Archive for January 13th, 2013

Aaron Swartz, Dead At 26

by lizard

Before yesterday, I didn’t know who Aaron Swartz was, but as the news of his alleged suicide spread online over the weekend, I learned enough to understand why the outpouring of grief and anger has been so acute.

At the age of 26, Aaron had accomplished more than people twice his age. One significant example: he was instrumental in stopping SOPA, which is the subject of this incredibly inspiring keynote speech Aaron Swartz delivered last year:

Here’s a bit more of his bio, from mashable.com:

Born in 1986, Swartz co-authored the first specification of RSS when he was 14. He also started Infogami, a service funded by Y Combinator that was later merged with social networking site Reddit.

Swartz also co-founded Demand Progress, an advocacy group that rallies people “to take action on the news that affects them — by contacting Congress and other leaders, funding pressure tactics, and spreading the word in their own communities.”

In July 2011, Swartz was arrested for allegedly harvesting 4 million academic papers from the JSTOR online journal archive. He appeared in court in Sept. 2012, pleading not guilty.

That last line about Swartz’s legal troubles is what many are speculating may have contributed to his decision to take his own life. He was in the midst of an aggressive prosecution that could land him 30 years in prison.

The best perspective on that case I’ve read comes from the expert witness, Alex Stamos, who felt compelled to set some things straight:

I did not know Aaron Swartz, unless you count having copies of a person’s entire digital life on your forensics server as knowing him. I did once meet his father, an intelligent and dedicated man who was clearly pouring his life into defending his son. My deepest condolences go out to him and the rest of Aaron’s family during what must be the hardest time of their lives.

If the good that men do is oft interred with their bones, so be it, but in the meantime I feel a responsibility to correct some of the erroneous information being posted as comments to otherwise informative discussions at Reddit, Hacker News and Boing Boing. Apparently some people feel the need to self-aggrandize by opining on the guilt of the recently departed, and I wanted to take this chance to speak on behalf of a man who can no longer defend himself. I had hoped to ask Aaron to discuss these issues on the Defcon stage once he was acquitted, but now that he has passed it is important that his memory not be besmirched by the ignorant and uninformed. I have confirmed with Aaron’s attorneys that I am free to discuss these issues now that the criminal case is moot.

I was the expert witness on Aaron’s side of US vs Swartz, engaged by his attorneys last year to help prepare a defense for his April trial. Until Keker Van Nest called iSEC Partners I had very little knowledge of Aaron’s plight, and although we have spoken at or attended many of the same events we had never once met.

Should you doubt my neutrality, let me establish my bona fides. I have led the investigation of dozens of computer crimes, from Latvian hackers blackmailing a stock brokerage to Chinese government-backed attacks against dozens of American enterprises. I have investigated small insider violations of corporate policy to the theft of hundreds of thousands of dollars, and have responded to break-ins at social networks, e-tailers and large banks. While we are no stranger to pro bono work, having served as experts on EFF vs Sony BMG and Sony vs Hotz, our reports have also been used in the prosecution of at least a half dozen attackers. In short, I am no long-haired-hippy-anarchist who believes that anything goes on the Internet. I am much closer to the stereotypical capitalist-white-hat sellout that the antisec people like to rant about (and steal mail spools from) in the weeks before BlackHat.

I know a criminal hack when I see it, and Aaron’s downloading of journal articles from an unlocked closet is not an offense worth 35 years in jail.

Stamos proceeds to lay out the facts of the case, facts that led to an easy conclusion that prosecutors were being exceptionally aggressive in going after Swartz over the electronic theft of academic papers.

Lawrence Lessig describes his perception on the prosecutorial zeal in this response:

Here is where we need a better sense of justice, and shame. For the outrageousness in this story is not just Aaron. It is also the absurdity of the prosecutor’s behavior. From the beginning, the government worked as hard as it could to characterize what Aaron did in the most extreme and absurd way. The “property” Aaron had “stolen,” we were told, was worth “millions of dollars” — with the hint, and then the suggestion, that his aim must have been to profit from his crime. But anyone who says that there is money to be made in a stash of ACADEMIC ARTICLES is either an idiot or a liar. It was clear what this was not, yet our government continued to push as if it had caught the 9/11 terrorists red-handed.

Aaron had literally done nothing in his life “to make money.” He was fortunate Reddit turned out as it did, but from his work building the RSS standard, to his work architecting Creative Commons, to his work liberating public records, to his work building a free public library, to his work supporting Change Congress/FixCongressFirst/Rootstrikers, and then Demand Progress, Aaron was always and only working for (at least his conception of) the public good. He was brilliant, and funny. A kid genius. A soul, a conscience, the source of a question I have asked myself a million times: What would Aaron think? That person is gone today, driven to the edge by what a decent society would only call bullying. I get wrong. But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.

For remember, we live in a world where the architects of the financial crisis regularly dine at the White House — and where even those brought to “justice” never even have to admit any wrongdoing, let alone be labeled “felons.”

In that world, the question this government needs to answer is why it was so necessary that Aaron Swartz be labeled a “felon.” For in the 18 months of negotiations, that was what he was not willing to accept, and so that was the reason he was facing a million dollar trial in April — his wealth bled dry, yet unable to appeal openly to us for the financial help he needed to fund his defense, at least without risking the ire of a district court judge. And so as wrong and misguided and fucking sad as this is, I get how the prospect of this fight, defenseless, made it make sense to this brilliant but troubled boy to end it.

Even Aaron’s parents, with their official statement, put their son’s death in context:

Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney’s office and at MIT contributed to his death. The US Attorney’s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community’s most cherished principles.

Today, we grieve for the extraordinary and irreplaceable man that we have lost.

There is no justice in the American judicial system.

Not when there is actually a bank, HSBC, that has been officially declared too-big-to-prosecute for laundering drug money:

DOJ attorneys argued that aggressively prosecuting HSBC could destabilize the entire international banking system. Breuer said in an interview with the Washington Post, “If you prosecute one of the largest banks in the world, do you risk that people will lose jobs, other financial institutions and other parties will leave the bank, and there will be some kind of event in the world economy?” In other words, banks that break the law by laundering money for drug cartels and rogue states are immune from criminal prosecution because a global financial meltdown could be triggered.

So while bankers can break the law with total impunity, a brilliant young man is broken by the state and its minions—in this case, Carmen Ortiz, a person even Chris Hayes singled out in his response on his show:

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.

(I expect Anonymous is already at work on that one)

Two days ago I didn’t know anything about Aaron Swartz. Now I know how much I have to thank him for.

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