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Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

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Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#91

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 filt…

Why is that fundamentally different?

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#92

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…

Remember it was MIT that dobbed him in.

MIT then helped the criminal prosecution even after JSTOR settled with him.

https://www.eff.org/deeplinks/2013/07/mit-aarons-swartz-case...

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#93

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 filt…

So what's the maximum penalty for trespassing? The prosecution was looking for a disproportionate sentence

About technical countermeasures to evade blocking.. you realize that everybody that does scraping at a large scale employs those, right? Including Meta

Specially nowadays where large swaths of the web is behind captchas

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#94
post #63

Earlier quoted context omitted.

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…

"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.

For the in-crowd the law protects but does not bind. For the out-crowd, the law binds but does not protect.

Can’t remember where I read that but it has stuck with me.

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#95

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 woul…

I mean, total societal collapse would absolutely suck, and there's indeed no guarantee that whatever will replace it won't fall into similar traps eventually, but if things actually are as you describe them, it only can get worse and worse indefinitely, until we get to global collapse anyway.

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#96
post #2

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.

> 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…

For some insane reason I am unable to comprehend, the UK government still allows Fujitsu to bid on government software contracts, despite being responsible for all of the false imprisonments, trauma, and tragedy you laid you in your post.

https://uk.finance.yahoo.com/news/fujitsu-allowed-bid-govern...

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#97

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…

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…

the sentences that US courts dream up around digital offences are absolutely obscene and seem to only exist as a means of coercion. However because they're still technically real and it feels disgusting.

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#98

Earlier quoted context omitted.

How does prosecuting someone who downloaded articles in a broom closet help her career advancement?

prosecutors with higher conviction rates are typically viewed more favorably than prosecutors with lower conviction rates.

She could have just never even brought the prosecution in the first place.

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#99
post #38

Earlier quoted context omitted.

How does prosecuting someone who downloaded articles in a broom closet help her career advancement?

Easy notch on her belt.

Aarons lawyers expected an acquittal which is why he rejected the plea deal of 6 months

Re: Aaron Swartz was prosecuted for scraping, while Meta does it without consequence

#100

Earlier quoted context omitted.

prosecutors with higher conviction rates are typically viewed more favorably than prosecutors with lower conviction rates.

She could have just never even brought the prosecution in the first place.

im not saying she did the right thing, im just answering the question of "how does prosecuting someone help her career advancement".
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