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Petition the Whitehouse to remove Carmen Ortiz from office

801 points by olefoo 14y ago

cma 14y ago
For her misunderstanding of the word theft it nothing else
aw3c2 14y ago
Don't blindly get the torches and pitchforks to treat a symtome, find the root problem and try to change the copyright/science/education/access system at the core.
- cynest 14y ago
  Arguably it makes the system less effective by adding a disincentive to enforcing the law in that specific fashion. There's also the risk that, to paraphrase kurt vonnegut, the moral will be to not go after people with friends.
- greghinch 14y ago
  The fact is, there are real people involved in a specific set of events that contributed to the tragedy today. Those people are members of our government. Holding government officials accountable to the people for their actions is a fundamental tenet of the United States' constitution.
- mindslight 14y ago
  The academic publishing racket was but a catalyst. That a possibly-effective protest against the status quo will get you persecuted into oblivion is the meta issue. The system is set up to deflect and even feed upon endless amounts of verbal criticism. But step out of line and do something beyond mere talk, and you'll see how quick the cryptofascism shows itself from the government and even many of your "peers". (RIP Aaron - All progress depends on the unreasonable man.)
- raquo 14y ago
  Lack of accountability misaligns government officials' incentives. This is arguably a more important problem than copyright.
- w1ntermute 14y ago
  Some heads rolling could set things into motion. No doubt this Carmen Ortiz will find a cushy job in the private sector from the ones lobbying her to do this, if she's fired.
- jivatmanx 14y ago
  Don't unnecessarily abstract someone's actions in order to reduce their culpability. This is not an impressionable child. "Society" is not to blame.
- mbesto 14y ago
  What is the root of the problem? And more importantly, who do I trust to tell me what the root of the problem is.
- Nano2rad 14y ago
  JSTOR and friends ensured harsh charges are brought against him and then pretended they are not interested in prosecution.
aroberge 14y ago
Petition to make the required changes to the law, not to remove a human cog from the machine.
- ChrisWi 14y ago
  How about both? The cog is broken, as is the greater machine. Let's fix both. Is the ball already rolling on a petition to have these particular laws changed?
  - dyno12345 14y ago
    You can't petition the White House to change laws...
    - harshreality 14y ago
      Why not? Please think twice before giving the govt 101 separation of powers answer. I hope we all know that the President isn't a monarch.
- pan69 14y ago
  A petition like this will attract the right attention to the problem with the side effect of removing a bad apple from the basket.
danso 14y ago
Some more context about the prosecutor: She was named "Bostonian of the Year" for her successful cases against mob bosses and drug companies: http://www.mainjustice.com/2012/01/03/massachusetts-u-s-attorney-carmen-ortiz-is-bostonian-of-the-year/ http://www.mainjustice.com/2012/01/03/massachusetts-u-s-atto... Out of the 94 U.S. DA offices, her office alone collected ~67% of the total criminal and civil fines in 2012, mostly owing to the successful prosecution of drug companies. Her success led to speculation that she would run for higher office: http://www.mainjustice.com/2013/01/07/mass-u-s-attorney-carmen-ortiz-says-no-to-run-for-higher-office/ http://www.mainjustice.com/2013/01/07/mass-u-s-attorney-carm... She is no stranger to being part of a disenfranchised group, as she was the first Hispanic and first woman to hold the position of U.S. attorney in Boston. Her first internship was with the DOJ's public integrity unit, created after Watergate: http://www.boston.com/news/local/massachusetts/articles/2011/12/30/bostonian_of_the_year_carmen_ortiz_2011/ http://www.boston.com/news/local/massachusetts/articles/2011... She's not of the "evil prosecutor" mold as is commonly thought and her background, particularly her history of fighting white-collar crime and corporations, doesn't strike me as someone who is intent on screwing the little guy over. That said, the seemingly-excessive charges could stem from a result of misconception and, let's face it, technological ignorance (hacking sounds bad, period). But in solving the overall problem in the justice system, let's not attribute to malice what can be attributed to other issues just yet. -- One edit: a link to a piece by Aaron on yelling at the machine, rather than the person: http://www.aaronsw.com/weblog/nummi http://www.aaronsw.com/weblog/nummi My intent is not to say that the petition is wrong, but to argue that if people are going to call for action, call it for the right and productive reasons, rather than simplifying cause and effect to just one main person (even if the buck technically stops with her).
- jarcoal 14y ago
  Thanks for posting this. The rest of this thread is ready to throw someone under the bus that they know nothing about.
  - dantheman 14y ago
    It doesn't matter what else she's done, we are judging her only by her actions in regards to this case.
voidlogic 14y ago
Interesting Read: "Bostonian of the Year: Carmen Ortiz" http://www.boston.com/news/local/massachusetts/articles/2011/12/30/bostonian_of_the_year_carmen_ortiz_2011/ http://www.boston.com/news/local/massachusetts/articles/2011...
- nullc 14y ago
  Read along side: http://thephoenix.com/Boston/news/141253-15th-annual-muzzle-awards/?page=2#TOPCONTENT http://thephoenix.com/Boston/news/141253-15th-annual-muzzle-...
- INTPenis 14y ago
  Also interesting is that she's apparently a nymphomaniac who believes her "tit-job" is the best. http://gta.wikia.com/Carmen_Ortiz http://gta.wikia.com/Carmen_Ortiz
lmkg 14y ago
While Cameron Ortiz' actions towards Aaron Swartz were unjust, I think that she is receiving an unduly large share of the ire, and as a result, several other agents and factors in this scenario are receiving an unduly small share. While I don't particularly want to defend her, I believe that a) justice is never served well by a lynch mob b) other actors are more deserving of blame, and by focusing on Ortiz we give them a get-out-of-jail-free card that involves throwing her under the bus. Ortiz was prosecuting Aaron for actions that are, in fact, crimes, as defined by US law. That's her job, that's her responsibility, and 95+% of the time she is serving the public interest by performing that task. Creating just laws is not her responsibility, it is someone else's. Specifically, it is Congress' responsibility, and they fucked up big-time. They deserve dragging over the coals as much as she does, as do the interests interests who benefit from restricted access to knowledge who lobbied for the creation of these laws. If our reaction to these events is to remove Ortiz, but leave in place the laws themselves and those responsible for their creation, I would call that a failure on our part to hold responsible those who are responsible. ---- Intentionally separating this part. While I do think that Ortiz is in the wrong for using bullying tactics, I do not place much blame on her for prosecuting according to an unjust law. For better or worse, that (fucking terrible) law was enacted by a democratically-elected government. I expect her to prosecute based on the laws enacted by a fair democratic process, and not based on her personal views. To do otherwise, I would consider an abuse of power. She had faith that the laws given to her to uphold were just. In this respect, she was let down by those she depended on. While I wish she had not chosen to prosecute, I do not consider it a failing of hers that she did so. I pile far more blame on Congress than anyone, because it was their responsibility to make sure that the laws are just and fair. While several parties acted in a fashion I disagree with, they are the ones who had the greatest expectation to do otherwise. Again, that is entirely separate from the bullying tactics she used in prosecution. Those actions are not defensible.
- btilly 14y ago
  The truth is that every prosecutor faces too many possible cases to actually pursue, and so has to choose which ones to focus on. A prosecutor may try to be neutral, but the basic act of triage forces you to show your biases. In this case Aaron stuck a laptop in an unlocked closet, used curl to download lots of links, and did absolutely nothing to hide his tracks because he did not think he was doing anything wrong. She looked at the facts, and decided to press forward with charges regardless when she had more important things she could have focused on instead, and when the company whose documents were "stolen" (and never distributed) wanted to drop charges. Why?
btilly 14y ago
This is such an obvious move that I signed, and shared on social media at https://plus.google.com/114613808538621741268/posts/E3wWNB2sgej https://plus.google.com/114613808538621741268/posts/E3wWNB2s... and on FB. (Ironically my previous post was a request for people not to share so many political links.)
pliu 14y ago
Quinn Norton: "It wasn't Carmen Ortiz that hounded Aaron to death, it was Steve Heymann. And the system that helped him do it: that was all of us." https://twitter.com/quinnnorton/status/290204205124304896 https://twitter.com/quinnnorton/status/290204205124304896 And Tim Carmody: "FWIW, Carmen Ortiz just runs the US Attorney's office in MA. Stephen Heymann is the Assistant US Attorney going hard after Aaron Swartz." https://twitter.com/tcarmody/status/290192055488094209 https://twitter.com/tcarmody/status/290192055488094209
- creamyhorror 14y ago
