[crazy][wrong] Who Killed Aaron Swartz was Re: 2022 resolutions

Victim of Undiscussed Horrifically Abusive Brainwashing gmkarl at gmail.com
Tue Dec 28 02:40:59 PST 2021


[partial, still trying to comprehend article]

There was a big hullabaloo around the blatant national-scale
corruption involved in the charging of Aaron Swartz and his suicide.

Often in such hullabaloos people make a big stink that "the system is
corrupt" without taking more pointed or decisive action on that
situation.

Although you might feel otherwise, if you look at the logical facts it
is clear that Aaron Swartz did not commit a crime related to the data
he downloaded.  He just looked suspicious.  He hid that he was
downloading it, the way somebody might when they were committing a
computer crime.  And then somehow the lawyers prosecuting him were
influenced to push as hard as they possibly could, when all Aaron ever
did was fit a profile.

Although there's a lot of information on what the people who harmed
Aaron cared about, based on how they and others behaved, as a casual
newbie to this stuff, I'm most curious on a document that makes it
clearer who the prosecuting lawyers were, and what might indicate how
they were influenced.

These lawyers likely committed crimes themselves here, if it matters.

On 12/28/21, coderman <coderman at protonmail.com> wrote:
> Prosecution	[Carmen Ortiz](https://en.wikipedia.org/wiki/Carmen_Ortiz)
> [Stephen Heymann](https://en.wikipedia.org/wiki/Stephen_Heymann)

Two prosecutors, each with a wiki article on them.

> Citation(s)	[1:11-cr-10260](https://archive.org/details/gov.uscourts.mad.137971)
>
> Court membership
> Judge(s) sitting	Nathaniel M. Gorton

> writer, political organizer and [Internet
> activist](https://en.wikipedia.org/wiki/Hacktivism), was prosecuted for

A bit ago somebody shared a document on this list indicating they had
participated in the oppression and framing of hacktivists.

> multiple violations of the [Computer Fraud and Abuse
> Act](https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act) of 1986
> (CFAA), after downloading academic journal articles through the MIT computer
> network from a source ([JSTOR](https://en.wikipedia.org/wiki/JSTOR)) for
> which he had an account as a Harvard research fellow. Facing trial and the

The article is written in a way such that it is not clear to a casual
reader that Aaron committed no crimes to any normal analysis.  The
sources of the edit of sentences that do not state foremost that Aaron
was innocent of any crime by any precedent set prior to the trial,
could add some information.

> possibility of imprisonment, Swartz committed suicide, and the case was
> consequently
> dismissed.[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[2](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Landergan-2)[3](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-DocketAlarm-3)

Information on the forensic details of Swartz's suicide could also
help people trying to figure out what is true here.

> On January 6, 2011, Swartz was arrested by [MIT
> Police](https://en.wikipedia.org/wiki/Massachusetts_Institute_of_Technology_Police_Department)
> on state breaking-and-entering charges, in connection with the systematic
> downloading of [academic
> journal](https://en.wikipedia.org/wiki/Academic_journal) articles from
> [JSTOR](https://en.wikipedia.org/wiki/JSTOR).[4](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-gerstein-4)[5](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-IncidentReport-5)[6](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-hak-6)[7](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-2011-tech-7)

The police incident report is linked here.  This could help people
feel they have more evidence.  My personal experience is that police
incident reports can be written to protect parties, but it is still
nice to have.

> Federal prosecutors eventually charged him with two counts of [wire

When and by whom?  I think it mentions later.
> On January 11, 2013, two years after his initial arrest, Swartz was found
> dead in his [Brooklyn](https://en.wikipedia.org/wiki/Brooklyn) apartment,
> where he had hanged
> himself.[10](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-BusinessInsider-10)[11](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-autogenerated1-11)[12](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Time-12)

Citations regarding the hanging.  One might mention forensic details.

> [JSTOR](https://en.wikipedia.org/wiki/JSTOR) is a digital repository that
> archives − and disseminates online − manuscripts, GIS systems, scanned plant
> specimens and content from [academic
> journal](https://en.wikipedia.org/wiki/Academic_journal)
> articles.[13](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-ithaka-13)
> Swartz was a [research
> fellow](https://en.wikipedia.org/wiki/Research_fellow) at [Harvard
> University](https://en.wikipedia.org/wiki/Harvard_University), which
> provided him with a JSTOR account. Visitors to MIT's "open campus" were
> authorized to access JSTOR through its
> network.[14](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-14)

Note again that it is at the _very end_ that it mentions that access
to JSTOR was authorized, and it does not clearly state the fact that
Swartz was authorized to access JSTOR, rather implying it.

These kinds of expressions are _how_ things like this happen.  Talk to
a police officer or a prosecutor: their job is already to fight crime.
They don't hear the things that imply that the person is innocent
unless you state it clearly.  They hear the things that indicate what
they need to do to stop them.  It's already assumed that you are only
talking to them because the person in question committed a crime.

> On January 6, 2011, Swartz was arrested near the Harvard
> campus[6](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-hak-6)[22](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-22)
> by two MIT police officers and a U.S. Secret Service agent. He was arraigned
> in [Cambridge District
> Court](https://en.wikipedia.org/wiki/Massachusetts_District_Court) on two
> state charges of breaking and entering with intent to commit a
> felony.[4](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-gerstein-4)[5](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-IncidentReport-5)[18](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-cohen-18)[23](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-23)

January 6, 2011 -- Swartz is arrested by MIT police and a US Secret
Service agent and charged with breaking and entering with intent to
commit a felony.

Citations regarding the wrongfully-placed charges could help in
forming an outline of how they developed.

> On July 11, 2011, Swartz was indicted in federal District Court on four
> felony counts: [wire fraud](https://en.wikipedia.org/wiki/Wire_fraud),
> [computer fraud](https://en.wikipedia.org/wiki/Computer_fraud), unlawfully
> obtaining information from a [protected
> computer](https://en.wikipedia.org/wiki/Protected_computer) and recklessly
> damaging a protected
> computer.[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[7](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-2011-tech-7)[24](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-TechTimeline-24)[25](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Internet_Activist_Charged_in_Data_Theft-25)

July 11, 2011 - Swartz's first indictment on false charges, look like
general "hacking" charges to my newbie eyes.  Federal District Court.

Citations regarding the indictments, similarly.

> On November 17, 2011, Swartz was indicted by a Middlesex County Superior
> Court grand jury on state charges of breaking and entering with intent,
> grand larceny and unauthorized access to a computer
> network.[26](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-26)[27](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-MassDA-27)

Nov 17, 2011 - Second indictment, one real charge, and at least one
severe false charge.  Middlesex County Superior Court grand jury.

> On December 16, 2011, the district attorney's office filed a [nolle
> prosequi](https://en.wikipedia.org/wiki/Nolle_prosequi) declaration in the
> case generated by Swartz's initial January 6, 2011
> arrest.[5](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-IncidentReport-5)

Dec 16, 2011 - A meaningful legal filing, I'm guessing regarding the
first indictments, I'm very much not a lawyer.

> The state charges against Swartz stemming from the November 17, 2011
> indictment were dropped on March 8,
> 2012.[28](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-StateDrop-28)
> The state charges were dropped due to a deal being reached in which the data
> was returned by Swartz.
> [28](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-StateDrop-28)

March 8, 2012 - Grand jury charges are dropped.  Citation regards deal
with Swartz.

> A report later submitted to the president of MIT about the Swartz case
> suggests, however, that Massachusetts state law required the Middlesex
> district attorney to dismiss the charges after the Boston U.S. Attorneys'
> Office and the Secret Service failed to promptly hand over evidence
> requested by Swartz's attorney during the Massachusetts case's discovery
> process.[29](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-MIT_President_report-29)

It's pretty clear the proceedings were not about what is legal or what
is true, but rather about what somebody could convince people to do,
and how people were able to resist that.

> lawyers familiar with the original case told him they had expected it to be
> dismissed after a "'continuance without a finding' ... The charge [would be]
> held in abeyance ... without any verdict ... for a period of a few months up
> to maybe a couple of
> years."[30](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Silverglate-30)

Don't let a lawyer just tell you this.  Get them to actively work to
make things better and more certain.  The people prosecuting Aaron
were not just waiting for the system to run its course, but rather
continually taking action to influence Aaron being indicted.  Aaron's
defense needs to similarly be on its toes.

> According to [Verge](https://en.wikipedia.org/wiki/The_Verge) reporter Jeff
> Blagdon[32](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Blagdon-32)
> and the Huffington
> Post,[33](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Grim-33)
> federal rather than local prosecutors had been "calling the shots" on the
> prosecution of the case since Swartz's arrest. Both cited a letter from
> Swartz's attorneys to the Department of
> Justice.[34](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-p4Peters-34)

Letter from Swartz's attorneys to the Department of Justice indicates
that _federal_-level prosecutors were running the show.  Citation
regarding letter.

>> The lead prosecutor in Mr. Swartz's [federal] case, AUSA Stephen Heymann

Lead Prosecutor AUSA Stephen Heymann

>> ... and [Secret Service] Agent Pickett directed and controlled the

Secret Service Agent Pickett

These people are likely not solely responsible for this, but they
sound pretty important if they were spearheading this particular
effort.  Why did this happen?  Who asked them to do it?

