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MIT President on Aaron Swartz

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Re: MIT President on Aaron Swartz

#121

Aaron Swartz was mentally ill and committed suicide as a direct result of his mental illness. He comtemplated suicide in 2007 long before any of this DOJ stuff happened. http://www.aaronsw.com/weblog/dying Furthermore the "glorification" of his suicide is doing nothing more but encouraging other suicidal "hackers" to go over the edge so they have their "story" and inconsequential blog posts plastered all of Hacker Ne…

I don't really understand this "mental illness" obsession on Hackers News. Yes, there is probably such a thing as "mental illness", but it is not directly comparable in most cases to physical illness, and what we refer to as "mental illness" is really a very complex interrelation of a range of factors including an individuals life circumstances, stress factors, history of abuse and trauma, drug usage, relationship issues, and possibly actual brain disorders that are purely physical/genetic in origin.

Historically, accusations of "mental illness" has been one of the most common ways of denying and shielding abuse, and then provided as an explanation when victims commit suicide. Its downright scary that this same term is being bandied about without any sensitivity to its historical context. People who commit suicide may be mentally ill, or they may be trying to escape intolerable and unbearable events in their life - but simply defining suicide as a symptom of mental illness ignores the underlying complexities of why someone might reach this decision.

Imagine the case of a young girl being sexually abused over many years by a close family member whom she fears. Her behaviour becomes more erratic over time, and is diagnosed as being mentally ill and forced to take medication. In a state of unrelenting emotional anguish, and unable to share her pain with a world that is motivated to explain everything as mental illness and unwilling to look at a dark reality they would rather avoid than confront, she takes her own life. Was she mentally ill? Well obviously something wasn't right, but to describe her as suffering a "disorder" when clearly the problem was something external being imposed seems almost inhuman. What if she hadn't committed suicide, and eventually escaped her abusers and went on to live life, but continued to suffer depression and anxiety decades later. Would you describe her as mentally ill then? A doctor today almost certainly would.

Who knows why Aaron committed suicide. Clearly he was faced with extraordinary life stress - can anyone here really imagine what it must be like to face 35 years in jail for doing something he though was right? It would be reasonable to assume this played a part, probably a large part, is his decision. However, the actual reasons for his suicide, or the nature of his "crimes", does not excuse the prosecution for it's excessive and overblown nature. It would have been just as wrong had Aaron not taken this decision, and instead received a lengthy jail term for a fairly benign crime, as the present tragic outcome.

Re: MIT President on Aaron Swartz

#122
post #73

Earlier quoted context omitted.

True or False: a federal prosecutor decided to charge Aaron Swartz with 35 years in federal prison for downloading pdfs from JSTOR [1]. True or False: Lawrence Lessig, Alex Stamos (an expert witness) and Swartz's own family said that the overzealous and vastly disproportionate prosecution was the principal factor in his suicide. The real witch-hunt was led by Carmen Ortiz and Steve Heymann and ended in Swartz's death…

I believe this is a per se example of what potatolicious was referring to. Lessig, Stamos, and Swartz are what is legally known as "biased" toward Aaron's case. Naturally, MIT, JSTOR, and various persons in the federal government have differing opinions. Aaron wasn't the target of a witch hunt; that would imply that he wasn't guilty of anything. He was --he admits to what he did. His defense was an MLK/Ghandi defense…

  This is a fantasy, both in the likelihood of occuring
http://www.latimes.com/news/nation/nationnow/la-na-nn-aaron-...

  Hacktivist's suicide intensifies criticism of U.S. attorney, MIT

  But his suicide by hanging Friday has also stoked a 
  politically malignant aftermath for the prosecutors 
  pursuing 13 felony charges against him in a trial that was 
  set to begin in a month. Some said his death could be a 
  watershed moment in the ongoing intellectual property 
  debate over the things people share and create, and how 
  they share and create them. 
http://tv.msnbc.com/2013/01/13/the-brilliant-mind-righteous-...

