Big Ugly Government: More On Aaron Swartz Case And Why Obama Is George Bush (And Then Some) With A Tan
For those of you Obama voters who were behind him because you believed he was a shining light of civil liberties (unlike George Bush), have you admitted that your faith in him was misplaced? That he's just another politician, with all the grasping, cronyism, and selling out that comes with that?
Jonathan Turley blogs about Aaron Swartz and what he calls the Obama Admin's "war on public access to information":
In 2008, he took on PACER, or Public Access to Court Electronic Records, for its charging of 10 cents a page for documents. I agreed with Swartz about this charge as being a barrier to public access to our courts and important cases. He argued correctly that there should be free access. He co-founded Demand Progress to seek online access and fought for social reforms. The federal government, at the behest of industry groups, shutdown his free library program.In 2011, Swartz took on JSTOR, the academic repository of papers and research. It is a subscription based service. He broke into the computer system at MIT through a utility closet using a laptop and a false identity. He downloaded 4.8 million documents. Notably, however, MIT chose not to pursue charges -- to its credit. For many years, academics argued that such material should be free to the public as a matter of principle. Two days before Swartz's death, MIT releases all documents publicly free of charge.
However, despite MIT's position that it did not want to bring charges, Carmen M. Ortiz saw her chance. Ortiz is the United States Attorney for Massachusetts and a graduate of our law school who spoke recently at our commencement. Industry groups and lobbyists have long gotten what they wanted from Obama on criminalizing trademark and copyright violations. States have shown the same capture by industry groups. Swartz was a prime target as an advocate of public access and the Obama Administration threw everything that they had at him.
There is no question that Swartz crossed the line and broke into the system. However, given MIT's position against charging Swartz, it would seem a case for prosecutorial discretion or a deal with Swartz. After all, students commit such acts regularly (though certainly not to the size of this download) without charges. Ortiz, however, sought decades in jail and ruinous fines to the great pleasure of the copyright hawks that run throughout the Administration. To the Administration, Swartz was just another felon who needed to be jailed for decades for his crime.







Oliver Stone is doing a series of shows about the "untold history" of the USA. He's done show on everything from the WWI, Great Depression, and other eras to the current regi-, uh, I mean, administration! Man, last night's show really exposed Obaba; I'm truly surprised they let it air! He (Stone) narrates the series and he drew quite a few parallels from FDR, WWII, and the JFK eras to make his points. Fascinating stuff!
(It airs on Showtime.)
Flynne at January 15, 2013 5:44 AM
Gregg watched one of these and said it was quite good (despite who made them).
The guy makes me hurl, but I respect him for not giving the Obama admin a pass.
Amy Alkon at January 15, 2013 6:13 AM
I'm afraid I've got more than a little contempt for Swartz. One of the admirable things about people who "speak the truth to power" is that they accept the consequences of whistle-blowing.
Swartz couldn't face the fact that he WASN'T immune to the consequences of what he had done, and killed himself, leaving the rest of us to deal with what he left behind.
Lamont Cranston at January 15, 2013 6:52 AM
Swartz couldn't face the fact that he WASN'T immune to the consequences of what he had done
WHat exactly did he do? He put his laptop in an unlocked server room, so he didnt tresspass
He downloaded articles from a site he had legal access to as a member of the school, so he didnt steal them
Tell us Lamont what did he do that garnered 40 years in prison?
You ever order pizza online Lamont? ever put in a fake email address in the 'required' box? Know that technically that is illegal and if the government really wanted to they could arrest you for it?
Ever create a fake facebook account to play those stupid zenga games? If not ever know someone who did? Did you know failing to report them for that 'crime' can get you jail time?
lujlp at January 15, 2013 8:54 AM
I have a pacer account, but I've never needed to download the number of pages that would trigger billing. I think it was $10/quarter, but that was when it was 8¢/page.
nonegiven at January 15, 2013 8:55 AM
I am not exactly sure Professor Turley is accurate here. When I read his post yesterday, I believe it claimed that MIT had asked for charges to not be pressed, but it was JSTOR that had done that. MIT's role is much murkier.
There are statements out there from Swartz's three lawyers during the case regarding exactly what the various offers were at various times -- it does not look good for MIT, given their usual policies and handling of such matters.
Lamont, first the guy was known depressive, so yes, his reaction is not necessarily going to conform to how non-depressives might see it. Then too, there is the anticipated punishment for his transgression versus what was actually claimed.
Have you seen this video of a case of road rage in Australia? http://www.fark.com/vidplayer/7534544
It's sort of like that. If we're driving on the road and we collide, or I cut you off, I'm willing to take responsibility for my actions. Up until the point you go berserker on me. Then, up yours!