>> investigation of Mr. Swartz from the time of [his] arrest on January 6 ...
>> Heymann's involvement in the case had commenced very early in the
>> investigation.[34](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-p4Peters-34)


Stephen Heymann and Agent Pickett directed and controlled the
investigation of Mr Swartz from January 6 ... [citation]

> Federal prosecution
>
> On April 13, 2011, as part of their investigation, federal authorities
> interviewed Swartz's former partner,
> [Wired](https://en.wikipedia.org/wiki/Wired_(magazine)) journalist [Quinn
> Norton](https://en.wikipedia.org/wiki/Quinn_Norton); she penned an article,
> "Life Inside the Aaron Swartz Investigation," detailing her experiences in
> the
> case.[35](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Quinn-35)[36](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-36)
>
>> I mentioned ... a two-year-old public post on ... Aaron's blog. It had
>> been fairly widely picked up by other blogs. I couldn't imagine that these
>> people who had just claimed to have read everything I'd ever written had
>> never looked at their target's blog, which appeared in his FBI file, or
>> searched for what he thought about "open access." They hadn't.
>> So this is where I was profoundly foolish. I told them about the Guerilla
>> Open Access Manifesto. And in doing so, Aaron would explain to me later
>> (and reporters would confirm), I made everything
>> worse.[35](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Quinn-35)
>
> On July 19, 2011, the July 11th federal
> indictment[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[7](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-2011-tech-7)[24](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-TechTimeline-24)
> was unsealed, charging Swartz with two counts of fraud and two counts
> related to accessing and damaging a protected
> computer.[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[25](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Internet_Activist_Charged_in_Data_Theft-25)
> According to the indictment, Swartz surreptitiously attached a laptop to
> MIT's computer network, which ran a script named
> "keepgrabbing.py",[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[7](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-2011-tech-7)
> allowing him to "rapidly download an extraordinary volume of articles from
> JSTOR."[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[37](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-CB1-37)
> Prosecutors in the case said Swartz acted with the intention of making the
> papers available on [P2P file-sharing
> sites](https://en.wikipedia.org/wiki/Peer-to-peer_file_sharing).[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[15](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-lindsay-15)
>
> Swartz surrendered to authorities, pleading not guilty on all counts, and
> was released on $100,000 unsecured
> [bail](https://en.wikipedia.org/wiki/Bail).[38](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-NewYorkTimesOpinion1-38)
> After his arrest, JSTOR released a statement saying that though it
> considered Swartz's access to be a "significant misuse" committed in an
> "unauthorized fashion," it would not pursue civil litigation against
> him;[16](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-jstor-statement-16)[38](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-NewYorkTimesOpinion1-38)
> MIT did not comment on the
> proceedings.[39](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-lessig-obituary-39)
>
> The New York Times wrote of the case: "a respected Harvard researcher who
> also is an Internet folk hero has been arrested in Boston on charges related
> to computer hacking, which are based on allegations that he downloaded
> articles that he was entitled to get
> free."[38](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-NewYorkTimesOpinion1-38)
> [The Awl](https://en.wikipedia.org/wiki/The_Awl) similarly commented that
> "Swartz is being charged with hacker crimes, not copyright-infringement
> crimes, because he didn't actually distribute any documents, plus JSTOR
> didn't even want him
> prosecuted."[40](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-awl-40)
>
> Assistant U.S. Attorneys [Stephen
> Heymann](https://en.wikipedia.org/wiki/Stephen_Heymann) and Scott Garland
> were the lead prosecutors, working under the supervision of U.S. Attorney
> [Carmen
> Ortiz](https://en.wikipedia.org/wiki/Carmen_Ortiz).[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)[17](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-HuffPost_20130112-17)[41](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Wired_20130113-41)
> The case was brought under the Computer Fraud and Abuse Act, which was
> passed in 1986 to enhance the government's ability to prosecute hackers who
> accessed computers to steal information or to disrupt or destroy computer
> functionality.[42](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-42)[43](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-crln-43)
> "If convicted on these charges," said Ortiz, "Swartz faces up to 35 years in
> prison, to be followed by three years of supervised release, restitution,
> forfeiture and a fine of up to $1
> million."[9](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-SwartzAaronPR-9)
>
> On September 12, 2012, the prosecution filed a superseding indictment adding
> nine more felony
> counts.[8](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Superced-8)[44](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-techdirt-44)
> [George Washington University Law
> School](https://en.wikipedia.org/wiki/George_Washington_University_Law_School)
> Professor [Orin Kerr](https://en.wikipedia.org/wiki/Orin_Kerr), writing on
> the legal blog [Volokh
> Conspiracy](https://en.wikipedia.org/wiki/Volokh_Conspiracy), opined that
> the risk of a maximum sentence in Swartz's case was not
> high.[45](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Kerr2-45)
> In an interview with Boston's [WBUR](https://en.wikipedia.org/wiki/WBUR),
> retired federal judge [Nancy
> Gertner](https://en.wikipedia.org/wiki/Nancy_Gertner) said a sentence of 35
> years for a case like Swartz's "never occurs." She questioned the propriety
> of pressing these charges at all. Referring to decision-making by Ortiz's
> office, she said "this is the example of bad judgment I saw too often,"
> suggesting that a two-year diversion program leading to expunged charges
> would have been more
> fitting.[46](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-46)
>
> Plea negotiations
>
> Swartz's attorney, [Elliot
> Peters](https://en.wikipedia.org/wiki/Elliot_Peters), stated that
> prosecutors at one point offered a plea deal of four months in prison and
> pleading guilty to 13 charges, and warned that if Swartz rejected the deal,
> future deals would be less
> attractive;[47](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-47)
> and that two days before Swartz's death, that "Swartz would have to spend
> six months in prison and plead guilty to 13 charges if he wanted to avoid
> going to
> trial."[48](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-AP_20130114-48)
> Under the six-month deal, after Swartz pled guilty to the 13 charges, the
> government would have argued for a six-month sentence, and Swartz would have
> argued for a lesser sentence; the judge would then be free to assign
> whatever sentence the judge thought appropriate, up to six
> months.[49](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-49)
> Peters later filed a complaint with the DOJ's [Office of Professional
> Responsibility](https://en.wikipedia.org/wiki/Office_of_Professional_Responsibility),
> stating that if Swartz didn't plead guilty, Heymann "threatened that he
> would seek for Mr. Swartz to serve seven years in prison," a difference in
> duration Peters asserts went "far beyond" the disparity encouraged by the
> [plea-bargain
> portion](https://en.wikipedia.org/wiki/Acceptance_of_responsibility) of the
> [Federal Sentencing
> Guidelines](https://en.wikipedia.org/wiki/United_States_Federal_Sentencing_Guidelines).[34](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-p4Peters-34)
>
> Andy Good, Swartz's initial lawyer, told [The Boston
> Globe](https://en.wikipedia.org/wiki/The_Boston_Globe): "I told Heymann the
> kid was a suicide risk. His reaction was a standard reaction in that office,
> not unique to Steve. He said, 'Fine, we'll lock him up.' I'm not saying they
> made Aaron kill himself. Aaron might have done this anyway. I'm saying they
> were aware of the risk, and they were
> heedless."[50](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-cullen-50)
>
> Marty Weinberg, who took the case over from Good, said he nearly negotiated
> a plea bargain in which Swartz would not serve any time. "JSTOR signed off
> on it," he said, "but MIT would
> not."[50](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-cullen-50)
>
