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Why Did the Justice System Target Aaron Swartz?

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Re: Why Did the Justice System Target Aaron Swartz?

#11
post #10
post #9

Earlier quoted context omitted.

Put your tin hat away. The why of it is really, really obvious. Low hanging fruit, an easy target for prosecutors wanting to score an easy win.

Why are the low hanging fruit / easy win points "tin hat"? The wrong part was the nonsense race point.

> The system attacks those who threaten the system.

Is questionable. There is to date no proof that that is why Aaron was targeted, but there is quite a bit of circumstantial evidence that prosecutors wanted to be seen as tough on cybercrime.

I do consider it an open question, there have been some hints that his activism was part of the reason but for want of proof you can't really contend that it was.

Re: Why Did the Justice System Target Aaron Swartz?

#12
post #10
post #9

Earlier quoted context omitted.

Put your tin hat away. The why of it is really, really obvious. Low hanging fruit, an easy target for prosecutors wanting to score an easy win.

Why are the low hanging fruit / easy win points "tin hat"? The wrong part was the nonsense race point.

The race point isn't non-sense. The targets of aggressive prosecution are by and large involved in the drug trade or with gangs, and as such are very often black or hispanic. Aggressive prosecution pretty much evolved to target those people. One of the reasons you can get so many years out of what seem like relatively minor convictions is because prosecutors often have to deal reticent minority communities. Everyone knows that the defendant is involved with certain crimes, but nobody is willing to testify to the effect of "yeah, he's the major local drug source here," and the prosecutors end up having to go after the defendant on secondary crimes.

Swartz's case is unusual because of his background (upper middle class, well-connected with the community) but also because of his race.

Re: Why Did the Justice System Target Aaron Swartz?

#13
post #10
post #9

Earlier quoted context omitted.

Put your tin hat away. The why of it is really, really obvious. Low hanging fruit, an easy target for prosecutors wanting to score an easy win.

Why are the low hanging fruit / easy win points "tin hat"? The wrong part was the nonsense race point.

I think that you and the parent post are in agreement.

Re: Why Did the Justice System Target Aaron Swartz?

#14
post #12
post #10

Earlier quoted context omitted.

Why are the low hanging fruit / easy win points "tin hat"? The wrong part was the nonsense race point.

The race point isn't non-sense. The targets of aggressive prosecution are by and large involved in the drug trade or with gangs, and as such are very often black or hispanic. Aggressive prosecution pretty much evolved to target those people. One of the reasons you can get so many years out of what seem like relatively minor convictions is because prosecutors often have to deal reticent minority communities. Everyone…

... So Federal prosecutors said, "He's white and middle-class... Does... Not... Compute... Must... Prosecute..." ?

Re: Why Did the Justice System Target Aaron Swartz?

#15
As I read about the early involvement of the secret service and in light of the later actions of the DoJ, I couldn't help but wonder if there was something to the signature of Swartz's actions that raised the Federal Government's level of interest.

To put it another way, how likely is it that that particular closet had been used for similar activities before? Is it more plausible that Swartz discovered the closet or that someone told him about it?

Hell, it was unlocked. The camera may have already been there and the Secret Service already involved. Swartz may have blundered into a honey hole and screwed up an ongoing investigation. That's the sort of thing which pisses cops off.

It's not easy to make sense of MIT's actions as naive responses to a one off event - disconnecting the laptop and alarming the closet would be more plausible as responses to a commercial crime. Putting in cameras and letting the crime continue just doesn't make sense in response to the sort of hacking which is traditional on the MIT campus (e.g. lockpicking). MIT went along until JSTOR took radical public action and data collection and observation by the Feds was no longer feasible.

If the proposed plea bargain required Swartz to cooperate with investigations of other hackers, neither side would have an interest in exposing it. The Feds for fear of tipping their hand, Swartz's survivors for remembrance of his legacy. All along I have had the feeling there is more to the tragedy than the press can get from their chairs.

Re: Why Did the Justice System Target Aaron Swartz?

#16
post #2

I don't agree with the articles contention that a 'DDOs is the internet equivalent of a sit-down strike'.

It's different in the technical details, but the aim is exactly and completely identical: to deny service to other customers as a way to punish the proprietor of a business.

Sitting at a lunch counter is legal, sending an HTTP request to a server is legal. In some cases sitting at a lunch counter for too long becomes illegal, and in some cases sending too many HTTP requests can become illegal (DDoS).

The difference here is that sitting at a lunch counter for too long got you a night in jail whereas participating in a DDoS can easily get you many years in prison and a felony conviction.

There is an imbalance here. Both of these things are acts of protest. Both do economic damage to their targets. Both involve collaboration with others. Why, then are the penalties so radically different?

We could debate the relative economic impact, but I think that's a moot point, just because a business is large does not mean that it should be immune from protest. Political freedom cannot be squelched just because we have decided to rely on fragile technology for day-to-day life.

Re: Why Did the Justice System Target Aaron Swartz?

#17

As I read about the early involvement of the secret service and in light of the later actions of the DoJ, I couldn't help but wonder if there was something to the signature of Swartz's actions that raised the Federal Government's level of interest. To put it another way, how likely is it that that particular closet had been used for similar activities before? Is it more plausible that Swartz discovered the closet or…

Never attribute to malice that which is adequately explained by stupidity.

Re: Why Did the Justice System Target Aaron Swartz?

#18
post #16
post #2

I don't agree with the articles contention that a 'DDOs is the internet equivalent of a sit-down strike'.

It's different in the technical details, but the aim is exactly and completely identical: to deny service to other customers as a way to punish the proprietor of a business. Sitting at a lunch counter is legal, sending an HTTP request to a server is legal. In some cases sitting at a lunch counter for too long becomes illegal, and in some cases sending too many HTTP requests can become illegal (DDoS). The difference h…

You're making the (wrong) assumption that all those participating in a denial of service attack are doing so voluntarily. Typically it's a small number of perps that harness a large number of unwitting drones.

Re: Why Did the Justice System Target Aaron Swartz?

#19

As I read about the early involvement of the secret service and in light of the later actions of the DoJ, I couldn't help but wonder if there was something to the signature of Swartz's actions that raised the Federal Government's level of interest. To put it another way, how likely is it that that particular closet had been used for similar activities before? Is it more plausible that Swartz discovered the closet or…

Never attribute to malice that which is adequately explained by stupidity.

I'm not attributing anything to malice. And I rarely assume people are stupid.

The Feds and MIT administrators are smart. And what I describe would be just them doing their jobs - and doing them with professional efficiency.

Re: Why Did the Justice System Target Aaron Swartz?

#20
post #14
post #12

Earlier quoted context omitted.

The race point isn't non-sense. The targets of aggressive prosecution are by and large involved in the drug trade or with gangs, and as such are very often black or hispanic. Aggressive prosecution pretty much evolved to target those people. One of the reasons you can get so many years out of what seem like relatively minor convictions is because prosecutors often have to deal reticent minority communities. Everyone…

... So Federal prosecutors said, "He's white and middle-class... Does... Not... Compute... Must... Prosecute..." ?

That's not what I said. I said that Swartz's case is unusual because he's white and rich and well-connected in the community, and he wasn't accused of a financial crime.
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