Read Three Felonies A Day and other posts from Harvey Silverglate to find out more about how the Federal Government charges and over charges people, and variously mistreats them during prosecution in order to force a terrible plea bargain because the alternative was either prohibitively expensive or the prison time horrendously and inappropriately long.
jerry at January 15, 2013 9:04 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/01/15/big_ugly_govern.html#comment-3556183">comment from jerryI am not exactly sure Professor Turley is accurate here.
Thanks for pointing that out. I've had issues with some of his posts in the past (and the fact that he posted a cartoon -- I think maybe one of Gary Larson's -- apparently without paying for it or requesting permission), but I generally like a good deal of his thinking.
And Harvey is right on about this, and thanks for mentioning that, too.
Amy Alkon
at January 15, 2013 9:08 AM
Having been just barely brushed by the effects of clinical depression, I have a lot of sympathy for those who commit suicide in a depressed state, especially if they have tried in the past to get relief and couldn't find it. I've heard people call Schwartz a coward who couldn't take the consequences of his actions, but I think that's from people who don't understand the difference between feeling blue and having major depression.
Astra at January 15, 2013 9:18 AM
I think Turley is one of the best law professor bloggers and civil libertarians out there. In his blog, he describes legal situations in a down to earth manner that makes it understandable to the layman. (And though I also like the Volokh Conspiracy, they are frequently speaking about issues I can't understand as a layman.)
But yes, he does make mistakes that reveals (I think) a bit too much time spent at Reddit.
He does have a corrections page though. (On the other hand, wow, his commenters are completely off the rails.)11
But for the most part, Turley is great stuff. I'd let him speak for me or defend me a zillion percent of the time.
jerry at January 15, 2013 10:19 AM
There's a rash the past few years of non-reviewed "journals" that do little other than harvest theses and dissertations, put them online, and then charge outrageous amounts of money for them. Some of these are government-funded, directly or indirectly via university funds. And often the original authors are not compensated, although sometimes they pay schools kickbacks in exchange for access. And most of the time, the schools claim copyright to the works.
It's not like the old days, when journals had to pay costs of typesetting, printing, and distribution, plus most of them were peer-reviewed and performed editorial services. There's really not much justification for academic journals to charge for access anymore.
Cousin Dave at January 15, 2013 10:31 AM
Kerr
Crid [cridcomment at gmail] at January 15, 2013 12:10 PM
Lamont Cranston: "Swartz couldn't face the fact that he WASN'T immune to the consequences of what he had done, and killed himself, leaving the rest of us to deal with what he left behind."
What hardship have you been burdened with as a consequence of Swartz's suicide?
Ken R at January 15, 2013 12:13 PM
another.
I say Ortiz should lose her job. And her license. And be shunned.
(I might take the last or the two last items back after lunch.)
Crid [cridcomment at gmail] at January 15, 2013 12:16 PM
What hardship have you been burdened with as a consequence of Swartz's suicide?
Indeed. I thought the same thing when I read that comment. The rest of his life was going to be wasted in jail, anyway. I'd probably save myself a lot of misery - and the taxpayers a lot of money - and do the same thing.
Then again, I have an unusual view about suicide. I don't see it as selfish. I don't think it's selfish to take what already belongs to you. Your life is yours and yours alone, and you are the one who gets to decide if it's worth living. Your life doesn't belong to others, and you are not required to live for their sake if you don't want to. I could be talked into an exception to this rule if you have minor children, but that's about it.
Pirate Jo at January 15, 2013 2:14 PM
Here is the way I see it. The government thinks is perfectly legal for companies to sell access to free stuff at prices far beyond server mainteneice and royalties
They feel justified in fast tracking a trail and attempting to jail a major architect of the information super highway for decades for something had he done it without using a computer wouldnt even count as a Class D felony
Meanwhile if your black and threatening voters on election day with threats of asualt, technically construable as treason, and at the very least voter intimidation, the government wont even bother to investigate.
So yeah, as far as I'm concerned the DOJ did overreach
lujlp at January 15, 2013 2:50 PM
I've been a member of Experts Exchange (EE) for years. The premise is that volunteer experts get paid in points, t-shirts and ranks for answering questions. The users pay an access fee to the PAQ (Previously Asked Question/knowledge base) and have the ability to ask a new question. The whole idea behind EE is that it is knowledge sharing and creation. EE has been criticized many times over the years for charging for access to the PAQ. The experts cede their copyright of code to EE. But there are ways for an expert to connect with the asker, if really needed, to achieve a direct development system.
But the the experts and the askers generally realize the cost is worth the money. The EE model is generally software and system neutral. The EE idea is that they sell original information to the customers.
Then you have JSTOR. None of their content is originally created or owned by them. They are generally doing nothing but taking copyright from the publisher and selling it forward.
The whole copyright issue was made bogus by the Disney Corporation buying off Congress. (That's a google for you interested.)
That a federal prosecutor targeted an individual -- that is unacceptable.
Jim P. at January 15, 2013 9:28 PM
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