Aaron Hillel Swartz (November 8, 1986 – January 11, 2013) was an American
computer programmer
A computer programmer, sometimes referred to as a software developer, a software engineer, a programmer or a coder, is a person who creates computer programs — often for larger computer software.
A programmer is someone who writes/creates ...
, entrepreneur, writer, political organizer, and Internet hacktivist. A prolific programmer, Swartz helped develop the
web feed
On the World Wide Web, a web feed (or news feed) is a data format used for providing users with frequently updated content. Content distributors ''Web syndication, syndicate'' a web feed, thereby allowing users to ''subscribe'' a channel to it b ...
format
RSS
RSS ( RDF Site Summary or Really Simple Syndication) is a web feed that allows users and applications to access updates to websites in a standardized, computer-readable format. Subscribing to RSS feeds can allow a user to keep track of many di ...
, the technical architecture for
Creative Commons
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has releas ...
–an organization dedicated to creating copyright licenses, the website framework web.py, and
Markdown
Markdown is a lightweight markup language for creating formatted text using a plain-text editor. John Gruber and Aaron Swartz created Markdown in 2004 as a markup language that is appealing to human readers in its source code form. Markdown i ...
, a
lightweight markup language
A lightweight markup language (LML), also termed a simple or humane markup language, is a markup language with simple, unobtrusive syntax. It is designed to be easy to write using any generic text editor and easy to read in its raw form. Lightwei ...
format. Swartz was involved in the development of the
social news
Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not.
Etymology
The word "social" derives from ...
aggregation website
Reddit
Reddit (; stylized in all lowercase as reddit) is an American social news news aggregator, aggregation, Review site#Rating site, content rating, and Internet forum, discussion website. Registered users (commonly referred to as "Redditors") subm ...
until his departure from the company in 2007. He is often credited as a
martyr
A martyr (, ''mártys'', "witness", or , ''marturia'', stem , ''martyr-'') is someone who suffers persecution and death for advocating, renouncing, or refusing to renounce or advocate, a religious belief or other cause as demanded by an external ...
and a prodigy, and his work focused on civic awareness and activism.
After Reddit was sold to
in 2006, Swartz became more involved in activism, helping launch the
Progressive Change Campaign Committee
The Progressive Change Campaign Committee (PCCC) is an American political action committee (PAC) associated with the progressive movement. The PCCC invests in advocacy campaigns and progressive candidates running for office in the United States ...
in 2009. In 2010, he became a
research fellow
A research fellow is an academic research position at a university or a similar research institution, usually for academic staff or faculty members. A research fellow may act either as an independent investigator or under the supervision of a p ...
at
Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
's Safra Research Lab on Institutional Corruption, directed by
Lawrence Lessig
Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...
. He founded the online group Demand Progress, known for its campaign against the
Stop Online Piracy Act
The Stop Online Piracy Act (SOPA) was a controversial proposed United States congressional bill to expand the ability of U.S. law enforcement to combat online copyright infringement and online trafficking in counterfeit goods. Introduced on O ...
.
On January 6, 2011, Swartz was arrested by Massachusetts Institute of Technology (MIT) police on state breaking-and-entering charges, after connecting a computer to the MIT network in an unmarked and unlocked closet, and setting it to download
academic journal
An academic journal or scholarly journal is a periodical publication in which scholarship relating to a particular academic discipline is published. Academic journals serve as permanent and transparent forums for the presentation, scrutiny, and ...
articles systematically from
JSTOR
JSTOR (; short for ''Journal Storage'') is a digital library founded in 1995 in New York City. Originally containing digitized back issues of academic journals, it now encompasses books and other primary sources as well as current issues of j ...
using a guest user account issued to him by MIT. Federal prosecutors, led by Carmen Ortiz, later charged him with two counts of
wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
and eleven violations of the
Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law (), which had been included in the Comprehensive Crime Control Act of 1984. The law p ...
, carrying a cumulative maximum penalty of $1 million in fines, 35 years in prison,
asset forfeiture
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This ...
,
restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...
, and
supervised release
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
. Swartz declined a
plea bargain
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defend ...
under which he would have served six months in federal prison. Two days after the prosecution rejected a counter-offer by Swartz, he was found dead in his
Brooklyn
Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York (state), New York. Kings County is the most populous Administrative divisions of New York (state)#County, county in the State of New York, ...
apartment. In 2013, Swartz was inducted posthumously into the Internet Hall of Fame.
