7 ms·

Aaron Swartz Gets Indicted on More Charges in Connection with MIT Break In

89 points by alexwilliams 15y ago

losethos 15y ago
I wrote every line of LoseThos. I was trained at Ticketmaster in 1990-1996 on their VAX operating system. I modified the ticketmaster PASCAL compiler adding += and -=. I increased the size of map files in the linker. I wrote a scandisk/fix thing for their file system. I wrote a file compression package for VAX and PC. I wrote a device driver reset routine for one of their multiplexed serial port devices. Then I worked on hardware -- bar code reader, networker, minor issues with ticketprinter, line voltage regulator. I can prove I had the skills to do LoseThos. You watched me do it. I wrote every line. You don't like it. I'm in prison. God says... thereupon feelings assaying sublimities insatiable than effect roll certainly miracles obtains Catechumen practice unmeasurable exiled luminaries spectacle perverseness endeavour juncture unchangeably bowels luxury excelled prunes imposed Still 'no following length insultingly mislike blood bethink diversely Testament careth inebriate Lo abstruser contemplateth necessaries unbelievers chest arms Blessedness penal deceiving instance vein patched within panted unwholesome perverted Hast prizes fabulous stipend conformity philosophy undisturbed hiddest manner KIND censers delete overflow despaired distilled win affects privily changed belief torn rejoiceth phantasm preparedst surely infancy's Howsoever accompany sheep impostors VII countenance editions unveiled quicker pander fires associated Love smiting servitude dedicated initiating rescuing constraint mistress Welcome humane hands wavy their Virgin clearly hearer labours drowsy abounded Hymns twisted endeavouring beat dispraise admonition
kls 15y ago
It's cases like these that make Academia seem like such an antiquated idea. The fact that institutions support the locking away of research, much of which paid for by public funds and written by authors that intended fair use of their information, reeks of hypocrisy. The fact that no one in academia has spoke up on this case is damming to say the least. We as a society really need to rapidly come to the conclusion that not everything need be for a buck, especially when that something was paid for already via public funds and the true creators of that content never intended for these lech quasi-Academia organization, to be able to milk their work for generations.
- glimcat 15y ago
  "The fact that no one in academia has spoke up on this case is damming to say the least." I'm an academic and I think it's a load of rubbish. Where are you getting your facts?
  - kls 15y ago
    I have seen no media coverage of anyone at MIT or elsewhere condemning the prosecution of Aaron. Nor have I seen any renowned individual of academia, at any point, blog, pod-cast, or via lecture condemn the prosecution of Aaron, just because one may think it is rubbish does not mean that they have given their voice to the subject. The fact is there has been silence on the issue, and that fact is derived from the silence, not from a human or media source. If I am wrong I would love to be corrected, but I have not, to this date, seen anyone of notoriety from MIT speak up.
    - glimcat 15y ago
      So which is it? Academics, or a notorious MIT professor? You're blaming the problem on completely the wrong party to begin with. Academic researchers are getting screwed by groups like JSTOR on a regular basis. There are gorram huge movements in academia dedicated to working on this problem. You're blaming the people who are actually doing the most to try to fix this.
      - lambda 15y ago
        Well, to be fair, who is "Academia"? Is it the professors? Is it the administrations? Is it the whole system, including universities (and all of their issues down to football team scandals), publishers, college admissions tests, and so on? The thing is, there is a fairly substantial system set up around academia. It includes people who run conferences, publishers, school administrators, endowments, students, admissions, government grants, private grants, standardized testing, and more. There is a lot of it that is fairly nasty. Sure, there can be a few professors who object to some parts of it; but that doesn't mean that the system as a whole isn't sick. Has there been any serious institutional pushback against this prosecution? I think that part of the the problem is that the people who matter the most in academia (the professors and the students) have lost their voice to the "industry" of academia; the administrations, publishers, the grant funding bodies, and other people who have a vested financial interest in the system, but who aren't the main producers or consumers of the value of academia.
conover 15y ago
Wire fraud is a big one. Maximum of $1000000 fine and/or 30 years in prison.
alexwilliams 15y ago
I think that hits it right on. Academia is as entrenched as most any powerful copyright holder.
rms 15y ago
:( Keep on fighting the good fight, aaronsw.
GHFigs 15y ago
Those new charges being: "...Breaking and Entering with Intent to Commit a Felony, Larceny over $250, and Unauthorized Access to a Computer Network..." http://www.wickedlocal.com/cambridge/news/x1655830732/Reddit-co-founder-indicted-in-connection-with-breaking-into-MIT-server-room#axzz1e0Ok1QTk http://www.wickedlocal.com/cambridge/news/x1655830732/Reddit... The earlier charges being: Wire Fraud, Computer Fraud, Unlawfully Obtaining Information from a Protected Computer, and Recklessly Damaging a Protected Computer. http://www.documentcloud.org/documents/217117-united-states-of-america-v-aaron-swartz http://www.documentcloud.org/documents/217117-united-states-...