> Two days before his death, JSTOR announced on January 9, 2013 that it would
> make "more than 4.5 million articles" available to the public free of
> charge. The "Register & Read" service, in beta for the previous 10 months,
> was capped at three articles every two weeks (78 per year), readable online
> only, with some downloadable for a
> fee.[51](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-LibraryJournal-51)[52](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JSTOR_RaR-52)
>
> After his death, Ortiz's office dismissed the charges against
> Swartz.[2](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Landergan-2)[3](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-DocketAlarm-3)
> She said, "This office's conduct was appropriate in bringing and handling
> this case ... This office sought an appropriate sentence that matched the
> alleged conduct—a sentence that we would recommend to the judge of six
> months in a low security setting ... 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."[53](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-53)[54](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Ortiz2013-54)
>
> On January 12, 2013, [Alex
> Stamos](https://en.wikipedia.org/wiki/Alex_Stamos), a [computer
> forensics](https://en.wikipedia.org/wiki/Computer_forensics) investigator
> employed by the Swartz legal defense team, posted an online summary of the
> [expert testimony](https://en.wikipedia.org/wiki/Expert_witness) he had been
> prepared to present in the JSTOR case, had Swartz lived to see trial. He
> wrote:
>
>> If I had taken the stand as planned and had been asked by the prosecutor
>> whether Aaron's actions were "wrong," I would probably have replied that
>> what Aaron did would better be described as "inconsiderate." In the same
>> way it is inconsiderate ... to check out every book at the library needed
>> for a History 101 paper. It is inconsiderate to download lots of files on
>> shared wifi
>> ...[55](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-55)
>
> Federal prosecutory rationale and responses
>
> U.S. Attorney Ortiz asserted after the 2011 indictment that "stealing is
> stealing, whether you use a computer command or a crowbar, and whether you
> take documents, data or dollars. It is equally harmful to the victim,
> whether you sell what you have stolen or give it
> away."[9](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-SwartzAaronPR-9)[40](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-awl-40)
>
> About the prosecution
>
> At a January 24, 2013 memorial for Swartz, [Carl
> Malamud](https://en.wikipedia.org/wiki/Carl_Malamud) recalled their work
> with PACER. He noted that they had brought millions of U.S. District Court
> records out from behind PACER's "pay wall" and found them full of privacy
> violations.
>
>> We sent our results to the Chief Judges of 31 District Courts ... They
>> redacted those documents and they yelled at the lawyers that filed them
>> ... The Judicial Conference changed their privacy rules.
>>
>> ... [To] the bureaucrats who ran the Administrative Office of the United
>> States Courts ... we were thieves ...
>>
>> So they called the FBI ... [The FBI] found nothing wrong ...
>
> "Was the overly aggressive posture of the Department of Justice prosecutors
> and law enforcement officials," he asked, "revenge because they were
> embarrassed that — in their view at least — we somehow got away with
> something in the PACER incident? Was the merciless JSTOR prosecution the
> revenge of embarrassed bureaucrats because they looked stupid in the New
> York Times, because the U.S. Senate called them on the
> carpet?"[56](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Mercy-56)
>
> Former [Nixon](https://en.wikipedia.org/wiki/Presidency_of_Richard_Nixon)
> [White House](https://en.wikipedia.org/wiki/White_House) counsel [John
> Dean](https://en.wikipedia.org/wiki/John_Dean) wrote an article on the legal
> blog justia.com entitled "Dealing with Aaron Swartz in the Nixonian
> Tradition: Overzealous Overcharging Leads to a Tragic Result", saying "these
> are not people who are conscientiously and fairly upholding our federal
> laws. Rather, they are typically authoritarian personalities who get their
> jollies from shamelessly beating up on unfortunate people like Aaron
> Swartz."[57](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-57)
>
> [George Washington
> University](https://en.wikipedia.org/wiki/George_Washington_University) law
> professor [Orin Kerr](https://en.wikipedia.org/wiki/Orin_Kerr) wrote on
> January 15, 2013 that "the charges brought here were pretty much what any
> good federal prosecutor would have
> charged."[58](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-58)[59](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-59)
> [Duke
> University](https://en.wikipedia.org/wiki/Duke_University_School_of_Law) law
> professor [James
> Boyle](https://en.wikipedia.org/wiki/James_Boyle_(academic)) replied in The
> Huffington Post: "I think that in [Kerr's] descriptions of the facts [and
> of] the issues surrounding prosecutorial discretion ... he tends ... to
> minimize or ignore facts that might put [Swartz] in a more favorable
> light."[60](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-60)
>
> In response to a piece by Larissa MacFarquhar in the [New
> Yorker](https://en.wikipedia.org/wiki/The_New_Yorker), retired journalist
> Jane Scholz objected to what she perceived as an effort "to turn Swartz into
> a hero for facing government prosecution after hacking the JSTOR archive",
> arguing that "Swartz was apparently familiar with laws protecting
> proprietary-information-management systems, so he should not have been
> surprised by the severity of the prosecution's response to his crime. It is
> a crime, and not a victimless one. I am a retired journalist; during my
> working years, my salary depended, and today my pension relies, on people
> paying for copyrighted content. In recent years, as the business that
> supports journalism has declined, thousands of journalists have lost pay,
> benefits, and, ultimately, their jobs. [ ... ] I find it ironic that Swartz
> made several million dollars selling the rights to his own copyrighted
> programming to Conde Nast. Swartz's is a sad story, but it's not a heroic
> one." Law professor Mike Maddison commented on Scholz's letter: "it is
> difficult to find a better example of the glib equation of 'my career isn't
> the success that it once was' and 'somebody committed a crime' that infects
> contemporary dialogues about IP
> rights."[61](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-61)
>
> [David Aaronovitch](https://en.wikipedia.org/wiki/David_Aaronovitch) noted
> in [The Times](https://en.wikipedia.org/wiki/The_Times) that JSTOR was
> itself a "product of philanthropy" but that it had to charge access fees so
> that it could pay [academic
> publishers](https://en.wikipedia.org/wiki/Academic_publisher) for rights to
> their publications. He decried the "reckless" behavior of a generation which
> "cannot be persuaded—yet—that copyright
> matters".[62](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-62)
>
> In contrast, [Peter Ludlow](https://en.wikipedia.org/wiki/Peter_Ludlow) in
> [The Chronicle of Higher
> Education](https://en.wikipedia.org/wiki/The_Chronicle_of_Higher_Education)
> argued that due to the [publish or
> perish](https://en.wikipedia.org/wiki/Publish_or_perish) nature of academia
> and the importance that journals' reputations have, "[w]hen an academic
> signs away copyright to an academic publisher, it amounts to a 'contract of
> adhesion'—meaning a contract in which one party has all the power and it was
> not freely bargained" and that "like the original authors, JSTOR had to
> negotiate its licensing agreements from a position of weakness", which
> Ludlow illustrated with a bargaining agreement from JSTOR's history, which
> stipulated that the publishers "be compensated if there was a loss to their
> (minimal) sales of rights to older materials, and they demanded compensation
> even before JSTOR covered its own expenses". Ludlow concluded that "Until
> academics get their acts together and start using new modes of publication,
> we need to recognize that actions like Aaron Swartz's civil disobedience are
> legitimate."[63](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-63)
>
> Rob Weir, who describes himself as an "associate editor of a very small
> journal", writes in [Inside Higher
> Ed](https://en.wikipedia.org/wiki/Inside_Higher_Ed) that "Many wonder why
> money accrues to those whose only 'creation' is to aggregate the labor of
> others, especially when some form of taxpayer money underwrote many of the
> articles. That's a legitimate concern, but defending Swartz's method
> elevates vigilantism above the rules of law and reason." While he concedes
> that "JSTOR charges university libraries a king's ransom for its services",
> he also argues that "even a modest journal is expensive to produce" and that
