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Swartz's Suicide Prompts Group to Try to Reform Computer Fraud Laws

A week after 26-year-old Highland Park native and internet activist Aaron Swartz committed suicide, his supporters and family are seeking to change the way the government prosecutes the computer crimes he was charged with.

Highland Park native Aaron Swartz, 26, was remembered this week  who inspired friends and family, as well as a victim of unfair treatment by the government.

Swartz, who commited suicide Jan. 11, co-created the social news website Reddit and founded Demand Progress, an organization devoted to Internet activism and fighting expanded government oversight of the Internet, according to CNN.

Demand Progress is currently looking to mobilize grassroots and political support to "end prosecutorial abuses" and "amend computer fraud law," according to a news release the group sent out earlier this week. Under Aaron's Law, disputes over "terms of service” agreements would fall under the jurisdiction of civil courts, rather than be considered a felony charge immediately, the release states.

In 2011, Swartz got into trouble with the federal government when he was indicted for using MIT's computer networks to gain illegal access to JSTOR, a subscription-based service that distributes literary and scientific journals. According to federal prosecutors, he then downloaded more than four million articles. Federal prosecutors charged Swartz with multiple counts of wire fraud, computer fraud, according to the Huffington Post.

According to Swartz's father and his defense attorney, the prosecutors were looking to get Swartz the maximum penalty, which could have meant decades in prison.

"Aaron proved to be an opportunity to make a case — a federal case, a big case — something that functionaries could brag about in the cafeteria line for weeks, months to come," defense attorney Eliott Peters said at Swartz's funeral. "This was about them and their rules."

However, in a recently published statement, U.S. Attorney Carmen M. Ortiz said prosecutors were seeking "six months in a low security setting," and that "at no time did this office ever seek — or ever tell Mr. Swartz's attorneys that it intended to seek — maximum penalties under the law," according to NBC News.

That's not the sense Swartz or his family had of what prosecutors had in mind. Swartz's father, Robert, said prosecutors made it clear his son was facing decades in jail and that the only way to avoid such a sentence would be to go to trial, a risky move.

"Aaron did not commit suicide but was killed by the government," said Robert Swartz, Aaron's father. "The hole he left us with will never be repaired."

Demand Progress' proposed reform has already made a supporter out of Representative Zoe Logren (D-Ca.), who will propose the bill, according to the news release. 

"It looks like the government used the vague wording of those laws to claim that violating an online service’s user agreement or terms of service is a violation of the [Computer Fraud and Abuse Act] and the wire fraud statute," Lofgren said on Reddit. "Using the law in this way could criminalize many everyday activities and allow for outlandishly severe penalties."

David Segal, Demand Progress' executive director, called the reform "just a start."

"Demand Progress and Aaron's friends and family will continue to push for key reforms to the criminal justice system," Segal said, "and otherwise work towards forwarding Aaron's life's work."

Do you think Aaron Swartz was the victim of unfairly written computer fraud laws? Should those laws be changed?

Craig Dicken January 19, 2013 at 07:06 PM
If you can't do the time(six months at Club Fed) Don't do the crime.
RationalTht January 19, 2013 at 08:23 PM
Six months is different than the decades the government was going for. They wanted to "make an example" out of him.
greg kuss January 19, 2013 at 11:49 PM
What ever the crime which I feel wasn't. Justified. A briallant man. Is gone
Justice101 January 20, 2013 at 06:10 PM
Swartz, is a criminal. Period. Enough Said
Jack Straw January 20, 2013 at 08:17 PM
This is the government you chose, this is the government you get. Laws layered on laws. Now I would appreciate if you would stop complaining.
Rolando Perez January 20, 2013 at 10:00 PM
Shameful that MIT didn't protect Aaron more.
Tom January 20, 2013 at 10:43 PM
Obviously very smart & maybe even brilliant. OVER 4 MILLION articles. Yeah, MIT should have protected him more. Something like - that's no crime, we're a tough school, he reads a lot. Kids do stupid stuff - we all did. But , some people did stuff soooo stupid that its a federal crime.
We The People January 21, 2013 at 12:15 AM
Hey Rolando You are ms-informed. MIT did tell him to stop and the website even changed their IP address twice. There is a lot more to this story than has been reported. The Government also while asking for a 6 month sentence was in negotiations with Swartz for a sentence of probation only. The parents are to blame nobody else
Maya January 21, 2013 at 04:18 AM
If Martha Stewart was able to deal with six months in prison certainly Swartz could have. The fact is that we should never allow the act of suicide to be a catalyst for change. That is a terrible message to send
RationalTht January 21, 2013 at 04:32 AM
Maya - the problem is, the DA's were not going after a "6 month" sentence - they were targeting 50 years to "make an example" out of him. That is what MIT wanted when they initially asked the DA to go after the kid. Six months or a year might have been reasonable, but we will never know what would have happened had the DA and her team had a goal of "justice" instead of career advancement.
RationalTht January 21, 2013 at 04:34 AM
Where did this "probation only" come from? That may have been what the defendant wanted, but it seemed like the prosecutors were going for serious time to boost their careers. How many additional felonies did they toss onto the pile?
Maya January 21, 2013 at 05:50 AM
Rational. Swartzs lawyer is repeatedly quoted in the media saying the plea offer was six months but that Aaron didn't want to agree to any time. Yes if he went to trial he would have risked more but given the facts six months would have been appropriate and fair
Deerfield Resident January 21, 2013 at 03:09 PM
6 months or longer, he committed a crime. Stand up and take your punishment - killing yourself is selfish to those who are left behind. I feel sorry for the family but they can't take the stand that he was a victim of the government and blame anyone else but him.
Penny Weinberg January 22, 2013 at 04:18 AM
He was weak and couldn't handle the reality of the repercussions that might come from what he had done Intelligence doesn't always come with common sense
Kaitlyn Hensley January 26, 2013 at 09:21 PM
Sign this petition to make the DOJ accountable for Aaron Swartz death! https://petitions.whitehouse.gov/petition/appoint-independent-investigator-subpoena-power-investigate-instances-doj-bullying-extorsion-and/ZrDymCLq

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