feralchimp 15y ago
"He has apparently settled with JSTOR but not with U.S. prosecutors who indicted Swartz on charges of wire fraud, computer fraud, and unlawfully obtaining information from a protected computer." Everyone theoretically "harmed" by his downloading of the material (all of which was available for free through the MIT Guest wireless network, just at lower speed) has put the incident behind them, but the feds believe their mandate is to nail his ass to the wall. That's not the Academy's fault, and every free person should be pissed about it.
- deleted 15y ago
  [deleted]
- goodweeds 15y ago
  There are a ton of things that every free person should be pissed about, but they're all too busy watching fox news.
- baddox 15y ago
  To be fair, isn't that how criminal law generally works? Once you report a crime (or the authorities find out somehow), can't you still be prosecuted even if the victims say it's "no big deal"?
  - deleted 15y ago
    [deleted]
  - danso 15y ago
    Yes, though in reality, it doesnt happen often because it is difficult to build a case without the primary witness.
    - rufibarbatus 15y ago
      I may be misconstruing what you're saying (please correct me if I am), but I don't see how MIT's and JSTOR's dismissing of the case makes them any less "primary witness material", should the authorities decide to continue prosecuting.
101001011 15y ago
Who is representing him? Lessig?
- wmf 15y ago
  In the words of Michael Clayton, "you need a trial lawyer".
  - aheilbut 15y ago
    Nesson?
  - rdl 15y ago
    If I were him, I'd want Jennifer Granick on my team.
    - jimmyjim 15y ago
      Granick sold out a long time ago. She works for HBGary now. If I recall correctly the whole e-mail dump revealed her to be the backstabbing twit she is.
      - rdl 15y ago
        She is a lawyer. Her highest professional responsibility is to her clients. I don't consider a great lawyer who defends a murderer to have the same morals as the murderer, and without quality representation, justice can't be done. I have met her on many occasions and she has always been competent and helpful.
        101001011 15y ago
        Apologies for nitpicking, but actually as a lawyer her highest responsibility is to the court. Secondary to that is her obligation to her client. The reason for this should be self-evident.
gnat 15y ago
"My bet? Swartz is forcing the issue". My bet is that the Justice Department is still pissed at him for his role in liberating PACER (see http://gnat.me/sJAdUm http://gnat.me/sJAdUm). They'd been obstinately keeping judicial information under paywall lock and key, and were grumpy when he helped release that information (read the link for more). The FBI staked him out, and this set of indictments (where MIT and JSTOR have both made their peace with Swartz) reeks of vindictiveness. Anyone else, they'd have let it go by now.
- feralchimp 15y ago
  Exactly. Whenever law enforcement approaches a situation with a "we'll show HIM who's boss" chip on its shoulder, it's a recipe for disaster. It's a wonder they managed to nab him off his bicycle without shooting anyone's dog.
- 101001011 15y ago
  From the little I know, my bet is it's Swartz's _methods_ that have gotten him in trouble, not so much what he's trying to do. Although there's something to do with streaming he was involved with and I don't know much about that. What's the story behind that? PACER I do know about, first hand. It is a low cost _public service_ that has historically operated at a surplus. I'm sure the goverment _wants_ the public to have better access to this information. This information is going to be free; it's inevitable. It just might take some time. But I read that Swartz went into a _federal court_ library and installed some stealth software; maybe it was just a simple script, doesn't matter. If that's true, that is just a really DUMB thing to do, no matter how noble the objective. Is that really the only place he could do the downloads? And as for this MIT incident, the facts speak for themselves. Most people have no idea what Python is. They have no idea how fast an http server can respond to requests. They don't understand the difference between open and closed data formats, or data that's easy to access versus data they have to click 25 times to get to. All they see is a kid sneaking around. Whether the charges he's facing are commensurate with the damage he's caused is another question. But he does need to show more respect for existing systems no matter how slow to change they may be (even if he has to pretend). He's definitely pushed the issue alright. I just hope for his sake and everyone else who knows their way around computers he hasn't pushed a little too far, too soon. If his methods are deliberately extreme, if he meant to do things this way, then he's either got some huge cajonas and unparalleled advisors behind him, or he's just young and stupid. Though I don't agree with the methods, I hope it's the former.
myhrvold 15y ago
Link appears broken as of now, FYI... (1:00 AM EST)
joelthelion 15y ago
Is this data downloadable somewhere?