> "if you want anyone to read your journal, you'll give it to JSTOR or some
> other aggregator. Unless, of course, you can drum up lots of free
> advertising". He concludes that the "[information wants to be
> free](https://en.wikipedia.org/wiki/Information_wants_to_be_free)" adage
> fails to account for the "hidden costs within the culture of free", and
> proposes that "[there ain't no such thing as a free
> lunch](https://en.wikipedia.org/wiki/There_ain%27t_no_such_thing_as_a_free_lunch)"
> is the appropriate summary of production costs in the [Information
> Age](https://en.wikipedia.org/wiki/Information_Age), which he transmutes to
> "if you can't do the time, don't do the crime" for "hackers and info
> thieves".[64](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-64)
>
> [Tim Wu](https://en.wikipedia.org/wiki/Tim_Wu), writing in [The New
> Yorker](https://en.wikipedia.org/wiki/The_New_Yorker), called out what he
> perceived as lack of proportionality, writing that "The act was harmless — [
> ... ] meaning that there was no actual physical harm, nor actual economic
> harm. The leak was found and plugged; JSTOR suffered no actual economic
> loss. It did not press charges. Like a pie in the face, Swartz's act was
> annoying to its victim, but of no lasting
> consequence."[65](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-65)
> Wu went on to compare Swartz's act with that of [Steve
> Jobs](https://en.wikipedia.org/wiki/Steve_Jobs) and [Steve
> Wozniak](https://en.wikipedia.org/wiki/Steve_Wozniak), who, according to Wu,
> "in the nineteen-seventies, committed crimes similar to, but more
> economically damaging than, Swartz's. Those two men hacked AT&T's telephone
> system to make free long-distance calls, and actually sold the illegal
> devices ([blue boxes](https://en.wikipedia.org/wiki/Blue_box)) to make cash.
> Their mentor, [John Draper](https://en.wikipedia.org/wiki/John_Draper), did
> go to jail for a few months (where he wrote one of the world's first word
> processors), but Jobs and Wozniak were never prosecuted. Instead, they got
> bored of [phreaking](https://en.wikipedia.org/wiki/Phreaking) and built a
> computer. The great ones almost always operate at the edge" writes Wu, in
> support of this thesis that "We can rightly judge a society by how it treats
> its eccentrics and deviant geniuses—and by that measure, we have utterly
> failed [in the case of
> Swartz]."[66](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-66)
>
> About the law
>
> After Boyle's Huffington Post column, Kerr returned to the topic, advocating
> reform of the Computer Fraud and Abuse Act (CFAA) under which Swartz was
> prosecuted. "The problem raised by the Swartz case is ... [that] felony
> liability under the statute is triggered much too easily. The law needs to
> draw a distinction between low-level crimes and more serious crimes, and
> current law does so poorly
> ..."[67](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-OK-67)
>
> [Chris Soghoian](https://en.wikipedia.org/wiki/Chris_Soghoian), a technology
> policy analyst at the [American Civil Liberties
> Union](https://en.wikipedia.org/wiki/American_Civil_Liberties_Union), argued
> similarly, "Existing laws don't recognise the distinction between two types
> of computer crimes: malicious crimes committed for profit ... and cases
> where hackers break into systems to prove their skillfulness or spread
> information that they think should be available to the
> public."[68](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-stuff1-68)
> [Jennifer Granick](https://en.wikipedia.org/wiki/Jennifer_Granick), Director
> of Civil Liberties at the [Stanford Center for Internet and
> Society](https://en.wikipedia.org/wiki/Stanford_Center_for_Internet_and_Society),
> both defended Swartz and challenged the scope of the law under which he was
> prosecuted.[69](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-69)[70](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-70)
>
> Law professor [Stephen L.
> Carter](https://en.wikipedia.org/wiki/Stephen_L._Carter) agrees that the
> prosecution of Swartz was ridiculous, but also lays the blame on Congress
> for creating a new type of federal felony roughly every
> week.[71](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-71)
> Carter considers that the CFAA is a good example of this phenomenon. He
> writes: "Enacted in the 1980s, before the Internet explosion, the statute
> makes a criminal of anyone who 'intentionally accesses a computer without
> authorization or exceeds authorized access' and, in the process, obtains
> financial information, government information or 'information from any
> protected computer.'" Carter then gives the following example: "You're
> sitting in your office, when suddenly you remember that you forgot to pay
> your Visa bill. You take a moment to log on to your bank account, and you
> pay the bill. Then you go back to work. If your employer has a policy
> prohibiting personal use of office computers, then you have exceeded your
> authorized access; since you went to your bank website, you have obtained
> financial information. Believe it or not, you're now a felon. The likelihood
> of prosecution might be small, but you've still committed a crime." Carter
> further writes that the problem with the statute was well-known, and that
> "some federal courts have given the statute's language a narrow
> construction, but others have read it broadly, and the [Obama
> administration](https://en.wikipedia.org/wiki/Obama_administration) has
> opposed efforts in Congress to narrow its scope. [Alex
> Kozinski](https://en.wikipedia.org/wiki/Alex_Kozinski), chief judge of the
> U.S. Court of Appeals for the Ninth Circuit, warned in an opinion last
> spring [of 2012] the government's position 'would make criminals of large
> groups of people who would have little reason to suspect they are committing
> a federal
> crime.'"[72](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-72)
>
> In 2013, [Zoe Lofgren](https://en.wikipedia.org/wiki/Zoe_Lofgren) and [Ron
> Wyden](https://en.wikipedia.org/wiki/Ron_Wyden) have advanced a legislative
> proposal called "[Aaron's Law](https://en.wikipedia.org/wiki/Aaron%27s_Law)"
> to amend the CFAA in order to eliminate the aforementioned vagueness and
> also eliminate the "redundant provisions that enable a person to be punished
> multiple times ... for the same
> crime".[73](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-RonZoe-73)
> In an opinion piece for Wired magazine, they wrote that "This is, in fact,
> what happened to Aaron Swartz — more than a third of the charges in the
> superseding indictment against him were under this redundant CFAA
> provision."[73](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-RonZoe-73)
>
> Reactions, complaints and post-dismissal motions
>
> See also: [Aaron Swartz §
> Aftermath](https://en.wikipedia.org/wiki/Aaron_Swartz#Aftermath)
>
> Speaking at his son's funeral, Robert Swartz said, "[Aaron] was killed by
> the government, and MIT betrayed all of its basic
> principles."[74](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-guy-74)
> [Mitch Kapor](https://en.wikipedia.org/wiki/Mitch_Kapor) posted the
> statement on
> [Twitter](https://en.wikipedia.org/wiki/Twitter).[75](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-75)
> Carmen Ortiz's husband, IBM executive Tom Dolan, replied through his own
> Twitter feed, @TomJDolan, "Truly incredible that in their own son's obit
> they blame others for his death and make no mention of the 6 month
> offer."[76](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Guard-76)
> In [Esquire](https://en.wikipedia.org/wiki/Esquire_(magazine)), [Charlie
> Pierce](https://en.wikipedia.org/wiki/Charlie_Pierce) wrote that "the
> glibness with which her husband and her defenders toss off a 'mere' six
> months in federal prison, low-security or not, is a further indication that
> something is seriously out of whack with the way our prosecutors think these
> days."[77](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-77)
>
> Contacted by [The Guardian](https://en.wikipedia.org/wiki/The_Guardian),
> Ortiz's spokesperson had "no comment" to make on the
> matter;[76](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Guard-76)
> [Reuters](https://en.wikipedia.org/wiki/Reuters) reported being unable to
> contact
> Dolan.[78](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-ReutersMSN-78)
> On January 16, 2013, Ortiz released an official statement, in which she
> reiterated that "I must, however, make clear that this office's conduct was
> appropriate in bringing and handling this case," and that her subordinates
> "took on the difficult task of enforcing a law they had taken an oath to
> uphold, and did so
> reasonably."[78](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-ReutersMSN-78)
>
> On January 28, 2013, the lawyers for Swartz's estate sent a letter to the
> Justice Department accusing Assistant U.S. Attorney Stephen Heymann of