  More info: Aaron wasn’t so lucky with the JSTOR matter. The case was picked up by Assistant U.S. Attorney Steve Heymann in Boston, the cybercrime prosecutor who won a record 20-year prison stretch for TJX hacker Albert Gonzalez. Heymann indicted Aaron on 13 counts of wire fraud, computer intrusion and reckless damage. -- Wired, http://www.wired.com/threatlevel/2013/01/aaron-swartz/ http://www.wired.com/threatlevel/2013/01/aaron-swartz/ In the area of computer crime, Mr. Heymann: - Jointly brought the first federal prosecution of a juvenile computer hacker, who had electronically disabled a critical computer servicing the control tower of a regional airport. - Supervised the prosecution of the first software pirate to be charged with free distribution of copyrighted software over the Internet. -- http://cyber.law.harvard.edu/digitaldiscovery/biosfc.htm http://cyber.law.harvard.edu/digitaldiscovery/biosfc.htm Not that much public info available on the guy.
- erichocean 14y ago
  Carmen Ortiz was the person in charge of either (a) not employing people like Stephen Heymann, or (b) overseeing their activities better. Of course, Stephen Heymann should also bear the blame. But we don't help society when we refuse to find those in charge responsible for the things they actually are responsible for.
  - erichocean 14y ago
    BTW, here's her position on the case (via the NYT)[1]: Carmen M. Ortiz, a United States attorney, pressed on, saying that “stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data or dollars.” i.e. she was in full support of the trial against Aaron. [1] http://www.nytimes.com/2013/01/13/technology/aaron-swartz-internet-activist-dies-at-26.html?_r=0 http://www.nytimes.com/2013/01/13/technology/aaron-swartz-in...
rmc 14y ago
Be careful. One does not really want to send the message to people contemplating suicide that if they complete the suicide that their 'enemies' will loose their job. Suicide is a terrible short term solution. There are better solutions.
overgard 14y ago
To the people suggesting pinning the blame on a person is ignoring the systemic issues, let me point out this: you can do both. We can both recognize that the system is broken while still recognizing that we need to make it plainly obvious how disappointed we are in the people running it. Making a petition isn't a lynch mob. These people are public servants, and ostensibly serve at the pleasure of the public. So when tragedies like this happen we need to make it extremely clear how displeased we are.
- wissler 14y ago
  Indeed. Yes, the system is what it is, but prosecutors have huge discretion over who they attack. "The system" is just a machine, like a gun, and she picked that gun up, aimed it at Aaron, and pulled the trigger.
- deleted 14y ago
  [deleted]
- wpietri 14y ago
  Yes. I'm perfectly happy to hate the player and the game.
vertr 14y ago
I feel like this petition could have been written so much more persuasively. Regardless, I signed.
philwelch 14y ago
Where's the petition to require free publication and distribution of federally funded academic research? That was the point of that particular exercise in civil disobedience in the first place. What a disappointment--it's like firing a cop for putting Martin Luther King in jail without ever addressing racism.
- matthewrobertso 14y ago
  No, it's like firing a US district attorney for deciding to put Martin Luther King in jail. And you can do more than one action.
  - philwelch 14y ago
    It serves no one to make a single prosecutor the scapegoat for a whole system and a whole set of bad laws that need to be changed. There are a thousand prosecutors who are no better just waiting to take that job. We're going after Ortiz because we think it will satisfy our outrage and grief. That is exactly what I am worried about. I understand wanting to put a face on a tragedy like this, but we should be smarter than this.
    - matthewrobertso 14y ago
      >It serves no one to make a single prosecutor the scapegoat for a whole system and a whole set of bad laws that need to be changed. It sends a message that we are not satisfied with the way she ran her office. >There are a thousand prosecutors who are no better just waiting to take that job. Then they better learn from Ortiz's failure or be removed by the same process. Eventually someone will figure out that this kind of behavior is not acceptable. >We're going after Ortiz because we think it will satisfy our outrage and grief. No, I'm upset with Ortiz because this should not have happened. Absolutely no legitimate reason for them to pursue this if JSTOR has no problem.
      - philwelch 14y ago
        If you're removing anyone, remove Holder. Ortiz is just a fall guy. The entire DOJ is run this way, that's why Ortiz got the job in the first place. If Ortiz gets the sack, it will be as apologetically as possible, and her successor will be instructed to do the same damn things if not worse. If the Feds think our outrage will be satisfied by sacrificing one prosecutor, that's all they will do, and they will do it gladly, and that will be the end of that. They will sacrifice their pawn and checkmate us.
mangler 14y ago
Of course, I assume nobody wants Ms. Ortiz to spin into deep guilt-driven depression for doing what she believed was right. This kind of emotional blackmail is probably not helping anyone or anything, at least not this soon after the events when emotions are still looming high and, more importantly, nobody actually understands the exact circumstances of a person's... well... personal predicament that lead to certain actions....
- Turing_Machine 14y ago
  Your evidence that she was doing "what she believed was right" rather than "what she believed would enhance her career" would be?
alan_cx 14y ago
I'm no expert on the US way of things, but wasn't this prosecutor just doing her job according to the law, or as directed by government policy? She not a vigilante, or is that effectively the case in the US? Surely you guys need to got after the law or government in some way, not harass this woman who was doing what she was paid to do. Ok, so you win, she gets fired. Another will simply replace her. You need to get the laws sorted out. Get the laws changed. Or get laws to protect people. Do it in his name. I cant think of a better legacy. (Well, unless I am completely and utterly wrong about how US law stuff works. In which case, I hold up my ignorant hands)
- bcoates 14y ago
  US Federal prosecutors are pretty much Judge Dredd. The law gives them broad discretion and wide political independence; so much so that the broad and vague on-paper criminal law is irrelevant in practice. 95% of cases end in a plea bargain and federal juries have a conviction rate in the 80s. http://law.wlu.edu/deptimages/Law%20Review/67-4Podgor.pdf http://law.wlu.edu/deptimages/Law%20Review/67-4Podgor.pdf
Tharkun 14y ago
I agree with the sentiment. I understand the anger and powerlessness. However, we should all take a moment before posting poorly-written petitions and signing them. Decisions made in anger rarely accomplish much. This person made errors in judgement. Maybe they came from her poor understanding of technology, maybe not. But what's clear is that the petition author has equally limited understanding of legal matters. Don't do what she did. Be the better person. Go about this the proper way. If you truly feel that she did something wrong, then consult with a lawyer and decide what can be done. Maybe legal action can be taken to have her sanctioned. Maybe she can be educated. I don't know. And neither do you. So instead of -- essentially -- calling for her to be hanged, go about this the proper way.
Kylekramer 14y ago
Attacking a person's perceived "enemies" post tragedy is a terrible idea sending the wrong message to those with suicidal thoughts.
NathanKP 14y ago
Rather than forming a lynch mob against the prosecutor let's consider working on a petition more along the lines of this one: "Posthumously Pardon Aaron Swartz" https://petitions.whitehouse.gov/petition/posthumously-pardon-aaron-swartz/DVpdmSBj https://petitions.whitehouse.gov/petition/posthumously-pardo...
justiceforaaron 14y ago
This destructive person needs to be removed from office. Her illegal prosecution and harassment of Aaron Swartz is disgusting. She and the goons at the Justice Department bear the guilt for his demise. Despite this, his memory and mission live on.
rprasad 14y ago
Zero percent chance of this happening: - She did her job, which is to enforce the laws as they are written. - She is very good at doing that job. - You will not get her fired on the basis of enforcing a law on the books where the law has not been found unconstitutional nor even had its constitutionality seriously questioned. You want a petition that might have some value? Petition the white house to change the laws or to direct the DOJ not to enforce the law. Until either of those happens, federal prosecutors are ethically bound to continue prosecuting these cases.
- alexqgb 14y ago