89 points by alexwilliams 15y ago

I wrote every line of LoseThos. I was trained at Ticketmaster in 1990-1996 on their VAX operating system. I modified the ticketmaster PASCAL compiler adding += and -=. I increased the size of map files in the linker. I wrote a scandisk/fix thing for their file system. I wrote a file compression package for VAX and PC. I wrote a device driver reset routine for one of their multiplexed serial port devices. Then I worked on hardware -- bar code reader, networker, minor issues with ticketprinter, line voltage regulator. I can prove I had the skills to do LoseThos. You watched me do it. I wrote every line. You don't like it. I'm in prison. God says... thereupon feelings assaying sublimities insatiable than effect roll certainly miracles obtains Catechumen practice unmeasurable exiled luminaries spectacle perverseness endeavour juncture unchangeably bowels luxury excelled prunes imposed Still 'no following length insultingly mislike blood bethink diversely Testament careth inebriate Lo abstruser contemplateth necessaries unbelievers chest arms Blessedness penal deceiving instance vein patched within panted unwholesome perverted Hast prizes fabulous stipend conformity philosophy undisturbed hiddest manner KIND censers delete overflow despaired distilled win affects privily changed belief torn rejoiceth phantasm preparedst surely infancy's Howsoever accompany sheep impostors VII countenance editions unveiled quicker pander fires associated Love smiting servitude dedicated initiating rescuing constraint mistress Welcome humane hands wavy their Virgin clearly hearer labours drowsy abounded Hymns twisted endeavouring beat dispraise admonition

kls 15y ago

It's cases like these that make Academia seem like such an antiquated idea. The fact that institutions support the locking away of research, much of which paid for by public funds and written by authors that intended fair use of their information, reeks of hypocrisy. The fact that no one in academia has spoke up on this case is damming to say the least. We as a society really need to rapidly come to the conclusion that not everything need be for a buck, especially when that something was paid for already via public funds and the true creators of that content never intended for these lech quasi-Academia organization, to be able to milk their work for generations.

glimcat 15y ago
"The fact that no one in academia has spoke up on this case is damming to say the least." I'm an academic and I think it's a load of rubbish. Where are you getting your facts?
- kls 15y ago
  I have seen no media coverage of anyone at MIT or elsewhere condemning the prosecution of Aaron. Nor have I seen any renowned individual of academia, at any point, blog, pod-cast, or via lecture condemn the prosecution of Aaron, just because one may think it is rubbish does not mean that they have given their voice to the subject. The fact is there has been silence on the issue, and that fact is derived from the silence, not from a human or media source. If I am wrong I would love to be corrected, but I have not, to this date, seen anyone of notoriety from MIT speak up.
  - glimcat 15y ago
    So which is it? Academics, or a notorious MIT professor? You're blaming the problem on completely the wrong party to begin with. Academic researchers are getting screwed by groups like JSTOR on a regular basis. There are gorram huge movements in academia dedicated to working on this problem. You're blaming the people who are actually doing the most to try to fix this.
    - lambda 15y ago
      Well, to be fair, who is "Academia"? Is it the professors? Is it the administrations? Is it the whole system, including universities (and all of their issues down to football team scandals), publishers, college admissions tests, and so on? The thing is, there is a fairly substantial system set up around academia. It includes people who run conferences, publishers, school administrators, endowments, students, admissions, government grants, private grants, standardized testing, and more. There is a lot of it that is fairly nasty. Sure, there can be a few professors who object to some parts of it; but that doesn't mean that the system as a whole isn't sick. Has there been any serious institutional pushback against this prosecution? I think that part of the the problem is that the people who matter the most in academia (the professors and the students) have lost their voice to the "industry" of academia; the administrations, publishers, the grant funding bodies, and other people who have a vested financial interest in the system, but who aren't the main producers or consumers of the value of academia.

conover 15y ago

Wire fraud is a big one. Maximum of $1000000 fine and/or 30 years in prison.

alexwilliams 15y ago

I think that hits it right on. Academia is as entrenched as most any powerful copyright holder.

rms 15y ago

:( Keep on fighting the good fight, aaronsw.

