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.   (
   [1]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

References

   1. file:///var/lib/mailman/archives/private/cypherpunks/attachments/20131231/0be5ad5a/attachment-0001-tmp.html