  None of this has any bearing on the pre-trial tactics that are being used with increasing abandon by the DOJ. Specifically, they seek to prevent defendants from having their day in court by making any defence ruinously expensive. An even nastier version of this tactic involves freezing a defendent's assets, making the retention of competent representation a fiscal impossibility. Having effectivly stripped a target of their Constitutionally guaranteed right to a fair and open trial, they credibly threaten their victims with insanely onerous penalties that can be avoided only by accepting plea bargains that involve consent to charges that may well be baseless. In other words, they've successfully undermined one of the nation's key checks on abuse of government power. From what's emerged today, it's clear that the case against Aaron was weak at best, and highly unlikely to lead to conviction in open court against capable defenders. "Bullying" is an understatement. What's going on is an outright assault on the very core of restrained government. Whether this power is being used for good or ill is besides the point. Like extrajudicial killings, the power itself has been placed outside prosecutor's reach for a reason. They have taken it anyway, and they've done so because no impedement has been there to stop them. At the same time, they've depended in security through obscurity. A general lack of awareness as to how abusive and out of control they've become has enabled the rot we're seeing now. In this case, we see the importance of open access to jury trials in that they prevent the government from harming its own legitimacy. Given how unrestrained the DOJ has become, it was only a matter of time before they suffered a high-profile screwup. And while Ortiz may simply have been the one unlucky enough to own it, she is very much a part of the problem. Unlike Aaron, she is not an unfortunate innocent caught in the wrong time at the wrong place. To the contrary, she is the fox sneaking into the henhouse on the night that a new watchdog is sleeping beneath it.
deleted 14y ago
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olefoo 14y ago
The petition has already reached 1,000 signers. 1/25th of the number needed to expect a response.
ballard 14y ago
Petitions are participation theater. Call your representative and demand action instead. http://www.usa.gov/Contact/Elected.shtml http://www.usa.gov/Contact/Elected.shtml
rowanwernham 14y ago
If anyone should go down first its Steve Heymann who also led up the ridiculous 40 year sentence against soupnazi. from wired: 'The FBI investigated that hack, but in the end no charges were filed. Aaron wasn’t so lucky with the JSTOR matter. The case was picked up by Assistant U.S. Attorney Steve Heymann in Boston, the cybercrime prosecutor who won a record 20-year prison stretch for TJX hacker Albert Gonzalez. Heymann indicted Aaron on 13 counts of wire fraud, computer intrusion and reckless damage. The case has been wending through pre-trial motions for 18 months, and was set for jury trial on April 1.' http://www.wired.com/threatlevel/2013/01/aaron-swartz/ http://www.wired.com/threatlevel/2013/01/aaron-swartz/ And re: soupnazi, throwing a hacker (even a hacker who was actually criminal) in with violent offenders because he pissed off the wrong people is fucked: "After his sentencing, Gonzalez was transferred from Wyatt to the Metropolitan Detention Center in Brooklyn (before ultimately ending up in a prison in Michigan). Situated between a loud stretch of the Brooklyn-Queens Expressway and Gowanus Bay, M.D.C. is brutal, even for a prison. Populated by hardened offenders, it is among the last places a nonviolent government informant would want to be. “The place is terrible,” Agent Michael said. “But you know what? When you burn both ends of the candle, that’s what you get.” Even Gonzalez was impressed by the government’s indifference to his comfort. He says he always knew it would stick it to him somehow, “but I never thought it would be this badly.”" http://www.nytimes.com/2010/11/14/magazine/14Hacker-t.html?pagewanted=all&_r=0 http://www.nytimes.com/2010/11/14/magazine/14Hacker-t.html?p...
baycyd 14y ago
Another U.S. Attorney out of control. Eric Holder needs to have a serious come to constitutionality talk with all the U.S. attorneys, after he gets rid of this one.
tuananh 14y ago
This isn't right. She probably were just doing her job. Someone dies doesn't make what he/she is doing absolutely right and others' wrong. Don't let the condolences for Aaron clouds your judgment.
glazier 14y ago
Another example of our "betters" knowing what's best for us. What a shame this brilliant young mans life is over because Carmen wants to be governor. Sickening.
joslin01 14y ago
I don't understand the apologists' response to this. "She's just doing her job" "She was only acting in what she believed to be right" "She's just good at her job." Do I have to remind everyone here that we're actually just humans living amongst one another and the overarching rule of thumb is: Do No Harm? Seriously. When it's someone in the private sector doing wrong, everyone wants to come out and demonize the person, but as soon as it's a person in the public office, it's as if we immediately start finding excuses for them. Wake up. Someone's life was demolished because it seemed like a good case to pick up. "Stealing is illegal," she said. Well ok, so is marijuana possession, jay-walking, and smoking inside restaurants. I'm not too sure I can get behind any of these _morally_. Victimless crimes don't need a federal prosecutor coming in and slamming 30+ years at a person. It's just not right. Like many others here, I want to know why she chose this case. Aaron single-handedly put an end to SOPA by gathering huge amounts of support. Imagine if he could have went on? Imagine the impact he could have made on this world? Does the government fear this? Does silencing him just as they are doing the Wikileaks founder ensure their own sick agenda? Before we rush to Carmen Ortiz's defense, why don't we ask these questions, yea? Because it's not like we can't find another federal prosecutor -- perhaps one who has more moral integrity than to sentence a 26 yr old GENIUS to a life in prison.
decius 14y ago
I signed this petition. It is the first Whitehouse petition I've ever signed. I think its an oversimplification to rest all of the blame for Swartz's death on his prosecutor. However, unnecessary, overzealous prosecution is wrong, and it has consequences - things like this are going to happen when you push people to the edge just because you can. If this petition receives enough signatures it will force the White House to consider the issue. I do not expect them to remove Carmen Ortiz, but I do expect them to address the reality of overzealous prosecution. It is worth taking a few seconds to ask them to do that.
res0nat0r 14y ago
I see the Internet lynch mob in full effect today with this. I would love to know the percentage of people signing this who only have read a couple HN articles for the first time today about this person and have no more than a passing knowledge of Ortizs' career than a Wikipedia summary.
Elle4 14y ago
I found on the Internet that Steven P Heymann was honored at an awards ceremony by Eric Holder. Prior to the year 2010, there's not that much on Heymann from a cursory search. But he was moving up by busting cybercrime in concert with Secret Service Agents and FBI. The power-boys club. And certainly enjoying it. I found evidence of intent to misrepresent Aaron Swartz when they referenced him as "not attending MIT but enrolled in an unrelated Boston college." They deliberately concealed the fact that Aaron was at Harvard, to make sure that he was not viewed in any way favorably in this report of their indictment. I read the indictment and it makes every minor step into a hyped depiction of criminality. That is a legal tactic and technique, designed to persuade towards the impression of guilt. Strategies are a collaborative effort in law enforcement. While I do not know much about these LE agents, I do know that they intended to destroy him, exploit his history of depression (which was common knowledge and surely part of a file work-up) and put him in Federal prison at age 26 and not able to be released until he was 76 years old. As I stated elsewhere, in many states, murders and pedophiles do not face that scope of incarceration. This was more of a targeting than a criminal prosecution. They has just come off a highly awarded prosecution and unfortunately Aaron was next in line for them to reap more awards in a ceremony. I am so sad this young man was overwhelmed by the horror of the circumstances. I hope there is ultimately a WIKI each for Steven P. Heymann and his Director, Carmen Ortiz, so that their impact on the life of Aaron Swartz in the name of "justice" stands as the award they get from the public. In effect. Aaron Swartz was given the death penalty for being a freedom fighter. His love of freedom was expressed in radical creativity and breaking down artificial barriers. Who could have known the draconeon measures that were awaiting him?
- saveournation 14y ago
  This is not the first time US Attorney Carmen Ortiz has wronged innocent American Citizens. I read on the Internet a case of an Innocent Federal Employee who worked for US Customs in Boston his EEOC case was tarnished as Prosecutors in Boston concealed from the Federal Judge the Employees Right-to-Sue which is a Civil Rights Case under Tile VII of the US Civil Rights Act of 1964. Carmen Ortiz failed to see that an innocent family has been damaged by an OVERREACHING PROSECUTION who hide Civil Rights documents from a Federal Judge. USA Ortiz has done this to innocent Americans to get a Political Stand.
deleted 14y ago
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evarea 14y ago
13 Felony counts? I can only express outrage and spew vitriol towards U.S. Attorney Carmen Ortiz. She so desperately wants to put her name out front hoping to win the next Governor's election and she did just that, but unfortunately, at the expense of beloved Aaron Swartz's life. MIT & JSTOR refused to press charges; potentially, misdemeanors for downloading documents for free public access & possibly violating a TOC. But Scott Garland, the other prosecutor (lap doggy), and Carmen Ortiz pursued Aaron by digging deep into their own interpretation of the law to manufacture new and more serious charges against him. Carmen Ortiz and her minions continued to badger Swartz by harassing this brilliant & heroic young man until his death by suicide. The government should have hired him rather than make him a criminal. I wonder which murderer, child abuser or rapist the DOJ planned to spring from the overcrowded prison to make room for an open-source activist. This is just so wrong on many levels! May you R.I.P. Aaron Swartz.