GHFigs 15y ago

Those new charges being: "...Breaking and Entering with Intent to Commit a Felony, Larceny over $250, and Unauthorized Access to a Computer Network..." http://www.wickedlocal.com/cambridge/news/x1655830732/Reddit-co-founder-indicted-in-connection-with-breaking-into-MIT-server-room#axzz1e0Ok1QTk http://www.wickedlocal.com/cambridge/news/x1655830732/Reddit... The earlier charges being: Wire Fraud, Computer Fraud, Unlawfully Obtaining Information from a Protected Computer, and Recklessly Damaging a Protected Computer. http://www.documentcloud.org/documents/217117-united-states-of-america-v-aaron-swartz http://www.documentcloud.org/documents/217117-united-states-...

feralchimp 15y ago

"He has apparently settled with JSTOR but not with U.S. prosecutors who indicted Swartz on charges of wire fraud, computer fraud, and unlawfully obtaining information from a protected computer." Everyone theoretically "harmed" by his downloading of the material (all of which was available for free through the MIT Guest wireless network, just at lower speed) has put the incident behind them, but the feds believe their mandate is to nail his ass to the wall. That's not the Academy's fault, and every free person should be pissed about it.

deleted 15y ago
[deleted]
goodweeds 15y ago
There are a ton of things that every free person should be pissed about, but they're all too busy watching fox news.
baddox 15y ago
To be fair, isn't that how criminal law generally works? Once you report a crime (or the authorities find out somehow), can't you still be prosecuted even if the victims say it's "no big deal"?
- deleted 15y ago
  [deleted]
- danso 15y ago
  Yes, though in reality, it doesnt happen often because it is difficult to build a case without the primary witness.
  - rufibarbatus 15y ago
    I may be misconstruing what you're saying (please correct me if I am), but I don't see how MIT's and JSTOR's dismissing of the case makes them any less "primary witness material", should the authorities decide to continue prosecuting.

101001011 15y ago

Who is representing him? Lessig?

wmf 15y ago
In the words of Michael Clayton, "you need a trial lawyer".
- aheilbut 15y ago
  Nesson?
- rdl 15y ago
  If I were him, I'd want Jennifer Granick on my team.
  - jimmyjim 15y ago
    Granick sold out a long time ago. She works for HBGary now. If I recall correctly the whole e-mail dump revealed her to be the backstabbing twit she is.
    - rdl 15y ago
      She is a lawyer. Her highest professional responsibility is to her clients. I don't consider a great lawyer who defends a murderer to have the same morals as the murderer, and without quality representation, justice can't be done. I have met her on many occasions and she has always been competent and helpful.
      - 101001011 15y ago
        Apologies for nitpicking, but actually as a lawyer her highest responsibility is to the court. Secondary to that is her obligation to her client. The reason for this should be self-evident.

gnat 15y ago

"My bet? Swartz is forcing the issue". My bet is that the Justice Department is still pissed at him for his role in liberating PACER (see http://gnat.me/sJAdUm http://gnat.me/sJAdUm). They'd been obstinately keeping judicial information under paywall lock and key, and were grumpy when he helped release that information (read the link for more). The FBI staked him out, and this set of indictments (where MIT and JSTOR have both made their peace with Swartz) reeks of vindictiveness. Anyone else, they'd have let it go by now.

feralchimp 15y ago
Exactly. Whenever law enforcement approaches a situation with a "we'll show HIM who's boss" chip on its shoulder, it's a recipe for disaster. It's a wonder they managed to nab him off his bicycle without shooting anyone's dog.
101001011 15y ago
From the little I know, my bet is it's Swartz's _methods_ that have gotten him in trouble, not so much what he's trying to do. Although there's something to do with streaming he was involved with and I don't know much about that. What's the story behind that? PACER I do know about, first hand. It is a low cost _public service_ that has historically operated at a surplus. I'm sure the goverment _wants_ the public to have better access to this information. This information is going to be free; it's inevitable. It just might take some time. But I read that Swartz went into a _federal court_ library and installed some stealth software; maybe it was just a simple script, doesn't matter. If that's true, that is just a really DUMB thing to do, no matter how noble the objective. Is that really the only place he could do the downloads? And as for this MIT incident, the facts speak for themselves. Most people have no idea what Python is. They have no idea how fast an http server can respond to requests. They don't understand the difference between open and closed data formats, or data that's easy to access versus data they have to click 25 times to get to. All they see is a kid sneaking around. Whether the charges he's facing are commensurate with the damage he's caused is another question. But he does need to show more respect for existing systems no matter how slow to change they may be (even if he has to pretend). He's definitely pushed the issue alright. I just hope for his sake and everyone else who knows their way around computers he hasn't pushed a little too far, too soon. If his methods are deliberately extreme, if he meant to do things this way, then he's either got some huge cajonas and unparalleled advisors behind him, or he's just young and stupid. Though I don't agree with the methods, I hope it's the former.

myhrvold 15y ago

Link appears broken as of now, FYI... (1:00 AM EST)

joelthelion 15y ago

Is this data downloadable somewhere?