> professional
> misconduct.[33](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Grim-33)[79](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Castillo-79)
> They said Heymann "may have misrepresented to the Court the extent of the
> federal government's [early] involvement in the
> investigation."[80](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Jeralyn-80)
>
>> Emails and reports further illustrated ... that AUSA Heymann was himself
>> involved in the investigation even before Mr. Swartz was arrested on
>> January 6,
>> 2011.[34](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-p4Peters-34)
>
> The lawyers also said Heymann "abused his discretion when he attempted to
> coerce" Swartz into pleading
> guilty:[33](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Grim-33)[79](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Castillo-79)[80](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Jeralyn-80)
>
>> Swartz ... naturally felt extreme pressure to waive his rights ... The
>> difference between an offer of four months and a threat of seven years
>> went far beyond the minimal reduction ... that should properly have
>> applied for [a defendant's] "acceptance of responsibility" under the
>> Sentencing
>> Guidelines.[34](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-p4Peters-34)[80](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Jeralyn-80)
>
> On March 15, the lawyers asked the federal court to modify the protective
> order on Swartz's file to permit public disclosure of the discovery
> materials, including the names and titles of MIT, JSTOR and law enforcement
> employees. The lawyers said that withholding the names would make the
> documents "less intelligible and thus far less useful to
> Congress."[81](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Anderson-81)
> The First Assistant U.S. Attorney for Massachusetts, Jack Pirozzolo, said he
> was taking a role in the discussions and would be asking the court to give
> the affected employees an opportunity to be heard on the proposed
> disclosures.[81](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Anderson-81)
>
> The Department of Justice sought to redact the names of the prosecutors
> involved in the case. On April 3, 2013, a U.S. Attorney's Office
> spokesperson said, "Our argument against it is that not only does it have an
> effect on the people involved in the case, but there's also sometimes a
> residual effect." The Attorney's Office reported threats and hacking
> attempts against prosecutors already known to be involved: "threatening
> emails" received by Ortiz and Heymann, the hacking of Heymann's
> [Facebook](https://en.wikipedia.org/wiki/Facebook) account and that
> "Heymann's father, a Harvard professor, received a postcard with his photo
> in a
> guillotine".[82](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Smith-82)
> The postcard and some email excerpts were published by
> [Wired](https://en.wikipedia.org/wiki/Wired_(magazine))
> magazine.[83](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-83)
>
> On May 13, 2013, the court granted the estate's motion in part, permitting
> public disclosure of much of the material the estate's lawyers had sought to
> have unsealed, provided that the names of MIT and government employees were
> first redacted. The estate's argument for disclosure of these names was
> "substantially outweighed by the interest of the government and the victims
> in shielding their employees from potential retaliation," wrote Judge
> Nathaniel
> Gorton.[84](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Mullin-84)
> The judge also ruled that information disclosing details of computer network
> security at MIT should not be made
> public.[84](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Mullin-84)
> The prosecutors and Swartz's lawyers were ordered to propose the terms of
> the disclosures and redactions by May 27,
> 2013.[84](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-Mullin-84)
>
> [Kevin Poulsen](https://en.wikipedia.org/wiki/Kevin_Poulsen) filed a
> [FOIA](https://en.wikipedia.org/wiki/Freedom_of_Information_Act_(United_States))
> lawsuit and in November 2013 obtained the release of 130 pages from the file
> that the [US Secret
> Service](https://en.wikipedia.org/wiki/United_States_Secret_Service) has on
> Swartz, out of approximately 20,000 pages that the agency has in relation to
> Swartz.[85](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-85)
>
> Of Heymann, [BuzzFeed](https://en.wikipedia.org/wiki/BuzzFeed) has noted:
> "Back in 2008, young hacker [Jonathan
> James](https://en.wikipedia.org/wiki/Jonathan_James) killed himself in the
> midst of a federal investigation led by the same
> prosecutor."[86](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-86)
>
> In January 2013, [WikiLeaks](https://en.wikipedia.org/wiki/WikiLeaks)
> claimed through its Twitter account that Swartz had been in contact with
> [Julian Assange](https://en.wikipedia.org/wiki/Julian_Assange) through 2010
> and 2011, and that Swartz may have been a source of leaked
> materials.[87](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-87)
> If true, this would offer an explanation as to why charges against Swartz
> were pursued by the federal government despite JSTOR dropping charges and
> urging that the government and MIT do the
> same.[88](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-88)
>
> Notes
>
> [^](https://en.wikipedia.org/wiki/United_States_v._Swartz#ref_quantity_downloaded)
> The MIT network administration office told MIT police that "approximately 70
> gigabytes of data had been downloaded, 98% of which was from
> JSTOR."[5](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-IncidentReport-5)
> The first federal indictment alleged "approximately 4.8 million articles ...
> 1.7 million [of which] were made available by independent publishers for
> purchase through JSTOR's Publisher Sales
> Service."[1](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-JulyFedIndictment-1)
> The superseding indictment characterized the amount as "a major portion of
> the total archive in which JSTOR had invested ... " removing the
> estimates.[89](https://en.wikipedia.org/wiki/United_States_v._Swartz#cite_note-89)
>
> See also
>
> - [Academic journal publishing
> reform](https://en.wikipedia.org/wiki/Academic_journal_publishing_reform)
>
> References
>
> -
>
> - [July 2011 Initial Federal Indictment of Aaron
> Swartz](http://s3.documentcloud.org/documents/217115/20110719-schwartz.pdf).
> Posted by [New York Times](https://en.wikipedia.org/wiki/New_York_Times), 19
> July 2011. Retrieved 20 May 2013.
>
> -
>
> - Landergan, Katherine (2013-01-14). ["US District Court drops charges
> against Aaron Swartz - MIT - Your
> Campus"](http://www.boston.com/yourcampus/news/mit/2013/01/us_district_court_drops_charges_against_aaron_swartz.html).
> Boston.com. Retrieved 2013-01-23.
>
> -
>
> - United States v. Swartz,
> [1:11-cr-10260](https://www.docketalarm.com/cases/Massachusetts_District_Court/1--11-cr-10260/USA_v_Swartz/106/),
> 106 ([D.
> Mass.](https://en.wikipedia.org/wiki/United_States_District_Court_for_the_District_of_Massachusetts)
> filed Jan. 14, 2013).
>
> -
>
> - Gerstein, Josh (July 22, 2011). ["MIT also pressing charges against
> hacking
> suspect"](https://www.politico.com/blogs/under-the-radar/2011/07/mit-also-pressing-charges-against-hacking-suspect-037709).
> Politico. Swartz['s] alleged use of MIT facilities and Web connections to
> access the JSTOR database … resulted in two state felony charges for
> breaking into a 'depository' and breaking & entering in the daytime,
> according to local prosecutors.
>
> -
>
> - Commonwealth v. Swartz, [Nos. 11-52CR73 &
> 11-52CR75](http://mitcrimeclub.org/SwartzFilings-state.pdf), MIT Police
> Incident Report ([Mass. Dist.
> Ct.](https://en.wikipedia.org/wiki/Massachusetts_District_Court) dismissed
> Dec. 16, 2011) ("MIT's IS&T Department … explained that they were able to
> determine that this laptop was illegally downloading…. IS&T had put an
> approximate value on the downloaded information at $50,000.… The suspect …
> was arrested for two counts of Breaking and Entering in the daytime with the
> intent to commit a felony.").
>
> -
>
> - Hak, Susana; Paz, Gabriella (January 26, 2011). ["Compilation of December
> 15, 2010–January 20, 2011"](http://mitcrimeclub.org/11pologDec15Jan20.pdf)
> (PDF). Hak–De Paz Police Log Compilations. MIT Crime Club. p. 6. Jan. 6,
> 2:20 p.m., Aaron Swartz, was arrested at 24 Lee Street as a suspect for
> breaking and entering….
>
> -
>
> - Kirschbaum, Connor (August 3, 2011). ["Swartz indicted for JSTOR
> theft"](http://tech.mit.edu/V131/N30/swartz.html). [The
> Tech](https://en.wikipedia.org/wiki/The_Tech_(newspaper)). [Massachusetts
> Institute of
> Technology](https://en.wikipedia.org/wiki/Massachusetts_Institute_of_Technology).
> Retrieved January 12, 2013.
>
> -
>
> - ["September 2012 Superseding Federal Indictment of Aaron
