August 14th, 2024

The Criminal Charges Against Aaron Swartz Were Fair and Reasonable (2013)

Aaron Swartz, an internet activist, died by suicide amid serious charges for unauthorized JSTOR downloads. His case raised debates on computer crime laws and prosecutorial discretion, with critics citing overreach.

Read original articleLink Icon
The Criminal Charges Against Aaron Swartz Were Fair and Reasonable (2013)

Aaron Swartz, an internet activist, died by apparent suicide while facing criminal charges related to his attempt to download and distribute the entire JSTOR database, which contains academic journals. Swartz had legitimate access to JSTOR through Harvard's network but chose to use MIT's network without authorization. His actions included creating guest accounts, circumventing download limits, and ultimately breaking into an MIT closet to connect his computer directly to the network. The charges against him included wire fraud, computer fraud, and unauthorized access, all of which were based on established legal precedents. Critics, including Swartz's friend Larry Lessig, accused prosecutors of overreach and bullying, arguing that the severity of the charges was disproportionate to the alleged crime. The legal analysis suggests that the charges were grounded in a fair interpretation of the law, with no apparent prosecutorial misconduct. The discussion surrounding Swartz's case has sparked broader debates about the application of computer crime laws and the discretion exercised by prosecutors in such cases.

- Aaron Swartz faced serious charges for attempting to download JSTOR's database without authorization.

- Critics argue that the prosecution was overly aggressive and contributed to Swartz's tragic death.

- Legal analysis indicates that the charges were based on established law and fair interpretations.

- The case has ignited discussions about the fairness of computer crime laws and prosecutorial discretion.

- Swartz's actions included circumventing security measures and unauthorized access to a protected database.

Link Icon 4 comments
By @TheCleric - 9 months
This is a highly editorialized title. The title from the blog is simply "The Criminal Charges Against Aaron Swartz".

In fact the words "Fair And Reasonable" don't even appear on the page.

By @orbital-decay - 9 months
Before anyone replies to the editorialized headline, his argument (including the second part cited in the comments here) is that the charges were fair according to the law but constituted a minor crime in a way the law fails to discern, and this issue also happens to be his pet peeve. Which is probably true, but (also understandably for a legal scholar) doesn't touch one point: this was a political action and statement that tried to challenge the nature of this law, in the same way current shadow libraries also are.
By @creatonez - 9 months
Plotting to liberate JSTOR is likewise fair and reasonable :)