
What should the next Aaron Swartz do when the DOJ knocks? - edward
http://boingboing.net/2015/03/12/aaron-swartz-and-impact-litiga.html
======
ouchy
A few things.

1\. Don't give up. I hate to say it, but they guy was in the middle of
negotiations, and could have probably worked out something significantly
better than the 6-month deal he was offered (which really could have been far
worse, in practical terms, though it never should have come to that, of
course). He obviously had severe mental health problems, and killing himself
was disproportionate to what he was facing.

2\. I've had two friends do time for Federal, non-violent crimes, and it
wasn't horrible for either of them. It mostly just kind of sucked. Not even
close to a worst-case scenario. Family embarrassment and having a felony on
their record was the worst of it for each of them. Aaron could have turned all
that to his favor.

3\. It's an unpopular thing to say around here, but before becoming an
activist for a cause, it'd be worth talking to a lawyer. No doubt the
prosecutor was overzealous (what else is new?) but Swartz's operation was both
ham-fisted and a bit unhinged. He obviously was trying to get away with
something, he just got caught. He really should have thought that through
before doing it, during, and after.

4\. And if you're actually guilty of something–however absurd that law is,
it's law–fight like mad (which includes appeals) and then take the best plea
bargain your attorney can get you, and make the most of it. A six-month term
would have been the best thing that could have happened to his
cause–afterwards he would have had immense credibility as an activist with
both character and credibility.

This should all enter into your cost/benefit thinking. It's just good
planning.

Unfortunately, it became a "mere" tragedy that I fear will wind up doing far
less to solve the problems he wanted to than if he'd stuck it out.

~~~
pzxc
> Don't give up. I hate to say it, but they guy was in the middle of
> negotiations, and could have probably worked out something significantly
> better than the 6-month deal he was offered (which really could have been
> far worse, in practical terms, though it never should have come to that, of
> course).

My understanding is that negotiations had stalled: the prosecutors absolutely
refused to entertain any plea deal that did not result in Aaron getting a
felony. That was all Aaron wanted: not to be a felon for the rest of his life.

~~~
ouchy
IANAL, but as I understand it he still had options, though (trial by jury, for
example).

~~~
therealwill
93% Federal conviction rate and a trial by jury would have been extremely
expensive.

Source:
[http://www.justice.gov/sites/default/files/usao/legacy/2011/...](http://www.justice.gov/sites/default/files/usao/legacy/2011/09/01/10statrpt.pdf)

------
parfe
>The feds wanted capitulation, a guilty plea.

No shit. Aaran Swartz wasn't a special case. He's just notable to the
community because suddenly it was a perpetrator a lot of people could actually
empathize with. The plea rate for federal prosecutions is 96% [1].

Swartz wasn't even looking at 35 years mandatory minimum [2]. That was just
the total if you added up all the maximum penalties without factoring in the
sentencing guidelines.

Sadly, his mental health issues complicated his situation, but really the
advice is the same for the Next Swartz as the next Random Guy Caught With Too
Much Crack [3]. Keep your mouth shut, take the best offer your can get, and
plea out.

[1] [http://www.ussc.gov/sites/default/files/pdf/research-and-
pub...](http://www.ussc.gov/sites/default/files/pdf/research-and-
publications/annual-reports-and-sourcebooks/2012/FigureC.pdf)

[2] [https://www.popehat.com/2013/03/24/three-things-you-may-
not-...](https://www.popehat.com/2013/03/24/three-things-you-may-not-get-
about-the-aaron-swartz-case/)

[3]
[http://en.wikipedia.org/wiki/Fair_Sentencing_Act](http://en.wikipedia.org/wiki/Fair_Sentencing_Act)

~~~
NoMoreNicksLeft
> a perpetrator a lot of people could actually empathize with

A perpetrator of what? Downloading files he was allowed to download but at a
faster rate than the rulemakers had anticipated?

What was the crime?

Creative prosecution by the feds is outrageous, and should be shut down...
those engaging in it should be shamed and prevented from ever practicing law
again.

------
peter303
I agree with Lessig's view in that documentary that if he had waited through
the court case, and especially asked for a jury trial, it would have been
knocked down to a smaller charge, probable conviction and no jail time. Judges
and juries are checks on overly aggressive prosecutors. As hinted in the
documentary Aaron may have had other issues weighing on him than just this
court case.

Not all hacking cases are equal and need to be judged on their own merits.
Sometimes there could be much more serious economic harms or intentions than
this case.

~~~
awch
Agreed, but the author notes that "...after the plea-bargaining blew apart on
January 11, 2013, Aaron's family was close to a million dollars in debt. He
could not afford a trial."

The disparity was financial- the bottomless pockets of the federal government
vs. the finite resources of an individual (and donations from supporters).

It's as if there's a need for a "CFAA legal defense" insurance policy that
activists/security researchers could purchase to finance vigorous challenges
to these statutes in the event of overzealous prosecution.

~~~
wolfgke
Why don't you lobby for introducing "court grants of legal aid" (in German:
Prozesskostenhilfe).

------
MollyR
In era of flux and untested laws, no one wants to be a scapegoat or a trial
run.

I really feel for Aaron Swartz, and I think I might have easily done the same
thing as him.

I dunno how or what, but we need dramatic changes in the law about the nature
of the digital world.

~~~
ouchy
Activists need to realize they're intentionally walking the fine line between
being a scapegoat and a martyr. The better they navigate that, the more
effective they'll be.

------
tomjen3
A now dead troll comment suggest that he should shoot first. While I don't
agree with this at all, this is almost certainly going to happen and sooner
rather than later. See right now in Ferguson, with the random cop killings.

People break in different ways. Some break inwards, others outward - and no
this isn't a gun issue. Palestinians have figured out that you can kill people
with a car - heck half an ounce of flour in an envelope will cause massive
panic and workplace disruption.

------
ggchappell
A question.

AS gets special attention in places like HN, because of his status as an
_information_ activist. But activism is not new; neither are excessive charges
based on it. We discuss AS as if his case was an unusual one. But ( _and here
is the question_ ), was it, really?

Note: This is not an argument disguised as a question. I really don't know.

------
fiatmoney
The Solzhenitsyn quote is apt.

------
shit_parade
the author writes, "These experiences prompted me to consider how Aaron Swartz
might have pursued a more aggressive public campaign as part of his legal
defense."

He goes on to mention Mr. Brown, but he also ignores that Brown was given a
gag order preventing him engaging in the sort of 'aggressive public campaign'
the author encourages the next Aaron Swartz to attempt.

Civil rights throughout history are won through extensive civil disobedience,
somehow the left and much of the government, and every state apologist
continue to advocate that people work within a system that is grotesquely
unjust and to throw away the very tools that history has shown are most
effective in addresses legitimate grievances.

On January 1, 2008 more than 1 in 100 adults in the United States were in
prison or jail.[0] This doesn't occur in a system of just laws which respect
the natural rights of individuals, it occurs in a totalitarian police state
beholden to oligarchs and politicians.

[0]:
[https://en.wikipedia.org/wiki/Incarceration_in_the_United_St...](https://en.wikipedia.org/wiki/Incarceration_in_the_United_States)

------
shit_parade
[https://www.youtube.com/watch?v=PhFvZRT7Ds0](https://www.youtube.com/watch?v=PhFvZRT7Ds0)

------
jheriko
1\. take responsibility for his actions 2\. not top himself