  You should know his death is a good reason to revisit the 
  1986 Computer Fraud and Abuse Act, the law under which he 
  was prosecuted, since it is far too broad, and to take a 
  hard look at Massachusetts U.S. Attorney Carmen Ortiz, 
  whose office prosecuted Aaron with such recklessly 
  disproportionate vigor, and who is reportedly considering a 
  run for governor.
http://online.wsj.com/article/SB1000142412788732458150457823...

  To some in the Internet community, it was a Robin Hood-like 
  stunt.Prosecutors disagreed and threatened to put him in 
  prison for more than three decades.

  Mr. Swartz's lawyer, Elliot Peters, first discussed a 
  possible plea bargain with Assistant U.S. Attorney Stephen 
  Heymann last fall. In an interview Sunday, he said he was 
  told at the time that Mr. Swartz would need to plead guilty 
  to every count, and the government would insist on prison 
  time. Mr. Peters said he spoke to Mr. Heymann again last 
  Wednesday in another attempt to find a compromise. The 
  prosecutor, he said, didn't budge.

  Mr. Heymann didn't reply to requests for comment Sunday.

  The Massachusetts U.S. attorney's office declined to 
  comment Sunday, saying it wanted to respect the family's 
  privacy. But in a press release from July 2011 when the 
  charges in the case were announced, U.S. Attorney Carmen 
  Ortiz said, "Stealing is stealing, whether you use a 
  computer command or a crowbar."
No comment from Heymann. A "hard look" at Ortiz. Politically malignant aftermath. Doesn't sound good.

This is a CAT-4 shitstorm. Getting phone calls from the Wall Street Journal about why your aggressive prosecution caused the death of a young computer genius is not what Heymann and Ortiz signed up for. They were gunning for Bostonian of the Year, stuff like that. So already there is a deterrent effect. If and when the politicians get involved and call for an investigation into disproportionate sentencing, it will kick up to CAT-5. Moreover, there are 2300 articles like that on Google News now. Go check. The more calls for resignation, the more she becomes a public embarrassment to Obama, the more likely she is to be put on leave.

Now, pretty much everything else you've posted in these threads has been either trivially wrong ("federal prosecutors have no discretion") or a naked argument in favor of unlimited state power. But this is at least a prediction about a future outcome.

So let's make a bet. Prediction: Carmen Ortiz will be at a minimum put on administrative leave and will likely be forced to resign by the end of February. If I win, you never darken Hacker News' doorstep again. If you win, I in turn stop posting and you can push HN towards what appears to be your ideal venue: a space for lawyers rather than hackers, a space for people who sympathize with the federal prosecutor who hounded a hacker to his death.

Deal?

PS:

1) JSTOR is not on the same side as MIT. And MIT by their recent statement is not on the same side as the prosecutor.

2) Aaron never admitted guilt/plead guilty.

3) The charges weren't "dropped", they were rendered moot by his death.

Re: MIT President on Aaron Swartz

#123

Earlier quoted context omitted.

Better in what way? Less caring? More apathetic? I think we should have been better than this too... I think we should have been up in arms while Aaron was still alive . It was wrong then too, but easier to dismiss because it was someone else' fight.

I agree, and it's why I find the witch hunt angle all the more troubling. Half of the people making angry diatribes right now on HN couldn't write a cogent paragraph about the failings of the American prosecutorial system, two days ago. And now they're busy tripping over each other with hyperbole-filled condemnations, and casting all members of the justice system as something subhuman. And in all of this noise we've…

> And in all of this noise we've only heard a few whimpers about the systemic failings that have brought about this tragedy, with vastly more voices calling for specific heads to roll.

"Calling for specific heads" is a perfectly reasonable response to systemic failings. The system is fucked up and it's not even as if they can say "I was just doing my job". There is a large amount of discretion involved here. Even hypothetically conceding that some crime was committed and that this is just how the game is played to get people to plea doesn't justify ruining someone's life.

Hold these specific people accountable and the message will be sent that these tactics are no longer accepted. It's just a band-aid but it's a start.