evarea 14y ago
13 Felony counts? I can only express outrage and spew vitriol towards U.S. Attorney Carmen Ortiz. She so desperately wants to put her name out front hoping to win the next Governor's election and she did just that, but unfortunately, at the expense of beloved Aaron Swartz's life. MIT & JSTOR refused to press charges; potentially, misdemeanors for downloading documents for free public access & possibly violating a TOC. But Scott Garland, the other prosecutor (lap doggy), and Carmen Ortiz pursued Aaron by digging deep into their own interpretation of the law to manufacture new and more serious charges against him. Carmen Ortiz and her minions continued to badger Swartz by harassing this brilliant & heroic young man until his death by suicide. The government should have hired him rather than make him a criminal. I wonder which murderer, child abuser or rapist the DOJ planned to spring from the overcrowded prison to make room for an open-source activist. This is just so wrong on many levels! May you R.I.P. Aaron Swartz.
lesliestahlhut 14y ago
Carmen Ortiz has set back this country's ability to compete in the global marketplace by relentless pursuing one of the great innovator and job creators to the point that he took his own life. She has not served her country, she has harmed it, and you have a duty to remove her from office so that she does not ruin more lives. Her pursuit of this case shows that she has no understanding of the the roll technology and information play in the transformation of our economy, and it also shows that she lacks compassion. The world will feel the loss of Aaron Swartz for many years as his talent was not easily replaced. If you fire Carmen Ortiz tomorrow, I can assure you, she will not be missed. Someone who is this abusive as a prosecutor is probably equally abusive as a supervisor. From now until her term as prosecutor ends, I will get up every morning and ask myself: "What have I done to help get Carmen Ortiz removed from office today?"
BrianPaone 14y ago
Signed. It'll hit 25k before the day's out, I bet. But it needs to hit 311 million.
- Caballera 14y ago
  Not sure if it's just me, but when I checked the petition about an hour ago, when I woke up, there were just over 20K signers, now I check and the number has gone down to 19,879.
  - Caballera 14y ago
    Nevermind, i see i was reading the wrong side of the numbers.
  - jmaygarden 14y ago
    The same thing must have happened to me. I was just coming here to see if anyone commented on the count decreasing.
neverminder 14y ago
I only new Aaron from what I occasionally read online, however his death saddens me and the reason of his death makes my blood boil. This is a wake up call for us all to act, this is the least we can do. I am a member of a few secluded communities and I will personally see to bringing as many signatures as I can to this petition and the one to Posthumously Pardon Aaron Swartz.
radioactivejen 14y ago
isn't what Mme. Ortiz did (over-reaching prosecution) a form of stealing also...? What do you call a supposed "good guy" who breaks the law?
radioactivejen 14y ago
Another example of a rogue prosecutor ignoring the rights of Victims to further their own careers. THIS MUST STOP!
ojr 14y ago
A 30 year sentence would not be the end of his life, he would have went to a low level prison and probably have been release early on parole, it didnt have to end like this but he was too troubled, very sad
rameshba 14y ago
She must be fired for this prosecutorial overreach. Now.
murfmv 14y ago
Disgraceful for what you have done to Aaron Swartz
msbpodcast 14y ago
The zeal with which Carmen Ortiz showed in prosecuting the case against Aaron Swartz shows a criminal lack of discernment on the prosecutor's part which directly led to Mr. Swartz death. The prosecutor should be removed as judgement (or lack thereof) has resulted in a tragic miscarriage of justice for the defendant. The defendant was not a hardened criminal, but he was treated as if he was. The case involved no violence, breaking in, no drugs, no profit. The employing of such heavy-handed techniques that the defendant would prefer to end his life rather than face whatever punishment the prosecutor was proffering was entirely inappropriate. The crime was one of accessing JSTORs files which, since the files are locked behind a paywall, contain information which JSTOR was NOT involved in creating, the legality of JSTOR ownership is questionable. This is a case of prosecutorial over-reach. Carmen Ortiz is incompetent at best or malevolent at worst. Let such individuals find employment in other professions where discernement or judgement are not required.
ThinkAboutIt 14y ago
All of you who want to minimize what Aaron Schwartz did and lead a pitchfork mob against a prosecutor are misguided little spinsters. Lest you forget that he was caught on security cameras breaking into the a server room with a bike helmet covering his face. He knew he was breaking the law. He was caught. The heroic part of his action was the very fact that he knew he was breaking the law and still did it in the name of free access to knowledge. Anybody who says that he killed himself because of prosecutorial overreach it taking away from the significance of his action. No, he was being prosecuted because he committed a crime. He committed a crime because he did not agree with the law. The problem is the law, not the person enforcing the law. And if any of you had the capability to have an independent thought not shaped by emotion or group-think you would realize this.
hideouse 14y ago
Anyone who chooses to prosecute someone over technical issues ought to educate themselves about that technology. Fire her. Better yet, try her for misuse of her authority, abuseof her authority and incompetence.
Phidias 14y ago
Her draconian bullying of Aaron Swartz led to his death. He positive contributions to the world vastly outweigh hers. Her actions are morally unacceptable. Her actions are unworthy of America and the State of Massachusetts. She is a monument to the suppression of freedom. She is a monster. She must step down or be fired.
jbrun 14y ago
Javert
ontogram 14y ago
Schwarz downloaded documents illegally and should have been charged, but he is not the conspirator and traitor she made him out to be. In no case, should he have faced a possible 35 years in jail. Ortiz, not Aaron, is an affront to liberalism and decency and does not deserve high office in this land.
scorpion032 14y ago
I am naive about this case. If one particular prosecutor had it so badly against him, could he not appeal at the higher level after this decision?
pvaldes 14y ago
This seems a relatively common modus operandi. The history reminds me a lot to the Nancy Black case. http://www.nancyblacklegaldefense.org/ http://www.nancyblacklegaldefense.org/
jerryhuang100 14y ago
Ortiz and Heymann are just Pharisees for strict observance, bullying and abusing of the written law with a huge disconnect with the society and technology.
walawala 14y ago
Carmen Ortiz has blood on her hands for causing the death of Aaron Swartz.
kumar123456 14y ago
She Doent understand what internet means and the difference between conventional "stealing" "Robbing" to material download in which the the "Original Material" is still with JSTOR and a case can not be made out as he did not get any benefit out of his steal. Sadly, the World Lost an Intelligent Guy becuase of some Ruthless people and infact,Life of those Ruthless we should investigate and find they are Clean and able to prosecute as their job says.
ssratoga02128 14y ago
It's unfortunate that DA offices didn't attempted to prosecute those that have contributed to the tanking of the economy but I suppose it's alot easier to go after those that do not have a army of attorneys and probably do not regularly put down cold hard cash in elections.
simion 14y ago
She needs to be removed. There was no proportionality to he actions.
Dinamicor 14y ago
Carmen Ortiz should not only be fired; she should be prosecuted for negligence and wrongdoing on pursuing a non-proportional sentence. Specially, when it is well known that she didn´t do anything to prosecute the banksters of the 2007-2009 crises. Loos like Ortiz considers justice is better served prosecuting a young genius committing a “misdemeanor” compared to the banker’s assault to its client’s funds and trust.
lanthony 14y ago
The Obama administration is a failure and continues to increase the deficit of democracy. At least if you will not prosecute your owners on Wallstreet at least let tiny evidence show that you can act like you are not a fool. If the true global public could be the judge than you would be recognized as a terrorist
Claro 14y ago
Original Stephen Heymann DOX was taken down by Pastebin (why would they do that?). SO here's another, albeit less info... http://pastebin.com/WvY5RnjV http://pastebin.com/WvY5RnjV
asfwt62 14y ago
THere are rapist and murderers that get smaller sentences than Aaron Swartz. Priorities are screwed up Ms. Ortiz.
mbloom1915 14y ago
the petition now needs 100k signatures, sign it here: https://petitions.whitehouse.gov/petition/remove-united-states-district-attorney-carmen-ortiz-office-overreach-case-aaron-swartz/RQNrG1Ck https://petitions.whitehouse.gov/petition/remove-united-stat...
nycterrierist 14y ago
Carmen Ortiz should be disbarred.
yasure 14y ago
Same miserable b!7ch who was reponsible for this: http://ij.org/massachusetts-civil-forfeiture-release-1-24-2013 http://ij.org/massachusetts-civil-forfeiture-release-1-24-20... Get rid of her.