Chicago
(''City in a Garden''); I Will
, image_map =
, map_caption = Interactive Map of Chicago
, coordinates =
, coordinates_footnotes =
, subdivision_type = List of sovereign states, Count ...
, into a Jewish family. He was the eldest child of Susan and Robert Swartz and brother to Noah and Ben Swartz. He was an
atheist
Atheism, in the broadest sense, is an absence of belief in the existence of deities. Less broadly, atheism is a rejection of the belief that any deities exist. In an even narrower sense, atheism is specifically the position that there no ...
. His father founded the software firm Mark Williams Company. At an early age, Swartz immersed himself in the study of computers, programming, the Internet, and
Internet culture
Internet culture is a culture based on the many way people have used computer networks and their use for communication, entertainment, business, and recreation. Some features of Internet culture include online communities, gaming, and social med ...
. He attended North Shore Country Day School, a small private school near Chicago, until 9th grade, when he left high school and enrolled in courses at
Lake Forest College
Lake Forest College is a private liberal arts college in Lake Forest, Illinois. Founded in 1857 as Lind University by a group of Presbyterian ministers, the college has been coeducational since 1876 and an undergraduate-focused liberal arts ins ...
.
In 1999, at age 12, he created the website The Info Network, a user-generated encyclopedia. The site won the ArsDigita Prize, given to young people who create "useful, educational, and collaborative" noncommercial websites and led to early recognition of Swartz's nascent talent in coding. At age 14, he became a member of the
working group
A working group, or working party, is a group of experts working together to achieve specified goals. The groups are domain-specific and focus on discussion or activity around a specific subject area. The term can sometimes refer to an interdis ...
that authored the
RSS 1.0
RSS ( RDF Site Summary or Really Simple Syndication) is a web feed that allows users and applications to access updates to websites in a standardized, computer-readable format. Subscribing to RSS feeds can allow a user to keep track of many d ...
specification
A specification often refers to a set of documented requirements to be satisfied by a material, design, product, or service. A specification is often a type of technical standard.
There are different types of technical or engineering specificat ...
. A year later, he became involved in the
Creative Commons
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has releas ...
organization. In 2005, he enrolled at Stanford University but left the school after his first year.
Entrepreneurship
During Swartz's first year at Stanford, he applied to Y Combinator's first Summer Founders Program, proposing to work on a startup called Infogami, a flexible
content management system
A content management system (CMS) is computer software used to manage the creation and modification of digital content ( content management).''Managing Enterprise Content: A Unified Content Strategy''. Ann Rockley, Pamela Kostur, Steve Manning. New ...
designed to create rich and visually interesting websites or a form of wiki for structured data. After working on it with co-founder Simon Carstensen over the summer of 2005, Swartz opted not to return to Stanford, choosing instead to continue to develop and seek funding for Infogami.
As part of his work on Infogami, Swartz created the web.py web application framework because he was unhappy with other available systems in the
Python programming language
Python is a high-level, general-purpose programming language. Its design philosophy emphasizes code readability with the use of significant indentation.
Python is dynamically-typed and garbage-collected. It supports multiple programming par ...
. In early fall of 2005, he worked with his fellow co-founders of another nascent Y-Combinator firm,
Reddit
Reddit (; stylized in all lowercase as reddit) is an American social news news aggregator, aggregation, Review site#Rating site, content rating, and Internet forum, discussion website. Registered users (commonly referred to as "Redditors") subm ...
, to rewrite its
Lisp
A lisp is a speech impairment in which a person misarticulates sibilants (, , , , , , , ). These misarticulations often result in unclear speech.
Types
* A frontal lisp occurs when the tongue is placed anterior to the target. Interdental lispi ...
codebase using Python and web.py. Although Infogami's platform was abandoned after Not a Bug was acquired, Infogami's software was used to support the
Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music ...
's
Open Library
Open Library is an online project intended to create "one web page for every book ever published". Created by Aaron Swartz, Brewster Kahle, Alexis Rossi, Anand Chitipothu, and Rebecca Malamud, Open Library is a project of the Internet Archive, ...
project and the web.py web framework was used as basis for many other projects by Swartz and many others.
When Infogami failed to find further funding, Y-Combinator organizers suggested Infogami merge with
Reddit
Reddit (; stylized in all lowercase as reddit) is an American social news news aggregator, aggregation, Review site#Rating site, content rating, and Internet forum, discussion website. Registered users (commonly referred to as "Redditors") subm ...