Re: MIT President on Aaron Swartz

#124
All the organizations (MIT, JSTOR, etc.), specifically the people directly involved in bullying Aaron Swartz may have publicly announced their condolences, but to me they all sound like sugar coated empty jars. I can sense that when they all go home they'll be saying "Regardless of what happened, Aaron Swartz will always be remembered as a thief, a radical, and most of all a criminal". I bet those people are feeding large amounts of coal into their legal department to avoid being blamed for Aaron's death.

Re: MIT President on Aaron Swartz

#126

Aaron Swartz was mentally ill and committed suicide as a direct result of his mental illness. He comtemplated suicide in 2007 long before any of this DOJ stuff happened. http://www.aaronsw.com/weblog/dying Furthermore the "glorification" of his suicide is doing nothing more but encouraging other suicidal "hackers" to go over the edge so they have their "story" and inconsequential blog posts plastered all of Hacker Ne…

You're asking readers to grant you an awful lot of your assumptions. For example: "committed suicide as a direct result of his mental illness." Neither you nor I know that. Suicide is often precipitated by stressful incidents. Is the mental illness the direct cause? What if the stress is the direct cause and the mental illness simply prevents the depressed person from handling it, much as AIDS damaging the immune sys…

> What crimes did Aaron commit? My understanding is that he was alleged to have committed crimes, but this has not been proven in court, so we don't know that he committed crimes, and if he did, we do not know that he did so knowingly

IF he did what is alleged, it is pretty hard to see how it could not be knowingly. He had access to JSTOR as part of his work at Harvard. If he didn't know what he was doing was violating the rules, he would have done it at Harvard. He would not have bought a new computer, went to MIT, used a fake name and email address to access the guest network, used MAC address spoofing and a second computer to evade MIT and JSTOR's attempts to stop him, or trespassed and connected his computer directly to the wired network to bypass the guest wireless network.

Here's the indictment: http://web.mit.edu/bitbucket/Swartz,%20Aaron%20Indictment.pd...

Re: MIT President on Aaron Swartz

#127
post #11

Earlier quoted context omitted.

No -- Abelson is an uninvolved, very respected professor. It's normal to appoint someone like that to run an investigation. There is every reason to suspect it will be comprehensive, fair, and public.

It's normal to appoint someone like that to run an investigation. This is a bit naive, no? Look at Eric Schneiderman. e.g. http://www.nakedcapitalism.com/2012/09/yes-really-truly-no-j...

MIT is a lot more similar to NASA than to the banking sector or the federal government.

Re: MIT President on Aaron Swartz

#128
post #72
post #68

Earlier quoted context omitted.

That is a fine display of histrionics; but, the specifics of this case DO merit removing Ms. Ortiz and her assistant Mr. Heymann from office. Those of us who were following the case before Aaron's tragic episode knew that a great injustice was being perpetrated, but that it could not realistically be undone until after the damage had happened. Ms. Ortiz and Mr. Heymann should be held accountable for their decision to…

I intended to up vote this (downvoted by accident as I am reading on my phone)

I up voted it to cancel your accidental down vote. I have never understood why HN does not let people change a mistaken vote.

Re: MIT President on Aaron Swartz

#129
post #24

Earlier quoted context omitted.

MIT has a sad history with regards to suicide. As a result, the administration is usually much more sensitive and self-aware when it comes to suicide-related incidents.

You're not exaggerating: http://web.mit.edu/~sdavies/www/mit-suicides/ Not just the number of suicides, but also the contexts (Elizabeth Shin's story is particularly chilling - that one stuck with me because I used to live with her former roommate's brother).

It looks like that link is no longer available.

Re: MIT President on Aaron Swartz

#130
post #127

Earlier quoted context omitted.

It's normal to appoint someone like that to run an investigation. This is a bit naive, no? Look at Eric Schneiderman. e.g. http://www.nakedcapitalism.com/2012/09/yes-really-truly-no-j...

MIT is a lot more similar to NASA than to the banking sector or the federal government.

I'm speaking to the assumption that promoting an agreeable person will necessarily have a favorable outcome. There's a huge presumption that Abelson's role in this precludes unfairness.
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