801 points by olefoo 14y ago

cma 14y ago

For her misunderstanding of the word theft it nothing else

aw3c2 14y ago

Don't blindly get the torches and pitchforks to treat a symtome, find the root problem and try to change the copyright/science/education/access system at the core.

cynest 14y ago
Arguably it makes the system less effective by adding a disincentive to enforcing the law in that specific fashion. There's also the risk that, to paraphrase kurt vonnegut, the moral will be to not go after people with friends.
greghinch 14y ago
The fact is, there are real people involved in a specific set of events that contributed to the tragedy today. Those people are members of our government. Holding government officials accountable to the people for their actions is a fundamental tenet of the United States' constitution.
mindslight 14y ago
The academic publishing racket was but a catalyst. That a possibly-effective protest against the status quo will get you persecuted into oblivion is the meta issue. The system is set up to deflect and even feed upon endless amounts of verbal criticism. But step out of line and do something beyond mere talk, and you'll see how quick the cryptofascism shows itself from the government and even many of your "peers". (RIP Aaron - All progress depends on the unreasonable man.)
raquo 14y ago
Lack of accountability misaligns government officials' incentives. This is arguably a more important problem than copyright.
w1ntermute 14y ago
Some heads rolling could set things into motion. No doubt this Carmen Ortiz will find a cushy job in the private sector from the ones lobbying her to do this, if she's fired.
jivatmanx 14y ago
Don't unnecessarily abstract someone's actions in order to reduce their culpability. This is not an impressionable child. "Society" is not to blame.
mbesto 14y ago
What is the root of the problem? And more importantly, who do I trust to tell me what the root of the problem is.
Nano2rad 14y ago
JSTOR and friends ensured harsh charges are brought against him and then pretended they are not interested in prosecution.

aroberge 14y ago

Petition to make the required changes to the law, not to remove a human cog from the machine.

ChrisWi 14y ago
How about both? The cog is broken, as is the greater machine. Let's fix both. Is the ball already rolling on a petition to have these particular laws changed?
- dyno12345 14y ago
  You can't petition the White House to change laws...
  - harshreality 14y ago
    Why not? Please think twice before giving the govt 101 separation of powers answer. I hope we all know that the President isn't a monarch.
pan69 14y ago
A petition like this will attract the right attention to the problem with the side effect of removing a bad apple from the basket.

danso 14y ago

Some more context about the prosecutor: She was named "Bostonian of the Year" for her successful cases against mob bosses and drug companies: http://www.mainjustice.com/2012/01/03/massachusetts-u-s-attorney-carmen-ortiz-is-bostonian-of-the-year/ http://www.mainjustice.com/2012/01/03/massachusetts-u-s-atto... Out of the 94 U.S. DA offices, her office alone collected ~67% of the total criminal and civil fines in 2012, mostly owing to the successful prosecution of drug companies. Her success led to speculation that she would run for higher office: http://www.mainjustice.com/2013/01/07/mass-u-s-attorney-carmen-ortiz-says-no-to-run-for-higher-office/ http://www.mainjustice.com/2013/01/07/mass-u-s-attorney-carm... She is no stranger to being part of a disenfranchised group, as she was the first Hispanic and first woman to hold the position of U.S. attorney in Boston. Her first internship was with the DOJ's public integrity unit, created after Watergate: http://www.boston.com/news/local/massachusetts/articles/2011/12/30/bostonian_of_the_year_carmen_ortiz_2011/ http://www.boston.com/news/local/massachusetts/articles/2011... She's not of the "evil prosecutor" mold as is commonly thought and her background, particularly her history of fighting white-collar crime and corporations, doesn't strike me as someone who is intent on screwing the little guy over. That said, the seemingly-excessive charges could stem from a result of misconception and, let's face it, technological ignorance (hacking sounds bad, period). But in solving the overall problem in the justice system, let's not attribute to malice what can be attributed to other issues just yet. -- One edit: a link to a piece by Aaron on yelling at the machine, rather than the person: http://www.aaronsw.com/weblog/nummi http://www.aaronsw.com/weblog/nummi My intent is not to say that the petition is wrong, but to argue that if people are going to call for action, call it for the right and productive reasons, rather than simplifying cause and effect to just one main person (even if the buck technically stops with her).

jarcoal 14y ago
Thanks for posting this. The rest of this thread is ready to throw someone under the bus that they know nothing about.
- dantheman 14y ago
  It doesn't matter what else she's done, we are judging her only by her actions in regards to this case.

voidlogic 14y ago

Interesting Read: "Bostonian of the Year: Carmen Ortiz" http://www.boston.com/news/local/massachusetts/articles/2011/12/30/bostonian_of_the_year_carmen_ortiz_2011/ http://www.boston.com/news/local/massachusetts/articles/2011...

nullc 14y ago
Read along side: http://thephoenix.com/Boston/news/141253-15th-annual-muzzle-awards/?page=2#TOPCONTENT http://thephoenix.com/Boston/news/141253-15th-annual-muzzle-...
INTPenis 14y ago
Also interesting is that she's apparently a nymphomaniac who believes her "tit-job" is the best. http://gta.wikia.com/Carmen_Ortiz http://gta.wikia.com/Carmen_Ortiz

lmkg 14y ago

While Cameron Ortiz' actions towards Aaron Swartz were unjust, I think that she is receiving an unduly large share of the ire, and as a result, several other agents and factors in this scenario are receiving an unduly small share. While I don't particularly want to defend her, I believe that a) justice is never served well by a lynch mob b) other actors are more deserving of blame, and by focusing on Ortiz we give them a get-out-of-jail-free card that involves throwing her under the bus. Ortiz was prosecuting Aaron for actions that are, in fact, crimes, as defined by US law. That's her job, that's her responsibility, and 95+% of the time she is serving the public interest by performing that task. Creating just laws is not her responsibility, it is someone else's. Specifically, it is Congress' responsibility, and they fucked up big-time. They deserve dragging over the coals as much as she does, as do the interests interests who benefit from restricted access to knowledge who lobbied for the creation of these laws. If our reaction to these events is to remove Ortiz, but leave in place the laws themselves and those responsible for their creation, I would call that a failure on our part to hold responsible those who are responsible. ---- Intentionally separating this part. While I do think that Ortiz is in the wrong for using bullying tactics, I do not place much blame on her for prosecuting according to an unjust law. For better or worse, that (fucking terrible) law was enacted by a democratically-elected government. I expect her to prosecute based on the laws enacted by a fair democratic process, and not based on her personal views. To do otherwise, I would consider an abuse of power. She had faith that the laws given to her to uphold were just. In this respect, she was let down by those she depended on. While I wish she had not chosen to prosecute, I do not consider it a failing of hers that she did so. I pile far more blame on Congress than anyone, because it was their responsibility to make sure that the laws are just and fair. While several parties acted in a fashion I disagree with, they are the ones who had the greatest expectation to do otherwise. Again, that is entirely separate from the bullying tactics she used in prosecution. Those actions are not defensible.

btilly 14y ago
The truth is that every prosecutor faces too many possible cases to actually pursue, and so has to choose which ones to focus on. A prosecutor may try to be neutral, but the basic act of triage forces you to show your biases. In this case Aaron stuck a laptop in an unlocked closet, used curl to download lots of links, and did absolutely nothing to hide his tracks because he did not think he was doing anything wrong. She looked at the facts, and decided to press forward with charges regardless when she had more important things she could have focused on instead, and when the company whose documents were "stolen" (and never distributed) wanted to drop charges. Why?

btilly 14y ago

This is such an obvious move that I signed, and shared on social media at https://plus.google.com/114613808538621741268/posts/E3wWNB2sgej https://plus.google.com/114613808538621741268/posts/E3wWNB2s... and on FB. (Ironically my previous post was a request for people not to share so many political links.)