, which it did in November 2005, creating a new firm, Not a Bug, devoted to promoting both products. As a result, Swartz was given the title of co-founder of Reddit. Although both projects initially struggled, Reddit made large gains in popularity in 2005–2006.
In October 2006, based largely on Reddit's success, Not a Bug was acquired by
'' magazine. Swartz moved with his company to San Francisco to continue to work on Reddit for ''Wired''. He found corporate office life uncongenial and ultimately was asked to resign from the company. In September 2007, he joined Infogami co-founder Simon Carstensen to launch a new firm, Jottit, in another attempt to create a
markdown
Markdown is a lightweight markup language for creating formatted text using a plain-text editor. John Gruber and Aaron Swartz created Markdown in 2004 as a markup language that is appealing to human readers in its source code form. Markdown i ...
-driven
content management system
A content management system (CMS) is computer software used to manage the creation and modification of digital content ( content management).''Managing Enterprise Content: A Unified Content Strategy''. Ann Rockley, Pamela Kostur, Steve Manning. New ...
In 2008, Swartz founded Watchdog.net, "the good government site with teeth," to aggregate and visualize data about politicians. That year, he wrote a widely circulated '' Guerilla Open Access Manifesto''. On December 27, 2010, he filed a Freedom of Information Act (FOIA) request to learn about the treatment of
Chelsea Manning
Chelsea Elizabeth Manning (born Bradley Edward Manning; December 17, 1987) is an American activist and whistleblower. She is a former United States Army soldier who was convicted by court-martial in July 2013 of violations of the Espionage ...
, alleged source for
WikiLeaks
WikiLeaks () is an international non-profit organisation that published news leaks and classified media provided by anonymous sources. Julian Assange, an Australian Internet activist, is generally described as its founder and director and ...
.
PACER
In 2008, Swartz downloaded about 2.7 million federal court documents stored in the PACER (Public Access to Court Electronic Records) database managed by the
Administrative Office of the United States Courts
The Administrative Office of the United States Courts (AO) is the administrative agency of the United States federal court system, established in 1939. The central support entity for the federal judicial branch, the AO provides a wide range of ...
Ars Technica
''Ars Technica'' is a website covering news and opinions in technology, science, politics, and society, created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews, and guides on issues such as computer hardware and software, sc ...
, February 8, 2013. Retrieved March 8, 2013.
The ''Huffington Post'' characterized his actions this way: "Swartz downloaded public court documents from the PACER system in an effort to make them available outside of the expensive service. The move drew the attention of the FBI, which ultimately decided not to press charges as the documents were, in fact, public."
PACER was charging 8 cents per page for information that Carl Malamud, who founded the nonprofit group Public.Resource.Org, contended should be free, because federal documents are not covered by copyright. The fees were "plowed back to the courts to finance technology, but the system ana budget surplus of some $150 million, according to court reports," reported ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
''. PACER used technology that was "designed in the bygone days of screechy telephone modems ... putting the nation's legal system behind a wall of cash and kludge." Malamud appealed to fellow activists, urging them to visit one of 17 libraries conducting a free trial of the PACER system, download court documents, and send them to him for public distribution.
After reading Malamud's call for action, Swartz used a Perl computer script running on Amazon cloud servers to download the documents, using credentials belonging to a Sacramento library. From September 4 to 20, 2008, it accessed documents and uploaded them to a
cloud computing
Cloud computing is the on-demand availability of computer system resources, especially data storage ( cloud storage) and computing power, without direct active management by the user. Large clouds often have functions distributed over m ...
service. He released the documents to Malamud's organization.
On September 29, 2008, the GPO suspended the free trial, "pending an evaluation" of the program. Swartz's actions were subsequently investigated by the FBI. The case was closed after two months with no charges filed. Swartz learned the details of the investigation after filing a FOIA request with the FBI, and described their response as the "usual mess of confusions that shows the FBI's lack of sense of humor." PACER still charges per page, but customers using
Firefox
Mozilla Firefox, or simply Firefox, is a free and open-source web browser developed by the Mozilla Foundation and its subsidiary, the Mozilla Corporation. It uses the Gecko rendering engine to display web pages, which implements current and ...