> Swartz"](https://www.wired.com/images_blogs/threatlevel/2012/09/swartzsuperseding.pdf)
> (PDF). wired.com. 2012-09-12. Retrieved 2013-05-20.
>
> -
>
> - US Attorney's Office District of Massachusetts (July 19, 2011). ["Alleged
> Hacker Charged With Stealing Over Four Million Documents from MIT
> Network"](https://web.archive.org/web/20120526080523/http://www.justice.gov/usao/ma/news/2011/July/SwartzAaronPR.html).
> Press release. Archived from [the
> original](https://www.justice.gov/usao/ma/news/2011/July/SwartzAaronPR.html)
> on May 26, 2012. Retrieved January 17, 2013.
>
> -
>
> - [Thomas, Owen](https://en.wikipedia.org/wiki/Owen_Thomas_(writer))
> (January 12, 2013). ["Family of Aaron Swartz Blames MIT, Prosecutors For His
> Death"](http://www.businessinsider.com/statement-family-aaron-swartz-2013-1).
> [Business Insider](https://en.wikipedia.org/wiki/Business_Insider).
> Retrieved January 12, 2013.
>
> -
>
> - ["Aaron Swartz, internet freedom activist, dies aged
> 26"](https://www.bbc.co.uk/news/world-us-canada-21001452). BBC News. January
> 13, 2013. Retrieved 2013-01-13.
>
> -
>
> - ["Aaron Swartz, Tech Prodigy and Internet Activist, Is Dead at
> 26"](http://business.time.com/2013/01/13/tech-prodigy-and-internet-activist-aaron-swartz-commits-suicide/).
> Time. January 13, 2013. Retrieved January 13, 2013.
>
> -
>
> - ["Terms and Conditions of
> Use"](https://www.jstor.org/page/info/about/policies/terms.jsp). JSTOR. New
> York: ITHAKA. January 15, 2013. JSTOR's integrated digital platform is a
> trusted digital repository providing for long-term preservation and access
> to … scholarly materials: journal issues …; manuscripts and monographs; …;
> spatial/geographic information systems data; plant specimens; …
>
> -
>
> - [Granick, Jennifer, Towards Learning from Losing Aaron Swartz: Part 2, The
> Center for Internet and Society at Stanford Law School blog, 15 January
> 2013.](http://cyberlaw.stanford.edu/blog/2013/01/towards-learning-losing-aaron-swartz-part-2)
> Retrieved 26 January 2013.
>
> -
>
> - Lindsay, Jay (July 19, 2011). ["Feds: Harvard fellow hacked millions of
> papers"](https://news.yahoo.com/feds-harvard-fellow-hacked-millions-papers-203301454.html).
> Boston. Associated Press. Retrieved 2013-01-15.
>
> -
>
> - ["JSTOR Statement: Misuse Incident and Criminal
> Case"](http://about.jstor.org/news/jstor-statement-misuse-incident-and-criminal-case).
> JSTOR. Retrieved January 12, 2013.
>
> -
>
> - Carter, Zach; Grim, Ryan; Reilly, Ryan J (January 12, 2013). ["Aaron
> Swartz, Internet Pioneer, Found Dead Amid Prosecutor 'Bullying' In
> Unconventional
> Case"](http://www.huffingtonpost.com/2013/01/12/aaron-swartz_n_2463726.html).
> Huffington Post.
>
> -
>
> - Cohen, Noam (January 20, 2013). ["How M.I.T. ensnared a hacker, bucking a
> freewheeling
> culture"](https://www.nytimes.com/2013/01/21/technology/how-mit-ensnared-a-hacker-bucking-a-freewheeling-culture.html).
> The New York Times. p. A1. 'Suspect is seen on camera entering network
> closet' [in an unlocked building].… Within a mile of MIT … he was stopped by
> an MIT police captain and [U.S. Secret Service agent] Pickett.
>
> -
>
> - Peters, Justin (February 7, 2013). ["The Idealist: Aaron Swartz wanted to
> save the world. Why couldn't he save
> himself?"](https://web.archive.org/web/20130210170319/http://www.slate.com/articles/technology/technology/2013/02/aaron_swartz_he_wanted_to_save_the_world_why_couldn_t_he_save_himself.6.html).
> Slate. N.Y.C. 6. Archived from [the
> original](http://www.slate.com/articles/technology/technology/2013/02/aaron_swartz_he_wanted_to_save_the_world_why_couldn_t_he_save_himself.6.html)
> on February 10, 2013. Retrieved February 10, 2013. The superseding
> indictment … claimed that Swartz had 'contrived to break into a
> restricted-access wiring closet at MIT.' But the closet door had been
> unlocked—and remained unlocked even after the university and authorities
> were aware that someone had been in there trying to access the school's
> network.
>
> -
>
> - [Larissa MacFarquhar](https://en.wikipedia.org/wiki/Larissa_MacFarquhar)
> (March 11, 2013). ["Requiem for a dream: The tragedy of Aaron
> Swartz"](http://www.newyorker.com/reporting/2013/03/11/130311fa_fact_macfarquhar).
> The New Yorker. [Swartz] wrote a script that instructed his computer to
> download articles continuously, something that was forbidden by JSTOR's
> terms of service.… He spoofed the computer's address…. This happened several
> times. MIT traced the requests to his laptop, which he had hidden in an
> unlocked closet.
>
> -
>
> - Merritt, Jeralyn (January 14, 2013). ["MIT to conduct internal probe on
> its role in Aaron Swartz
> case"](http://www.talkleft.com/story/2013/1/14/51325/7871/crimenews/MIT-to-Conduct-Internal-Probe-on-its-Role-in-Aaron-Swartz-Case).
> TalkLeft (blog). Att'y Jeralyn Merritt. The wiring closet was not locked and
> was accessible to the public. If you look at the pictures supplied by the
> Government, you can see graffiti on one wall.
>
> -
>
> - [Lipinski, Pearle and Joseph Maurer, Police Log
> (12/19-2/5)](http://tech.mit.edu/V131/N6/polog.html), [The
> Tech](https://en.wikipedia.org/wiki/The_Tech_(newspaper)), 18 February 2011
> (Volume 131, Issue 6). Retrieved 24 January 2011.
>
> -
>
> - Singel, Ryan (February 27, 2011). ["Rogue academic downloader busted by
> MIT webcam stakeout, arrest report
> says"](https://www.wired.com/threatlevel/2011/07/mit-webcam-swartz/). Wired.
> N.Y.C. Swartz is accused … of stealing the articles by attaching a laptop
> directly to a network switch in … a 'restricted' room, though neither the
> police report nor the indictment [mentions] a door lock or signage
> indicating the room is off-limits.
>
> -
>
> - Kao, Joanna [The Tech’s coverage of Aaron
> Swartz](http://techblogs.mit.edu/news/2013/01/the-techs-coverage-of-aaron-swartz/)
> [Archived](https://web.archive.org/web/20171031182652/http://techblogs.mit.edu/news/2013/01/the-techs-coverage-of-aaron-swartz/)
> 2017-10-31 at the [Wayback
> Machine](https://en.wikipedia.org/wiki/Wayback_Machine) [The
> Tech](https://en.wikipedia.org/wiki/The_Tech_(newspaper)), 12 January 2013.
> Retrieved 18 May 2013
>
> -
>
> - Bilton, Nick (July 19, 2011). ["Internet Activist Charged in Data
> Theft"](http://bits.blogs.nytimes.com/2011/07/19/reddit-co-founder-charged-with-data-theft/).
> Boston: Bits Blog, The New York Times Company. Retrieved July 19, 2011.
>
> -
>
> - Hawkinson, John (November 18, 2011). ["Swartz indicted for breaking and
> entering"](http://tech.mit.edu/V131/N53/swartz.html). The Tech. MIT. p. 11.
> Swartz … was indicted … in Middlesex Superior Court … for breaking and
> entering, larceny over $250, and unauthorized access to a computer network.
>
> -
>
> - ["Cambridge man indicted on breaking & entering charges, larceny charges
> in connection with data
> theft"](http://www.wickedlocal.com/cambridge/news/x1655830732/Reddit-co-founder-indicted-in-connection-with-breaking-into-MIT-server-room)
> (Press release). Middlesex District Attorney. November 17, 2011. Swartz …
> was indicted today on charges of Breaking and Entering with Intent to Commit
> a Felony, Larceny over $250, and Unauthorized Access to a Computer Network
> by a Middlesex Superior Grand Jury.
>
> -
>
> - Hawkinson, John [State drops charges against Swartz; federal charges
> remain](http://tech.mit.edu/V132/N12/swartz.html) [The
> Tech](https://en.wikipedia.org/wiki/The_Tech_(newspaper)), 16 March 2012.
> Retrieved 14 May 2013.
>
> -
>
> - Harold Abelson, Peter A. Diamond, Andrew Grosso, and Douglas W. Pfeiffer
> (July 26, 2013). [Report to the President: MIT and the Prosecution of Aaron
> Swartz](http://swartz-report.mit.edu/docs/report-to-the-president.pdf) (PDF)
> (Report). p. 36. Retrieved June 6, 2017. After the state indictment, Martin
> Weinberg filed demands for discovery. In state prosecutions that involve
> joint investigations with outside law enforcement agencies or foreign
> jurisdictions, Massachusetts state law governing criminal discovery requires
> that the District Attorney obtain from those agencies and jurisdictions
> certain evidence that may be relevant to the case. Some of this evidence was
> in the sole possession of the Boston U.S. Attorney's Office and the U.S.
> Secret Service. Mr. Weinberg demanded this material as discovery from the
> DA's Office, and the USAO refused to produce it to that office. As a result,
> the DA's Office could not comply with the Massachusetts discovery laws so as
> to continue its prosecution, and it dismissed its charges.
>
> -
>
> - Silverglate, Harvey (January 23, 2013). ["The Swartz suicide and the sick
> culture of the
> DOJ"](https://web.archive.org/web/20130129065612/http://masslawyersweekly.com/2013/01/23/the-swartz-suicide-and-the-sick-culture-of-the-doj/).
> Massachusetts Lawyers Weekly. Archived from [the
> original](http://masslawyersweekly.com/2013/01/23/the-swartz-suicide-and-the-sick-culture-of-the-doj/)
> on January 29, 2013. Retrieved April 4, 2013.
>
> -
>
> - [McCullagh, Declan, Swartz didn't face prison until feds took over case,