pliu 14y ago

Quinn Norton: "It wasn't Carmen Ortiz that hounded Aaron to death, it was Steve Heymann. And the system that helped him do it: that was all of us." https://twitter.com/quinnnorton/status/290204205124304896 https://twitter.com/quinnnorton/status/290204205124304896 And Tim Carmody: "FWIW, Carmen Ortiz just runs the US Attorney's office in MA. Stephen Heymann is the Assistant US Attorney going hard after Aaron Swartz." https://twitter.com/tcarmody/status/290192055488094209 https://twitter.com/tcarmody/status/290192055488094209

creamyhorror 14y ago
More info: Aaron wasn’t so lucky with the JSTOR matter. The case was picked up by Assistant U.S. Attorney Steve Heymann in Boston, the cybercrime prosecutor who won a record 20-year prison stretch for TJX hacker Albert Gonzalez. Heymann indicted Aaron on 13 counts of wire fraud, computer intrusion and reckless damage. -- Wired, http://www.wired.com/threatlevel/2013/01/aaron-swartz/ http://www.wired.com/threatlevel/2013/01/aaron-swartz/ In the area of computer crime, Mr. Heymann: - Jointly brought the first federal prosecution of a juvenile computer hacker, who had electronically disabled a critical computer servicing the control tower of a regional airport. - Supervised the prosecution of the first software pirate to be charged with free distribution of copyrighted software over the Internet. -- http://cyber.law.harvard.edu/digitaldiscovery/biosfc.htm http://cyber.law.harvard.edu/digitaldiscovery/biosfc.htm Not that much public info available on the guy.
erichocean 14y ago
Carmen Ortiz was the person in charge of either (a) not employing people like Stephen Heymann, or (b) overseeing their activities better. Of course, Stephen Heymann should also bear the blame. But we don't help society when we refuse to find those in charge responsible for the things they actually are responsible for.
- erichocean 14y ago
  BTW, here's her position on the case (via the NYT)[1]: Carmen M. Ortiz, a United States attorney, pressed on, saying that “stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data or dollars.” i.e. she was in full support of the trial against Aaron. [1] http://www.nytimes.com/2013/01/13/technology/aaron-swartz-internet-activist-dies-at-26.html?_r=0 http://www.nytimes.com/2013/01/13/technology/aaron-swartz-in...

rmc 14y ago

Be careful. One does not really want to send the message to people contemplating suicide that if they complete the suicide that their 'enemies' will loose their job. Suicide is a terrible short term solution. There are better solutions.

overgard 14y ago

To the people suggesting pinning the blame on a person is ignoring the systemic issues, let me point out this: you can do both. We can both recognize that the system is broken while still recognizing that we need to make it plainly obvious how disappointed we are in the people running it. Making a petition isn't a lynch mob. These people are public servants, and ostensibly serve at the pleasure of the public. So when tragedies like this happen we need to make it extremely clear how displeased we are.

wissler 14y ago
Indeed. Yes, the system is what it is, but prosecutors have huge discretion over who they attack. "The system" is just a machine, like a gun, and she picked that gun up, aimed it at Aaron, and pulled the trigger.
deleted 14y ago
[deleted]
wpietri 14y ago
Yes. I'm perfectly happy to hate the player and the game.

vertr 14y ago

I feel like this petition could have been written so much more persuasively. Regardless, I signed.

philwelch 14y ago

Where's the petition to require free publication and distribution of federally funded academic research? That was the point of that particular exercise in civil disobedience in the first place. What a disappointment--it's like firing a cop for putting Martin Luther King in jail without ever addressing racism.

matthewrobertso 14y ago
No, it's like firing a US district attorney for deciding to put Martin Luther King in jail. And you can do more than one action.
- philwelch 14y ago
  It serves no one to make a single prosecutor the scapegoat for a whole system and a whole set of bad laws that need to be changed. There are a thousand prosecutors who are no better just waiting to take that job. We're going after Ortiz because we think it will satisfy our outrage and grief. That is exactly what I am worried about. I understand wanting to put a face on a tragedy like this, but we should be smarter than this.
  - matthewrobertso 14y ago
    >It serves no one to make a single prosecutor the scapegoat for a whole system and a whole set of bad laws that need to be changed. It sends a message that we are not satisfied with the way she ran her office. >There are a thousand prosecutors who are no better just waiting to take that job. Then they better learn from Ortiz's failure or be removed by the same process. Eventually someone will figure out that this kind of behavior is not acceptable. >We're going after Ortiz because we think it will satisfy our outrage and grief. No, I'm upset with Ortiz because this should not have happened. Absolutely no legitimate reason for them to pursue this if JSTOR has no problem.
    - philwelch 14y ago
      If you're removing anyone, remove Holder. Ortiz is just a fall guy. The entire DOJ is run this way, that's why Ortiz got the job in the first place. If Ortiz gets the sack, it will be as apologetically as possible, and her successor will be instructed to do the same damn things if not worse. If the Feds think our outrage will be satisfied by sacrificing one prosecutor, that's all they will do, and they will do it gladly, and that will be the end of that. They will sacrifice their pawn and checkmate us.

mangler 14y ago

Of course, I assume nobody wants Ms. Ortiz to spin into deep guilt-driven depression for doing what she believed was right. This kind of emotional blackmail is probably not helping anyone or anything, at least not this soon after the events when emotions are still looming high and, more importantly, nobody actually understands the exact circumstances of a person's... well... personal predicament that lead to certain actions....

Turing_Machine 14y ago
Your evidence that she was doing "what she believed was right" rather than "what she believed would enhance her career" would be?

alan_cx 14y ago

I'm no expert on the US way of things, but wasn't this prosecutor just doing her job according to the law, or as directed by government policy? She not a vigilante, or is that effectively the case in the US? Surely you guys need to got after the law or government in some way, not harass this woman who was doing what she was paid to do. Ok, so you win, she gets fired. Another will simply replace her. You need to get the laws sorted out. Get the laws changed. Or get laws to protect people. Do it in his name. I cant think of a better legacy. (Well, unless I am completely and utterly wrong about how US law stuff works. In which case, I hold up my ignorant hands)

bcoates 14y ago
US Federal prosecutors are pretty much Judge Dredd. The law gives them broad discretion and wide political independence; so much so that the broad and vague on-paper criminal law is irrelevant in practice. 95% of cases end in a plea bargain and federal juries have a conviction rate in the 80s. http://law.wlu.edu/deptimages/Law%20Review/67-4Podgor.pdf http://law.wlu.edu/deptimages/Law%20Review/67-4Podgor.pdf

Tharkun 14y ago

I agree with the sentiment. I understand the anger and powerlessness. However, we should all take a moment before posting poorly-written petitions and signing them. Decisions made in anger rarely accomplish much. This person made errors in judgement. Maybe they came from her poor understanding of technology, maybe not. But what's clear is that the petition author has equally limited understanding of legal matters. Don't do what she did. Be the better person. Go about this the proper way. If you truly feel that she did something wrong, then consult with a lawyer and decide what can be done. Maybe legal action can be taken to have her sanctioned. Maybe she can be educated. I don't know. And neither do you. So instead of -- essentially -- calling for her to be hanged, go about this the proper way.

Kylekramer 14y ago

Attacking a person's perceived "enemies" post tragedy is a terrible idea sending the wrong message to those with suicidal thoughts.

