Swartz' death fuels debate over computer crime

Published on NewsOK Modified: January 13, 2013 at 7:30 pm •  Published: January 13, 2013
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NEW YORK (AP) — Internet freedom activist Aaron Swartz, who was found dead in his Brooklyn apartment Friday, struggled for years against a legal system that he felt had not caught up to the information age. Federal prosecutors had tried unsuccessfully to mount a case against him for publishing reams of court documents that normally cost a fee to download. He helped lead the campaign to defeat a law that would have made it easier to shut down websites accused of violating copyright protections.

In the end, Swartz's family said, that same system helped cause his death by branding as a felon a talented young activist who was more interested in spreading academic information than in the fraud federal prosecutors had charged him with.

The death by suicide of Swartz, 26, was "the product of a criminal justice system rife with intimidation and prosecutorial overreach," his family said in a statement Saturday.

Swartz was only the latest face of a decades-old movement in the computer science world to push more information into the public domain. His case highlights society's uncertain, evolving view of how to treat people who break into computer systems and share data not to enrich themselves, but to make it available to others.

"There's a battle going on right now, a battle to define everything that happens on the Internet in terms of traditional things that the law understands," Swartz said in a 2012 speech about his role in defeating the Internet copyright law known as SOPA. Under the law, he said, "new technology, instead of bringing us greater freedom, would have snuffed out fundamental rights we'd always taken for granted."

Swartz faced years in prison after federal prosecutors alleged that he illegally gained access to millions of academic articles through the academic database JSTOR. He allegedly hid a computer in a computer utility closet at the Massachusetts Institute of Technology and downloaded the articles before being caught by campus and local police in 2011.

"The government used the same laws intended to go after digital bank robbers to go after this 26-year-old genius," said Chris Soghoian, a technologist and policy analyst with the American Civil Liberties Union's speech, privacy and technology project.

Existing laws don't recognize the distinction between two types of computer crimes, Soghoian said: Malicious crimes committed for profit, such as the large-scale theft of bank data or corporate secrets; and cases where hackers break into systems to prove their skillfulness or spread information that they think should be available to the public.

Swartz was an early advocate of freer access to data. He helped create Creative Commons, a system used by Wikipedia and others to encourage information sharing by helping people to set limits about how their work can be shared. He also helped create the website Reddit and RSS, the technology behind blogs, podcasts and other web-based subscription services.

That work put Swartz at the forefront of a vocal, influential community in the computer science field that believes advocates like him should be protected from the full force of laws used to prosecute thieves and gangsters, said Kelly Caine, a professor at Clemson University who studies people's attitudes toward technology and privacy.

"He was doing this not to hurt anybody, not for personal gain, but because he believed that information should be free and open, and he felt it would help a lot of people," she said.

Plenty of people and companies hold an opposing view: That data theft is as harmful as theft of physical property and should always carry the same punishment, said Theodore Claypoole, an attorney who has been involved with Internet and data issues for 25 years and often represent big companies

"There are commercial reasons, and military and governmental reasons" why prosecutors feel they need tools to go after hackers, Claypoole said. He said Swartz's case raises the question of, "Where is the line? What is too much protection for moneyed interests and the holders of intellectual property?"



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