> report
> says](http://news.cnet.com/8301-13578_3-57565927-38/swartz-didnt-face-prison-until-feds-took-over-case-report-says/),
> [cnet](https://en.wikipedia.org/wiki/CNET), 25 January 2013. Retrieved 7
> February 2013.
>
> -
>
> - Blagdon, Jeff (March 14, 2013). ["US Attorney's Office accused of
> deliberately withholding evidence in Aaron Swartz
> trial"](https://www.theverge.com/2013/3/14/4102792/us-attorneys-office-accused-of-withholding-evidence-in-swartz-trial).
> The Verge. Vox Media. Swartz's laptop … w[as] seized by the Cambridge Police
> Department on January 6th, 2011, when Swartz was first arrested ... Heymann
> had an email proving that the US Attorney's Office, ... not the Cambridge
> Police Department, was calling the shots on the search and seizure.
>
> -
>
> - Grim, Ryan; Reilly, Ryan (March 14, 2013). ["Aaron Swartz lawyers accuse
> prosecutor Stephen Heymann of
> misconduct"](http://www.huffingtonpost.com/2013/03/13/aaron-swartz-prosecutorial-misconduct_n_2867529.html).
> Huffington Post. The handling of the case has already stunted the career of
> U.S. Attorney … Ortiz, who has become politically toxic and is no longer
> discussed seriously as a contender for judicial vacancies.
>
> -
>
> - Peters, Elliot; Daniel Purcell (January 28, 2013). ["Re: United States v.
> Aaron
> Swartz"](https://www.scribd.com/doc/130344110/Aaron-Swartz-Lawyers-Accuse-Prosecutor-Stephen-Heymann-of-Misconduct#page=3).
> Letter to Robin Ashton, Counsel, US Dept of Justice. Keker & Van Nest LLP.
> The [federal prosecutors] remarkably suggest … the Cambridge Police
> Department, not the Secret Service, was in possession of the computer
> equipment…. The Secret Service was plainly in charge of the investigation at
> MIT.
>
> -
>
> - Norton, Quinn (March 3, 2013). ["Life inside the Aaron Swartz
> investigation"](https://www.theatlantic.com/technology/archive/2013/03/life-inside-the-aaron-swartz-investigation/273654/).
> The Atlantic. D.C. Retrieved 2013-03-08.
>
> -
>
> - Madrigal, Alexis (March 3, 2013). ["Editor's note to Quinn Norton's
> account of the Aaron Swartz
> investigation"](https://www.theatlantic.com/technology/archive/2013/03/editors-note-to-quinn-nortons-account-of-the-aaron-swartz-investigation/273666/).
> The Atlantic. D.C. Retrieved 2013-03-08.
>
> -
>
> - Lundin, Leigh (July 31, 2011). ["The Thief Who Stole
> Knowledge"](http://criminalbrief.com/?p=17625). Computer Crimes. Criminal
> Brief.
>
> -
>
> - Schwartz, John (July 19, 2011). ["Open-Access advocate is arrested for
> huge download"](https://www.nytimes.com/2011/07/20/us/20compute.html). The
> New York Times.
>
> -
>
> - Lessig, Lawrence (January 12, 2013). ["Prosecutor as
> bully"](https://lessig.tumblr.com/post/40347463044/prosecutor-as-bully).
> Retrieved January 12, 2013.
>
> -
>
> - [Was Aaron Swartz Stealing? - The
> Awl](http://www.theawl.com/2011/08/was-aaron-swartz-stealing)
>
> -
>
> - Poulsen, Kevin (January 12, 2013). ["Aaron Swartz, Coder and Activist,
> Dead at 26"](https://www.wired.com/threatlevel/2013/01/aaron-swartz/).
> Wired.
>
> -
>
> - McCool, Grant (July 30, 2012). ["Computer Fraud and Abuse Act: The
> 1980s-Era Hacking Law Out Of Step With Today's Internet, Analysts
> Say"](http://www.huffingtonpost.com/2012/07/29/computer-fraud-and-abuse-act_n_1716058.html).
> Huff Post Tech. Reuters. Retrieved 2013-01-17.
>
> -
>
> - Sims, Nancy (October 2011). ["Library licensing and criminal law: The
> Aaron Swartz case"](http://crln.acrl.org/content/72/9/534.full). [College &
> Research Libraries
> News](https://en.wikipedia.org/wiki/College_%26_Research_Libraries_News).
> Association of College and Research Libraries. 72 (9): 534–37.
> [doi](https://en.wikipedia.org/wiki/Doi_(identifier)):[10.5860/crln.72.9.8637](https://doi.org/10.5860%2Fcrln.72.9.8637).
> [ISSN](https://en.wikipedia.org/wiki/ISSN_(identifier))
> [0099-0086](https://www.worldcat.org/issn/0099-0086). Retrieved January 13,
> 2013.
>
> -
>
> - ["US Government Ups Felony Count in JSTOR/Aaron Swartz Case From Four To
> Thirteen"](https://www.techdirt.com/articles/20120917/17393320412/us-government-ups-felony-count-jstoraaron-swartz-case-four-to-thirteen.shtml).
> Tech dirt. 2012-09-17. Retrieved January 12, 2013.
>
> -
>
> - Orin Kerr (January 16, 2013). ["The Criminal Charges Against Aaron Swartz
> Part 2: Prosecutorial
> Discretion"](http://www.volokh.com/2013/01/16/the-criminal-charges-against-aaron-swartz-part-2-prosecutorial-discretion/).
> Retrieved January 16, 2013.
>
> -
>
> - Boeri, David. ["Retired Federal Judge Joins Criticism Over Handling Of
> Swartz
> Case"](http://www.wbur.org/2013/01/16/gertner-criticizes-ortiz-swartz).
> WBUR. Retrieved 17 May 2013. This is the example of bad judgment I saw too
> often." When asked if she was referring to the bad judgement of Carmen
> Ortiz, Gertner responded, "That's right.
>
> -
>
> - Daly, Michael (15 January 2013). ["Aaron Swartz's Unbending Prosecutors
> Insisted on Prison
> Time"](http://www.thedailybeast.com/articles/2013/01/15/aaron-swartz-s-unbending-prosecutors-insisted-on-prison-time.html).
> The Daily Beast. Retrieved 6 January 2017.
>
> -
>
> - Lavoie, Denise (January 14, 2013). ["Mass. lawyer: told federal
> prosecutors Swartz
> suicidal"](http://bigstory.ap.org/article/feds-dismiss-charges-against-swartz-cite-suicide).
> Associated Press.
> [Archived](https://web.archive.org/web/20130116223709/http://bigstory.ap.org/article/feds-dismiss-charges-against-swartz-cite-suicide)
> from the original on January 16, 2013. Retrieved 2013-02-08.
>
> -
>
> - [Orin Kerr](https://en.wikipedia.org/wiki/Orin_Kerr) (16 January 2013).
> ["The Criminal Charges Against Aaron Swartz (Part 2: Prosecutorial
> Discretion)"](http://volokh.com/2013/01/16/the-criminal-charges-against-aaron-swartz-part-2-prosecutorial-discretion/).
> [The Volokh
> Conspiracy](https://en.wikipedia.org/wiki/The_Volokh_Conspiracy). Retrieved
> 6 January 2017.
>
> -
>
> - Cullen, Kevin (January 15, 2013). ["On humanity, a big failure in Aaron
> Swartz
> case"](http://bostonglobe.com/metro/2013/01/15/humanity-deficit/bj8oThPDwzgxBSHQt3tyKI/story.html).
> Boston Globe.
> [Archived](https://web.archive.org/web/20130117062007/http://bostonglobe.com/metro/2013/01/15/humanity-deficit/bj8oThPDwzgxBSHQt3tyKI/story.html)
> from the original on January 17, 2013.
>
> -
>
> - Schwartz, Meredith (January 9, 2013). ["Many JSTOR Journal Archives Now
> Free to
> Public"](https://web.archive.org/web/20130112012740/http://lj.libraryjournal.com/2013/01/academic-libraries/many-jstor-journal-archives-now-free-to-public).
> [Library Journal](https://en.wikipedia.org/wiki/Library_Journal). Archived
> from [the
> original](http://lj.libraryjournal.com/2013/01/academic-libraries/many-jstor-journal-archives-now-free-to-public/)
> on January 12, 2013. Retrieved January 14, 2013.
>
> -
>
> - ["Register & Read"](http://about.jstor.org/rr). About.
> [JSTOR](https://en.wikipedia.org/wiki/JSTOR). Retrieved January 14, 2013.
>
> -
>
> - Laura Smith-Spark (January 17, 2013). ["Prosecutor defends case against
> Aaron Swartz"](http://www.cnn.com/2013/01/17/tech/aaron-swartz-death/). CNN.
> Retrieved January 17, 2013.
>
> -
>
> - [Ortiz, Carmen M.](https://en.wikipedia.org/wiki/Carmen_Ortiz) (Jan 16,
> 2013). ["Statement of United States Attorney Carmen M. Ortiz Regarding The
> Death of Aaron
> Swartz"](https://www.documentcloud.org/documents/557005-statement-of-us-attorney-ortiz-jan-16-2013-pdf.html).
> US Attorney for the District of Massachusetts. Retrieved Jan 17, 2013.
>
> -
>
> - Stamos, Alex (January 12, 2013). ["The truth about Aaron Swartz's
> "crime""](http://unhandled.com/2013/01/12/the-truth-about-aaron-swartzs-crime/).
> Unhandled Exception. The government provided no evidence that these
> downloads caused a negative effect on JSTOR or MIT, except due to silly
> overreactions such as turning off all of MIT's JSTOR access due to downloads
> from a pretty easily identified user agent.
>
> -
>
> - Malamud, Carl (January 24, 2013). ["Aaron's
> Army"](https://public.resource.org/aaron/army/index.html). Speech at
> Memorial for Aaron Swartz. Public.Resource.Org. [T]he bureaucrats who ran
> the Administrative Office of the U.S. Courts … called the FBI…. They found
> nothing wrong.
>
> -
>
> - ["Dealing With Aaron Swartz in the Nixonian Tradition: Overzealous
> Overcharging Leads to a Tragic
> Result"](http://verdict.justia.com/2013/01/25/dealing-with-aaron-swartz-in-the-nixonian-tradition).
> verdict.justia.com. January 25, 2013. Retrieved 2013-01-26.
>
> -
>
> - Lauerman, John (January 15, 2013). ["MIT's embrace of Web freedom clashes
> with hacking
> case"](https://www.bloomberg.com/news/2013-01-15/mit-s-embrace-of-web-freedom-clashes-with-hacking-case.html).
> Bloomberg. N.Y.C.
>
> -
>
> - Kerr, Orin (January 14, 2013). ["The criminal charges against Aaron Swartz
> (Part 1: The law)"](http://www.volokh.com/2013/01/14/aaron-swartz-charges/).
> The Volokh Conspiracy. Eugene Volokh.
>
> -
>
> - Boyle, James (January 18, 2013). ["The Prosecution of Aaron Swartz: A