NathanKP 14y ago

Rather than forming a lynch mob against the prosecutor let's consider working on a petition more along the lines of this one: "Posthumously Pardon Aaron Swartz" https://petitions.whitehouse.gov/petition/posthumously-pardon-aaron-swartz/DVpdmSBj https://petitions.whitehouse.gov/petition/posthumously-pardo...

justiceforaaron 14y ago

This destructive person needs to be removed from office. Her illegal prosecution and harassment of Aaron Swartz is disgusting. She and the goons at the Justice Department bear the guilt for his demise. Despite this, his memory and mission live on.

rprasad 14y ago

Zero percent chance of this happening: - She did her job, which is to enforce the laws as they are written. - She is very good at doing that job. - You will not get her fired on the basis of enforcing a law on the books where the law has not been found unconstitutional nor even had its constitutionality seriously questioned. You want a petition that might have some value? Petition the white house to change the laws or to direct the DOJ not to enforce the law. Until either of those happens, federal prosecutors are ethically bound to continue prosecuting these cases.

alexqgb 14y ago
None of this has any bearing on the pre-trial tactics that are being used with increasing abandon by the DOJ. Specifically, they seek to prevent defendants from having their day in court by making any defence ruinously expensive. An even nastier version of this tactic involves freezing a defendent's assets, making the retention of competent representation a fiscal impossibility. Having effectivly stripped a target of their Constitutionally guaranteed right to a fair and open trial, they credibly threaten their victims with insanely onerous penalties that can be avoided only by accepting plea bargains that involve consent to charges that may well be baseless. In other words, they've successfully undermined one of the nation's key checks on abuse of government power. From what's emerged today, it's clear that the case against Aaron was weak at best, and highly unlikely to lead to conviction in open court against capable defenders. "Bullying" is an understatement. What's going on is an outright assault on the very core of restrained government. Whether this power is being used for good or ill is besides the point. Like extrajudicial killings, the power itself has been placed outside prosecutor's reach for a reason. They have taken it anyway, and they've done so because no impedement has been there to stop them. At the same time, they've depended in security through obscurity. A general lack of awareness as to how abusive and out of control they've become has enabled the rot we're seeing now. In this case, we see the importance of open access to jury trials in that they prevent the government from harming its own legitimacy. Given how unrestrained the DOJ has become, it was only a matter of time before they suffered a high-profile screwup. And while Ortiz may simply have been the one unlucky enough to own it, she is very much a part of the problem. Unlike Aaron, she is not an unfortunate innocent caught in the wrong time at the wrong place. To the contrary, she is the fox sneaking into the henhouse on the night that a new watchdog is sleeping beneath it.

deleted 14y ago

[deleted]

olefoo 14y ago

The petition has already reached 1,000 signers. 1/25th of the number needed to expect a response.

ballard 14y ago

Petitions are participation theater. Call your representative and demand action instead. http://www.usa.gov/Contact/Elected.shtml http://www.usa.gov/Contact/Elected.shtml

rowanwernham 14y ago

If anyone should go down first its Steve Heymann who also led up the ridiculous 40 year sentence against soupnazi. from wired: 'The FBI investigated that hack, but in the end no charges were filed. Aaron wasn’t so lucky with the JSTOR matter. The case was picked up by Assistant U.S. Attorney Steve Heymann in Boston, the cybercrime prosecutor who won a record 20-year prison stretch for TJX hacker Albert Gonzalez. Heymann indicted Aaron on 13 counts of wire fraud, computer intrusion and reckless damage. The case has been wending through pre-trial motions for 18 months, and was set for jury trial on April 1.' http://www.wired.com/threatlevel/2013/01/aaron-swartz/ http://www.wired.com/threatlevel/2013/01/aaron-swartz/ And re: soupnazi, throwing a hacker (even a hacker who was actually criminal) in with violent offenders because he pissed off the wrong people is fucked: "After his sentencing, Gonzalez was transferred from Wyatt to the Metropolitan Detention Center in Brooklyn (before ultimately ending up in a prison in Michigan). Situated between a loud stretch of the Brooklyn-Queens Expressway and Gowanus Bay, M.D.C. is brutal, even for a prison. Populated by hardened offenders, it is among the last places a nonviolent government informant would want to be. “The place is terrible,” Agent Michael said. “But you know what? When you burn both ends of the candle, that’s what you get.” Even Gonzalez was impressed by the government’s indifference to his comfort. He says he always knew it would stick it to him somehow, “but I never thought it would be this badly.”" http://www.nytimes.com/2010/11/14/magazine/14Hacker-t.html?pagewanted=all&_r=0 http://www.nytimes.com/2010/11/14/magazine/14Hacker-t.html?p...

baycyd 14y ago

Another U.S. Attorney out of control. Eric Holder needs to have a serious come to constitutionality talk with all the U.S. attorneys, after he gets rid of this one.

tuananh 14y ago

This isn't right. She probably were just doing her job. Someone dies doesn't make what he/she is doing absolutely right and others' wrong. Don't let the condolences for Aaron clouds your judgment.

glazier 14y ago

Another example of our "betters" knowing what's best for us. What a shame this brilliant young mans life is over because Carmen wants to be governor. Sickening.

joslin01 14y ago

I don't understand the apologists' response to this. "She's just doing her job" "She was only acting in what she believed to be right" "She's just good at her job." Do I have to remind everyone here that we're actually just humans living amongst one another and the overarching rule of thumb is: Do No Harm? Seriously. When it's someone in the private sector doing wrong, everyone wants to come out and demonize the person, but as soon as it's a person in the public office, it's as if we immediately start finding excuses for them. Wake up. Someone's life was demolished because it seemed like a good case to pick up. "Stealing is illegal," she said. Well ok, so is marijuana possession, jay-walking, and smoking inside restaurants. I'm not too sure I can get behind any of these _morally_. Victimless crimes don't need a federal prosecutor coming in and slamming 30+ years at a person. It's just not right. Like many others here, I want to know why she chose this case. Aaron single-handedly put an end to SOPA by gathering huge amounts of support. Imagine if he could have went on? Imagine the impact he could have made on this world? Does the government fear this? Does silencing him just as they are doing the Wikileaks founder ensure their own sick agenda? Before we rush to Carmen Ortiz's defense, why don't we ask these questions, yea? Because it's not like we can't find another federal prosecutor -- perhaps one who has more moral integrity than to sentence a 26 yr old GENIUS to a life in prison.

decius 14y ago

I signed this petition. It is the first Whitehouse petition I've ever signed. I think its an oversimplification to rest all of the blame for Swartz's death on his prosecutor. However, unnecessary, overzealous prosecution is wrong, and it has consequences - things like this are going to happen when you push people to the edge just because you can. If this petition receives enough signatures it will force the White House to consider the issue. I do not expect them to remove Carmen Ortiz, but I do expect them to address the reality of overzealous prosecution. It is worth taking a few seconds to ask them to do that.

res0nat0r 14y ago

I see the Internet lynch mob in full effect today with this. I would love to know the percentage of people signing this who only have read a couple HN articles for the first time today about this person and have no more than a passing knowledge of Ortizs' career than a Wikipedia summary.

Elle4 14y ago

I found on the Internet that Steven P Heymann was honored at an awards ceremony by Eric Holder. Prior to the year 2010, there's not that much on Heymann from a cursory search. But he was moving up by busting cybercrime in concert with Secret Service Agents and FBI. The power-boys club. And certainly enjoying it. I found evidence of intent to misrepresent Aaron Swartz when they referenced him as "not attending MIT but enrolled in an unrelated Boston college." They deliberately concealed the fact that Aaron was at Harvard, to make sure that he was not viewed in any way favorably in this report of their indictment. I read the indictment and it makes every minor step into a hyped depiction of criminality. That is a legal tactic and technique, designed to persuade towards the impression of guilt. Strategies are a collaborative effort in law enforcement. While I do not know much about these LE agents, I do know that they intended to destroy him, exploit his history of depression (which was common knowledge and surely part of a file work-up) and put him in Federal prison at age 26 and not able to be released until he was 76 years old. As I stated elsewhere, in many states, murders and pedophiles do not face that scope of incarceration. This was more of a targeting than a criminal prosecution. They has just come off a highly awarded prosecution and unfortunately Aaron was next in line for them to reap more awards in a ceremony. I am so sad this young man was overwhelmed by the horror of the circumstances. I hope there is ultimately a WIKI each for Steven P. Heymann and his Director, Carmen Ortiz, so that their impact on the life of Aaron Swartz in the name of "justice" stands as the award they get from the public. In effect. Aaron Swartz was given the death penalty for being a freedom fighter. His love of freedom was expressed in radical creativity and breaking down artificial barriers. Who could have known the draconeon measures that were awaiting him?

saveournation 14y ago
This is not the first time US Attorney Carmen Ortiz has wronged innocent American Citizens. I read on the Internet a case of an Innocent Federal Employee who worked for US Customs in Boston his EEOC case was tarnished as Prosecutors in Boston concealed from the Federal Judge the Employees Right-to-Sue which is a Civil Rights Case under Tile VII of the US Civil Rights Act of 1964. Carmen Ortiz failed to see that an innocent family has been damaged by an OVERREACHING PROSECUTION who hide Civil Rights documents from a Federal Judge. USA Ortiz has done this to innocent Americans to get a Political Stand.

