:

In the time since Aaron Swartz's suicide, we have seen a pattern of harassment and personal threats. In this volatile atmosphere, I have the responsibility to protect the privacy and safety of those members of our community who have become involved in this matter in the course of doing their jobs for MIT, and to ensure a safe environment for all of us who call MIT home.

Reif added MIT will release copies of the material - with names and details of MIT network security vulnerabilities stripped out - when it releases a report by Prof. Hal Abelson on MIT's role in Swartz's case.

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President Reif. Thanks for looking out for your people.

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Except for the one they didn't protect...

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of the MIT community and was playing with fire.

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No, that guy in the Portsmouth Naval Shipyard who caused an epic conflagration in a submarine that injured firefighters and caused half a billion dollars in damage?

He was playing with fire ... and the same federal prosecutors only put him away for 17 years.

Of course, it wasn't like burning up a nuclear submarine was anything nearly as big a deal as breaking a journal paywall.

Oh, wait ...

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deal Aaron Swartz was presented with? 6 months in jail. So I wouldn't equate these two situations, even if you're trying to match reality with metaphor.

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There doesn't seem to be a paper trail on that, oddly enough.

Oh, and prosecutors for the firebug? They only asked for 19 years.

19 years suggested for burning a nuclear submarine.

33+ years for breaking a journal paywall.

Think about that. Then again, I'm not sure you can think about that.

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He was quoted in the Boston Globe, oddly enough.

http://www.boston.com/metrodesk/2013/01/14/mit-hac...

So the feds recommend 19 years for burning a sub and 6 months for breaking into an archive system and stealing millions of article, some of which were available only after payment. Different crimes, different recommendations, and sentencing always the exclusive province of a judge who can undercut everyone.

But sure, close your eyes, stamp your feet, and pretend otherwise if it makes you feel better. I just don't understand why it would.

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Aaron Swartz was being asked to plea to a CRIME for violating JSTOR and MIT's networks' terms of service, which is not a crime, it is a civil infraction in which the injured party must show damages. Swartz had authorized valid access to JSTOR. Copying so many articles was a terms of service violation.

The DOJ is freaked out by hackers and they can't tell the difference between one engaged in civil disobedience and one who would steal real or intellectual property.

What does MIT have to hide? You'd think they'd have an interest explaining what happened.

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who break into government and university websites? And what about people who make false reports of a gunman on a campus? Who wouldn't be freaked out by hackers who feel the need to take the law into their own hands without declaring who they are, like yourself?

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The scary boogeyman under your bed?

Oh, and that CHILD TOUCHER IN EVERY CORNER AND STORE AND LIBRARY.

OMG I'M SOOOOOO SCARED!

This is getting ridiculous. Please go be paranoid somewhere else where it won't go viral.

And I hope you enjoy your next rectal exam at the airport! Its super effective.

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who had the Cambridge Police break down his/her door due to a false report that they planned to attack people with a gun. Thanks to the "friends" of Aaron Swartz.

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The security theater society, which you are a big supporter of, brings you both the broken down door and the airport scans that have yet to be shown to be effective.

This is what you want and what you promote and what you support with your fearful response to the world and your rationalizations of excessive use of force. Enjoy.

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Of anonymous people harassing employees who are involved in this case because they are doing their jobs and keeping the network running? Nice. Aren't you an MIT alum?

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Swartz, a non-MIT student, went into a MIT buiding, without authorization. He downloaded 4.8 million articles, I believe, many of which were copyrighted (aside from the fact that many academic institutions pay JSTOR for access to these articles to the tune of thousands of dollars.)

These two actions are crimes, anon. You may disagree but in the eyes of the US law (in which country, I believe, you and I live), they are crimes.

Swartz did not have a sit in on MIT property as a protest. That would of been civil disobedience.

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He could have done the time in jail and paid the fines. That would have also been civil disobedience.

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Swartz had authorization to use any and every article on JSTOR, as a research fellow at Harvard and a user of the open MIT network. Swartz had authorization to be in the MIT buildings because it is an open campus. You could go there today and you would not be trespassing. He walked through open doors he had every right to walk through. The closet he left his laptop in was so open a homeless man stored his bags there. The network he used you could go use today.

Swartz neither entered an MIT building without authorization nor downloaded any article to which he did not have legitimate access. These are "facts" you or someone else made up.

If you need to lie to make your point, you should consider your motivation.

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Made repeated and considerable efforts to evade having his laptop blocked from the network by changing its network address fraudulently and doing so in different physical locations.

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terms of service violations, not crimes.

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And he hid his face from security cameras using a helmet because he knew what he was doing was totally not illegal, just a TOS violation.

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1. MIT buildings are open, yes, but that does not mean you can do things you should not be doing in MIT buildings. The idea of MIT being "open" was to honor MIT's student hack culture. Notice the words "MIT" and "Student".

2. Yes, he had legitimate access to the articles but what he did, under current law, was not legitimate (please see my previous points). He downloaded paid, copyrighted material.

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a fairly standard motion for unredacted discovery. American law is based on the idea that you have a right to face your accuser. A prosecutor has to make an argument to a judge as to why the personal information of a witness should not be provided to the defendant (it is always provided to the defense attorney) in order to prevent the defense from knowing the parties involved in the matter.

If Swartz had not committed suicide I imagine that this information would be released prior to the trial (you cannot actually call surprise witnesses in court), but because he is dead, the government is saying "well, the information you would have received is no longer relevant, so why should we provide it?"

Protection is an interesting take on it. Depends how liberal or conservative you are and how much you think things like Guantanamo
keep us safe.

MIT is pretty good at making people kill themselves... maybe more transparency could be helpful...

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"National security" entering the fray any moment now... Oops...scratch that...

http://www.boston.com/yourcampus/news/mit/2013/03/...

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Thank you MIT for protecting your people from the desperate lynch mob seeking to make a martyr of Aaron Swartz. If I were a network security person at MIT...and the government or my employer was investigating a known breach of security, am I supposed to consider whether my cooperation might lead someday to the suicide of some activist? Should I worry that someday, because I cooperated with the government, angry people are going to come looking for me and accuse me of being a part of something evil? Transparency requires trust, it does not create it.

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Aaron Swartz is already a martyr for liberating publicly-funded research and academic journals from restricted access systems.

We payed for that work -- It is creative commons. We own that work. We'll all be better off when everyone can access that work.

MIT told Aaron's father they did not want to prosecute. Then they did. What happened? We'll have their report and the documents they used as sources with the names redacted.

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? How do you get to read the previous page
at
http://en.wikipedia.org/wiki/Recovery_Is_Possible

that got deleted.

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When stuff like this keeps happening?

http://www.boston.com/metrodesk/2013/03/20/mit-stu...

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