From: James A. Donald <jamesd@echeque.com> To: cypherpunks@cpunks.org Sent: Tuesday, December 31, 2013 2:54 PM Subject: Re: Jacob Appelbaum in Germany "James A. Donald"
As to Swartz he didn't commit any real crime so he never was, or pretended to be, 'above the law'. Accessing someone else's computers without permission to obtain the information therein is trespass. The powerful trespass against the less powerful. He had mistaken ideas about how powerful he was.
My understanding (from reading the Wikipedia article on Swartz an hour ago) was that he accessed "PACER" information. ( http://www.pacer.gov/ ) The information in PACER (which I have used a few times before, for example to access the docket for fake, forged, fraudulent "appeal" case 99-30210) is simply Federal court case files. (Dockets; filings). This material is legally in the public domain: It is not even copyrighted. I don't know if Swartz did anything 'illegal' to get into the computer that had the information, but I doubt that. Incidentally, the charge for PACER documents is now $0.10 per page, but if you run up a charge of less than $15.00 in a calendar quarter, there is no charge. (In other words, less than 150 pages downloaded are free) Jim Bell