deleted 14y ago

[deleted]

evarea 14y ago

13 Felony counts? I can only express outrage and spew vitriol towards U.S. Attorney Carmen Ortiz. She so desperately wants to put her name out front hoping to win the next Governor's election and she did just that, but unfortunately, at the expense of beloved Aaron Swartz's life. MIT & JSTOR refused to press charges; potentially, misdemeanors for downloading documents for free public access & possibly violating a TOC. But Scott Garland, the other prosecutor (lap doggy), and Carmen Ortiz pursued Aaron by digging deep into their own interpretation of the law to manufacture new and more serious charges against him. Carmen Ortiz and her minions continued to badger Swartz by harassing this brilliant & heroic young man until his death by suicide. The government should have hired him rather than make him a criminal. I wonder which murderer, child abuser or rapist the DOJ planned to spring from the overcrowded prison to make room for an open-source activist. This is just so wrong on many levels! May you R.I.P. Aaron Swartz.

evarea 14y ago

lesliestahlhut 14y ago

Carmen Ortiz has set back this country's ability to compete in the global marketplace by relentless pursuing one of the great innovator and job creators to the point that he took his own life. She has not served her country, she has harmed it, and you have a duty to remove her from office so that she does not ruin more lives. Her pursuit of this case shows that she has no understanding of the the roll technology and information play in the transformation of our economy, and it also shows that she lacks compassion. The world will feel the loss of Aaron Swartz for many years as his talent was not easily replaced. If you fire Carmen Ortiz tomorrow, I can assure you, she will not be missed. Someone who is this abusive as a prosecutor is probably equally abusive as a supervisor. From now until her term as prosecutor ends, I will get up every morning and ask myself: "What have I done to help get Carmen Ortiz removed from office today?"

BrianPaone 14y ago

Signed. It'll hit 25k before the day's out, I bet. But it needs to hit 311 million.

Caballera 14y ago
Not sure if it's just me, but when I checked the petition about an hour ago, when I woke up, there were just over 20K signers, now I check and the number has gone down to 19,879.
- Caballera 14y ago
  Nevermind, i see i was reading the wrong side of the numbers.
- jmaygarden 14y ago
  The same thing must have happened to me. I was just coming here to see if anyone commented on the count decreasing.

neverminder 14y ago

I only new Aaron from what I occasionally read online, however his death saddens me and the reason of his death makes my blood boil. This is a wake up call for us all to act, this is the least we can do. I am a member of a few secluded communities and I will personally see to bringing as many signatures as I can to this petition and the one to Posthumously Pardon Aaron Swartz.

radioactivejen 14y ago

isn't what Mme. Ortiz did (over-reaching prosecution) a form of stealing also...? What do you call a supposed "good guy" who breaks the law?

radioactivejen 14y ago

Another example of a rogue prosecutor ignoring the rights of Victims to further their own careers. THIS MUST STOP!

ojr 14y ago

A 30 year sentence would not be the end of his life, he would have went to a low level prison and probably have been release early on parole, it didnt have to end like this but he was too troubled, very sad

rameshba 14y ago

She must be fired for this prosecutorial overreach. Now.

murfmv 14y ago

Disgraceful for what you have done to Aaron Swartz

msbpodcast 14y ago

The zeal with which Carmen Ortiz showed in prosecuting the case against Aaron Swartz shows a criminal lack of discernment on the prosecutor's part which directly led to Mr. Swartz death. The prosecutor should be removed as judgement (or lack thereof) has resulted in a tragic miscarriage of justice for the defendant. The defendant was not a hardened criminal, but he was treated as if he was. The case involved no violence, breaking in, no drugs, no profit. The employing of such heavy-handed techniques that the defendant would prefer to end his life rather than face whatever punishment the prosecutor was proffering was entirely inappropriate. The crime was one of accessing JSTORs files which, since the files are locked behind a paywall, contain information which JSTOR was NOT involved in creating, the legality of JSTOR ownership is questionable. This is a case of prosecutorial over-reach. Carmen Ortiz is incompetent at best or malevolent at worst. Let such individuals find employment in other professions where discernement or judgement are not required.

ThinkAboutIt 14y ago

All of you who want to minimize what Aaron Schwartz did and lead a pitchfork mob against a prosecutor are misguided little spinsters. Lest you forget that he was caught on security cameras breaking into the a server room with a bike helmet covering his face. He knew he was breaking the law. He was caught. The heroic part of his action was the very fact that he knew he was breaking the law and still did it in the name of free access to knowledge. Anybody who says that he killed himself because of prosecutorial overreach it taking away from the significance of his action. No, he was being prosecuted because he committed a crime. He committed a crime because he did not agree with the law. The problem is the law, not the person enforcing the law. And if any of you had the capability to have an independent thought not shaped by emotion or group-think you would realize this.

hideouse 14y ago

Anyone who chooses to prosecute someone over technical issues ought to educate themselves about that technology. Fire her. Better yet, try her for misuse of her authority, abuseof her authority and incompetence.

Phidias 14y ago

Her draconian bullying of Aaron Swartz led to his death. He positive contributions to the world vastly outweigh hers. Her actions are morally unacceptable. Her actions are unworthy of America and the State of Massachusetts. She is a monument to the suppression of freedom. She is a monster. She must step down or be fired.

jbrun 14y ago

Javert

ontogram 14y ago

Schwarz downloaded documents illegally and should have been charged, but he is not the conspirator and traitor she made him out to be. In no case, should he have faced a possible 35 years in jail. Ortiz, not Aaron, is an affront to liberalism and decency and does not deserve high office in this land.

scorpion032 14y ago

I am naive about this case. If one particular prosecutor had it so badly against him, could he not appeal at the higher level after this decision?

pvaldes 14y ago

This seems a relatively common modus operandi. The history reminds me a lot to the Nancy Black case. http://www.nancyblacklegaldefense.org/ http://www.nancyblacklegaldefense.org/

jerryhuang100 14y ago

Ortiz and Heymann are just Pharisees for strict observance, bullying and abusing of the written law with a huge disconnect with the society and technology.

walawala 14y ago

Carmen Ortiz has blood on her hands for causing the death of Aaron Swartz.

kumar123456 14y ago

She Doent understand what internet means and the difference between conventional "stealing" "Robbing" to material download in which the the "Original Material" is still with JSTOR and a case can not be made out as he did not get any benefit out of his steal. Sadly, the World Lost an Intelligent Guy becuase of some Ruthless people and infact,Life of those Ruthless we should investigate and find they are Clean and able to prosecute as their job says.

ssratoga02128 14y ago

It's unfortunate that DA offices didn't attempted to prosecute those that have contributed to the tanking of the economy but I suppose it's alot easier to go after those that do not have a army of attorneys and probably do not regularly put down cold hard cash in elections.

simion 14y ago

She needs to be removed. There was no proportionality to he actions.

Dinamicor 14y ago

Carmen Ortiz should not only be fired; she should be prosecuted for negligence and wrongdoing on pursuing a non-proportional sentence. Specially, when it is well known that she didn´t do anything to prosecute the banksters of the 2007-2009 crises. Loos like Ortiz considers justice is better served prosecuting a young genius committing a “misdemeanor” compared to the banker’s assault to its client’s funds and trust.

lanthony 14y ago

The Obama administration is a failure and continues to increase the deficit of democracy. At least if you will not prosecute your owners on Wallstreet at least let tiny evidence show that you can act like you are not a fool. If the true global public could be the judge than you would be recognized as a terrorist

Claro 14y ago

Original Stephen Heymann DOX was taken down by Pastebin (why would they do that?). SO here's another, albeit less info... http://pastebin.com/WvY5RnjV http://pastebin.com/WvY5RnjV

asfwt62 14y ago

THere are rapist and murderers that get smaller sentences than Aaron Swartz. Priorities are screwed up Ms. Ortiz.

mbloom1915 14y ago

the petition now needs 100k signatures, sign it here: https://petitions.whitehouse.gov/petition/remove-united-states-district-attorney-carmen-ortiz-office-overreach-case-aaron-swartz/RQNrG1Ck https://petitions.whitehouse.gov/petition/remove-united-stat...

nycterrierist 14y ago

Carmen Ortiz should be disbarred.

yasure 14y ago

Same miserable b!7ch who was reponsible for this: http://ij.org/massachusetts-civil-forfeiture-release-1-24-2013 http://ij.org/massachusetts-civil-forfeiture-release-1-24-20... Get rid of her.