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> - Phil Zimmerman (PGP) was under criminal investigation for arms exports by releasing the code for consumer encryption. The case escalated and was eventually
by parasense 4y ago
> - Phil Zimmerman (PGP) was under criminal investigation for arms exports by releasing the code for consumer encryption. The case escalated and was eventually dropped, included POTUS attention.
A legitimate example of free speech. Zimmerman published his code in the appendix of scholarly book, in addition to posting online in source & binary form.
> - Aaron Swartz passed away via suicide in 2013 under threat of 35 years in prison and a lot else for downloading from JSTOR programmatically
A terrible example, and not comparable to your first example. Swartz gained physical access to a network room he was not supposed to be, inside a building he was not supposed to be, connected a laptop to a LAN he was not granted access.... When you say programmatically, you must mean the parts where he proceeded to download JSTOR using his laptop? Has was criminally trespassing, accessing a network he knew he wasn't allowed to access. The tragic outcome was due to... hate to say it, he had well known mental issues that amplified the stress he felt when being indicted for a crime he knew he was guilty.
So I get what you're saying, but you might want to limit your examples to abjectly reasonable ones that withstand scrutiny. Otherwise it might look like a bandwagon, generalization, or even false dichotomy.
- akiselev 4y agoActual prison time wasn't on the table until the federal prosecutors took over and tried to make an example of him [1]. Until then, everyone expected a slap on the wrist. I remember those events clearly and even JSTOR, the "victim" in the case, backpedaled on the prosecution before he committed suicide. He was driven to suicide by an overzealous federal prosecutor trying to make a career for themselves. [1] https://www.cnet.com/tech/tech-industry/swartz-didnt-face-prison-until-feds-took-over-case-report-says/ https://www.cnet.com/tech/tech-industry/swartz-didnt-face-pr...
- tiahura 4y agoHe made the choice. No one else. Or, if you blame the prosecutor for driving him, do you also blame his friends and family for not being supportive enough?
- loktarogar 4y agoNo-one exists in a vacuum.
- ETH_start 4y agoThe primary responsibility falls on the prosecutor. The prison sentence they sought for Swartz was not by any stretch justified. This injustice seriously endangered not just Swartz's mental health, but his prospects for a fulfilling life, even had he lived.
- tiahura 4y agoA prosecutor doesn’t seek a sentence until after the defendant is found guilty. Moreover, judges don’t care about prosecutors or what they think. And, sentences are largely determined by sentencing guidelines. Rich white kids with no prior convictions don’t go to prison for stealing library books.
- ETH_start 4y agoThe prosecutors choose the charges, and did not have to choose charges that carried a maximum sentence of 35 years, which is almost a death sentence.