> reply to Orin
> Kerr"](http://www.huffingtonpost.com/james-boyle/prosecution-aaron-swartz_b_2508242.html).
> Huffington Post.
>
> -
>
> - [Copyright Crime: The Legacy of Aaron Swartz |
> madisonian.net](http://madisonian.net/2013/03/23/copyright-crime-the-legacy-of-aaron-swartz/)
>
> -
>
> - Aaronovitch, David (January 17, 2013). ["Even if everything's free, there
> can be a price: The death of hacker Aaron Swartz reveals a young generation
> unaware of its own great power–or
> responsibilities"](http://www.thetimes.co.uk/tto/opinion/columnists/davidaaronovitch/article3659687.ece).
> The Times. p. 23. Retrieved 2013-01-20.
>
> -
>
> - [Aaron Swartz Was Right - The Chronicle Review - The Chronicle of Higher
> Education](https://chronicle.com/article/Aaron-Swartz-Was-Right/137425/)
>
> -
>
> - [Essay argues that Aaron Swartz was wrong | Inside Higher
> Ed](http://www.insidehighered.com/views/2013/01/22/essay-argues-aaron-swartz-was-wrong)
>
> -
>
> - [Will Aaron Swartz's suicide spark copyright reform? - The
> Week](http://theweek.com/article/index/238778/will-aaron-swartzs-suicide-spark-copyright-reform)
>
> -
>
> - [How the Legal System Failed Aaron Swartz-and Us : The New
> Yorker](http://www.newyorker.com/online/blogs/newsdesk/2013/01/everyone-interesting-is-a-felon.html?currentPage=all)
>
> -
>
> - Kerr, Oren, [Aaron’s Law, Drafting the Best Limits of the CFAA, And A
> Reader Poll on A Few
> Examples](http://www.volokh.com/2013/01/27/aarons-law-drafting-the-best-limits-of-the-cfaa-and-a-reader-poll-on-a-few-examples-part-i/)
> [Volokh Conspiracy](https://en.wikipedia.org/wiki/The_Volokh_Conspiracy), 27
> January 2013. Retrieved 23 April 2013.
>
> -
>
> - Wagner, Daniel; Verena Dobnik (January 13, 2013). ["Swartz' death fuels
> debate over computer
> crime"](http://bigstory.ap.org/article/swartz-death-fuels-debate-over-computer-crime).
> Associated Press. JSTOR's attorney, Mary Jo White — formerly the top federal
> prosecutor in Manhattan — had called the lead Boston prosecutor in the case
> and asked him to drop it, said Peters.
>
> -
>
> - ["Towards Learning from Losing Aaron Swartz: Part
> 2"](http://cyberlaw.stanford.edu/blog/2013/01/towards-learning-losing-aaron-swartz-part-2).
> Cyberlaw.stanford.edu. January 15, 2013. Retrieved 2013-01-20.
>
> -
>
> - ["With the CFAA, Law and Justice Are Not The Same: A Response to Orin
> Kerr"](http://cyberlaw.stanford.edu/blog/2013/01/cfaa-law-and-justice-are-not-same-response-orin-kerr).
> Cyberlaw.stanford.edu. 2013-01-14. Retrieved 2013-01-20.
>
> -
>
> - [CBA National Magazine - Copyright and "I'm right to nuke you"
> ethics](http://www.nationalmagazine.ca/Blog/January_2013/Copyright_and_I_m_right_to_nuke_you_ethics.aspx)
>
> -
>
> - ["The Overzealous Prosecution of Aaron
> Swartz"](https://www.bloomberg.com/news/2013-01-17/the-overzealous-prosecution-of-aaron-swartz.html).
> Bloomberg.
>
> -
>
> - Lofgren, Zoe and Ron Wyden, ["Introducing Aaron's Law, a Desperately
> Needed Reform of the Computer Fraud and Abuse
> Act"](https://www.wired.com/opinion/2013/06/aarons-law-is-finally-here/),
> Wired, 20 June 2013. Retrieved 9 December 2013.
>
> -
>
> - Guy, Sandra (January 15, 2013). ["Aaron Swartz was 'killed by government,'
> father says at
> funeral"](http://www.suntimes.com/business/17594002-420/aaron-swartz-memorialized-at-service.html).
> Chicago Sun-Times.
>
> -
>
> - [Murphey, Shelly, US attorney's husband stirs Twitter storm on Swartz
> case](http://bostonglobe.com/metro/2013/01/16/attorney-husband-causes-backlash-twitter-with-posts-hacker-suicide/3Vm20xBaXXtYk6KgolSUxO/story.html),
> [The Boston Globe](https://en.wikipedia.org/wiki/The_Boston_Globe), 16
> January 2013. Retrieved 9 December 2013.
>
> -
>
> - [Aaron Swartz: husband of prosecutor criticises internet activist's family
> | Technology |
> theguardian.com](https://www.theguardian.com/technology/2013/jan/15/aaron-swartz-husband-prosecutor-criticises)
>
> -
>
> - Pierce, Charles P. (January 17, 2013). ["Still More About The Death Of
> Aaron
> Swartz"](http://www.esquire.com/blogs/politics/aaron-swartz-case-011713),
> [Esquire](https://en.wikipedia.org/wiki/Esquire_(magazine)). Retrieved
> January 18, 2013.
>
> -
>
> - ["Prosecutor defends her actions after Aaron Swartz
> suicide"](https://web.archive.org/web/20131213183321/http://news.msn.com/science-technology/prosecutor-defends-her-actions-after-aaron-swartz-suicide).
> Archived from [the
> original](https://news.msn.com/science-technology/prosecutor-defends-her-actions-after-aaron-swartz-suicide)
> on 2013-12-13. Retrieved 2013-12-10.
>
> -
>
> - Castillo, Michael (March 14, 2003). ["J'accuse! Aaron Swartz's lawyers
> fight prosecutors with document
> dump"](http://upstart.bizjournals.com/news/technology/2013/03/14/aaron-swartz-lawyers-release-information.html?page=all).
> Upstart Business Journal.
>
> -
>
> - Merritt, Jeralyn (March 13, 2013). ["Aaron Swartz lawyers seek misconduct
> review against
> prosecutor"](http://www.talkleft.com/story/2013/3/13/21474/4122/misconduct/Aaron-Swartz-Lawyers-Seek-Misconduct-Review-Against-Prosecutor).
> TalkLeft (blog). Att'y Jeralyn Merritt.
>
> -
>
> - Anderson, Derek (March 16, 2013). ["Swartz estate seeks release of
> documents: Papers are under protective
> order"](http://bostonglobe.com/metro/2013/03/15/aaron-swartz-defense-estate-files-motion-release-discovery-materials-government-investigation/yfODHJhOVDcJHArBPYv4qK/story.html).
> Boston Globe. p. B2. Pirozzolo … has become involved in the Swartz case.
>
> -
>
> - Smith, Erin (April 3, 2013). ["U.S. attorney: Keep names out of Aaron
> Swartz
> case"](http://bostonherald.com/news_opinion/local_coverage/2013/04/us_attorney_keep_names_out_of_aaron_swartz_case).
> Boston Herald. Threatening emails have been sent to … Ortiz and … Heymann.
>
> -
>
> - Kravets, David (April 2, 2013). ["Aaron Swartz's Prosecutors Were
> Threatened and Hacked, DOJ
> Says"](https://www.wired.com/threatlevel/2013/04/swartz-prosecutors-threatened).
> Wired.
>
> -
>
> - Mullin, Joe [Aaron Swartz prosecutors will unseal evidence, but won’t name
> names](https://arstechnica.com/tech-policy/2013/05/aaron-swartz-prosecutors-must-unseal-evidence-but-wont-name-names/)
> 13 May 2013, [arstechnica](https://en.wikipedia.org/wiki/Arstechnica).
> Retrieved 26 May 2013.
>
> -
>
> - Poulsen, Kevin (November 7, 2013). ["Secret Service Report Noted Aaron
> Swartz's 'Depression
> Problems'"](https://www.wired.com/threatlevel/2013/11/swartz-foia-november/).
> Wired.
>
> -
>
> - ["Internet Activist's Prosecutor Linked to Another Hacker's
> Death"](https://www.buzzfeed.com/justinesharrock/internet-activists-prosecutor-linked-to-another-h).
> [BuzzFeed](https://en.wikipedia.org/wiki/BuzzFeed).
>
> -
>
> - ["WikiLeaks claims Aaron Swartz was an ally and possible source, breaking
> anonymity"](https://www.theverge.com/2013/1/19/3893268/wikileaks-tweets-aaron-swartz-was-ally-and-possibly-source).
> 19 January 2013.
>
> -
>
> - ["Aaron Swartz Case: US DOJ Drops All Pending Charges Against The JSTOR
> Liberator, Days After His
> Suicide"](https://www.ibtimes.com/aaron-swartz-case-us-doj-drops-all-pending-charges-against-jstor-liberator-days-after-his-suicide).
> [International Business
> Times](https://en.wikipedia.org/wiki/International_Business_Times). 15
> January 2013.
>
> -
>
> - ["Superseding Indictment, USA v. Swartz, 1:11-cr-10260, No. 53 (D.Mass.
> Sep. 12,
> 2012)"](https://www.docketalarm.com/cases/Massachusetts_District_Court/1--11-cr-10260/USA_v_Swartz/53/).
> Docketalarm.com. 2012-09-12. Retrieved 2013-01-23..
>
> External links
>
> - [Case Docket: USA v.
> Swartz](https://archive.org/details/gov.uscourts.mad.137971)
>
> - ["Overview"](http://docs.jstor.org/). JSTOR Evidence in United States vs.
> Aaron Swartz. [JSTOR](https://en.wikipedia.org/wiki/JSTOR) [open access
> publication – free to read](https://en.wikipedia.org/wiki/Open_access). July
> 30, 2013.
> [Archived](https://web.archive.org/web/20130923020057/http://docs.jstor.org/)
> from the original on September 23, 2013.
>
> - ["Summary of Events"](http://docs.jstor.org/summary.html). JSTOR Evidence
> in United States vs. Aaron Swartz.
> [JSTOR](https://en.wikipedia.org/wiki/JSTOR) [open access publication – free
> to read](https://en.wikipedia.org/wiki/Open_access). July 30, 2013.
> [Archived](https://web.archive.org/web/20130921064511/http://docs.jstor.org/summary.html)
> from the original on September 21, 2013.
>
> - ["Documents"](http://docs.jstor.org/documents.html). JSTOR Evidence in
> United States vs. Aaron Swartz. [JSTOR](https://en.wikipedia.org/wiki/JSTOR)
> [open access publication – free to
> read](https://en.wikipedia.org/wiki/Open_access). July 30, 2013.
> [Archived](https://web.archive.org/web/20130815222515/http://docs.jstor.org/documents.html)
> from the original on August 15, 2013.. Over 300 subpoenaed documents
> available for download.
> - [Guerilla Open Access
> Manifesto](https://en.wikisource.org/wiki/Guerilla_Open_Access_Manifesto)


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