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Losing Aaron: Bob Swartz on MIT's role in his son's death

bostonmagazine.com

21–30 of 211 posts

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#21

Earlier quoted context omitted.

OK, then you would receive your share of the blame if that person killed themselves after being hounded by the prosecutors you aided.

So the US should stop prosecuting crimes if there is a worry that person might be mentally unstable?

If you are the aggrieved party, and the punishment the law is meting out is ridiculously out of proportion to the harm done to you, you have some responsibility to speak up.

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#22

What would be a less strict university in USA, more libertarian, less police state if you would?

I know some of the people who run MIT's networks. They deal with a lot of ignorant jerks who would deserve to be turned into an example by an overzealous prosecutor. That's what makes the Swartz case baffling. I think someone got starstruck dealing with Federal Prosecutors and became a toady.

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#23
I'm still more disturbed by the laws in play.

Aaron was facing a cumulative maximum penalty of 35 years in prison.

The roommates of one of the Boston bombers was only facing 25 years in prison[1] if found guilty of helping Dzhokhar Tsarnaev dispose of a laptop, fireworks, and a backpack in the aftermath of the bombings.

I understand it's not a straight comparison, but no matter how I try to re-arrange those numbers in my head, I can't reconcile the impact to punishment.

[1]: http://en.wikipedia.org/wiki/Boston_Marathon_bombings#Dias_K...

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#24
post #6

Earlier quoted context omitted.

Well, they certainly did not help to prevent the ridiculous prosecution being made

I am curious, what was wrong with the criminal charges against Swartz? Can someone clarify how the prosecutor handled things wrong?

The prosecutor had to dig around to even find a crime with which to charge Aaron. JSTOR, the so-called victim, did not even want to see the prosecution move forward and had to be subpoenaed for evidence against Aaron, with whom they had already settled matters. The prosecutor's case was based on an extremely expansive interpretation of the law, and additional charges were added in retaliation for Aaron's decision to actually exercise his right to a trial.

Basically, this case embodied almost everything that is wrong with the criminal justice system in America.

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#25
post #15

What would be a less strict university in USA, more libertarian, less police state if you would?

What's more libertarian than calling the police when someone misuses and infringes on your property?

Libertarians (at least consistent ones) call out intellectual property for what it is: government monopoly.

In libertopia... Aaron would only face life in prison if he entered into a contract with MIT agreeing to life in prison for accessing the systems in the way he did.

In libertopia... you cannot consent to terms you cannot negotiate (IE accessing a website does not magically enter you into some agreement).

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#26
post #2

Suicide is completely a personal choice. MIT had no reason to try and defend an outsider who hijacked part of their network, and trying to make them seem like they caused him to hang himself smacks of tunnel vision. It's a natural response to a suicide; we try and search for something to blame. But unless you argue that MIT should have known Aaron was mentally unstable, saying MIT "caused" him to kill himself is illo…

Oh, poor MIT, all they did was actively help the guy who wanted Aaron thrown in prison for three and half decades* while pretending to be neutral. Any of us might have done the same, right? Totally innocent! Like "a rape victim," to use Heymann's own words. If you punch a stranger in the face, you probably don't expect him to fall, crack his head on the corner of a table, and die; but you don't get to claim you're bl…

It was Aaron's choice to kill himself. He wasn't a victim of anything but his own mind.

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#27

Earlier quoted context omitted.

MIT did not on its own "cause" Aaron to commit suicide, but MIT certainly did play a role in the events that led up to the suicide. Perhaps MIT had no reason to defend Aaron, but what reason did they have to help the prosecution -- why did MIT turn over information without being subpoenaed for it? MIT deserves its share of the blame.

if someone broke into my Network Closet, I would not need a subpoena.

The closet was not locked, so there was no need to break into it.

This is common knowledge about the case, also found in Wikipedia: http://en.wikipedia.org/wiki/Aaron_Swartz#JSTOR

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#28

Earlier quoted context omitted.

OK, then you would receive your share of the blame if that person killed themselves after being hounded by the prosecutors you aided.

So the US should stop prosecuting crimes if there is a worry that person might be mentally unstable?

No, but the US absolutely should stop using plea-bargaining as a way to bully people into not going to trial, and then retaliating against people who dare to exercise their right to a trial by adding additional charges against them after plea bargaining. While we are at it, we should reign in the cost of actually exercising the right to a trial -- Aaron lost his fortune defending himself from the government, which is more than most Americans could hope to do.

See, the problem here is that we are talking about giving aid to overly aggressive prosecutors, whose entire careers are devoted to undermining civil rights and destroying their targets. If that is the sort of prosecution you are aiding, yes, you should share in the blame for what happens to the prosecutor's victims.

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#29
post #2

Suicide is completely a personal choice. MIT had no reason to try and defend an outsider who hijacked part of their network, and trying to make them seem like they caused him to hang himself smacks of tunnel vision. It's a natural response to a suicide; we try and search for something to blame. But unless you argue that MIT should have known Aaron was mentally unstable, saying MIT "caused" him to kill himself is illo…

MIT killed Aaron. I don't even use their public key database anymore.

Re: Losing Aaron: Bob Swartz on MIT's role in his son's death

#30
post #23

I'm still more disturbed by the laws in play. Aaron was facing a cumulative maximum penalty of 35 years in prison. The roommates of one of the Boston bombers was only facing 25 years in prison[1] if found guilty of helping Dzhokhar Tsarnaev dispose of a laptop, fireworks, and a backpack in the aftermath of the bombings. I understand it's not a straight comparison, but no matter how I try to re-arrange those numbers i…

Well now, the Boston bombers only killed three people -- bad, but you know, not that bad. Aaron was going to freely distribute knowledge to people, threatening a centuries-old business model and potentially allowing undeserving people to learn something. Worse, Aaron had already freely shared legal documents on the Internet, and had the nerve to stand up for himself and not be thrown in jail for it.

Obviously Aaron was doing something far more dangerous and destructive to our country than aiding a terrorist.

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