,
Chrome
Chrome may refer to:
Materials
* Chrome plating, a process of surfacing with chromium
* Chrome alum, a chemical used in mordanting and photographic film
Computing
* Google Chrome, a web browser developed by Google
** ChromeOS, a Google Chrome- ...
, or
Safari
A safari (; ) is an overland journey to observe wild animals, especially in eastern or southern Africa. The so-called "Big Five" game animals of Africa – lion, leopard, rhinoceros, elephant, and Cape buffalo – particularly form an importa ...
have the option of saving the documents for free public access with a plug-in called RECAP.
At a 2013 memorial for Swartz, Malamud recalled their work with PACER. They brought millions of U.S. District Court records out from behind PACER's "pay wall", he said, and found them full of privacy violations, including medical records and the names of minor children and confidential informants.
A more detailed account of his collaboration with Swartz on the PACER project appears in an essay on Malamud's website.
Writing in ''
Ars Technica
''Ars Technica'' is a website covering news and opinions in technology, science, politics, and society, created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews, and guides on issues such as computer hardware and software, sc ...
'', Timothy Lee, who later made use of the documents obtained by Swartz as a co-creator of RECAP, offered some insight into discrepancies in reports on how much data Swartz downloaded: "In a back-of-the-envelope calculation a few days before the offsite crawl was shut down, Swartz guessed he got around 25 percent of the documents in PACER. ''The New York Times'' similarly reported Swartz had downloaded "an estimated 20 percent of the entire database". Based on the facts that Swartz downloaded 2.7 million documents while PACER, at the time, contained 500 million, Lee concluded that Swartz downloaded less than 1% of the database.
Progressive Change Campaign Committee
In 2009, wanting to learn about effective activism, Swartz helped launch the
Progressive Change Campaign Committee
The Progressive Change Campaign Committee (PCCC) is an American political action committee (PAC) associated with the progressive movement. The PCCC invests in advocacy campaigns and progressive candidates running for office in the United States ...
. He wrote in his blog: "I spend my days experimenting with new ways to get progressive policies enacted and progressive politicians elected." He led the first activism event of his career with the Progressive Change Campaign Committee, delivering thousands of "Honor Kennedy" petition signatures to Massachusetts legislators, asking them to fulfill former Senator
Ted Kennedy
Edward Moore Kennedy (February 22, 1932 – August 25, 2009) was an American lawyer and politician who served as a United States senator from Massachusetts for almost 47 years, from 1962 until his death in 2009. A member of the Democratic ...
's last wish by appointing a senator to vote for healthcare reform.
Demand Progress
In 2010, Swartz co-founded Demand Progress, a political advocacy group that organizes people online to "take action by contacting Congress and other leaders, funding pressure tactics, and spreading the word" about civil liberties, government reform, and other issues.
During academic year 2010–11, Swartz conducted research studies on political corruption as a Lab Fellow in Harvard University's Edmond J. Safra Research Lab on Institutional Corruption.
Author
Cory Doctorow
Cory Efram Doctorow (; born July 17, 1971) is a Canadian-British blogger, journalist, and science fiction author who served as co-editor of the blog '' Boing Boing''. He is an activist in favour of liberalising copyright laws and a proponent o ...
, in his novel ''
Homeland
A homeland is a place where a cultural, national, or racial identity has formed. The definition can also mean simply one's country of birth. When used as a proper noun, the Homeland, as well as its equivalents in other languages, often has ethn ...
'', "drew on advice from Swartz in setting out how his protagonist could use the information now available about voters to create a grass-roots anti-establishment political campaign." In an
afterword
An afterword is a literary device that is often found at the end of a piece of literature. It generally covers the story of how the book came into being, or of how the idea for the book was developed.
An afterword may be written by someone oth ...
to the novel, Swartz wrote: "These political hacktivist tools can be used by anyone motivated and talented enough.... Now it's up to you to change the system. ... Let me know if I can help."
Opposition to the Stop Online Piracy Act (SOPA)
Swartz was involved in the campaign to prevent passage of the
Stop Online Piracy Act
The Stop Online Piracy Act (SOPA) was a controversial proposed United States congressional bill to expand the ability of U.S. law enforcement to combat online copyright infringement and online trafficking in counterfeit goods. Introduced on O ...
(SOPA), which sought to combat Internet copyright violations but was criticized on the basis that it would make it easier for the U.S. government to shut down web sites accused of violating copyright and would place intolerable burdens on Internet providers. After the bill's defeat, Swartz was the keynote speaker at the F2C:Freedom to Connect 2012 event in Washington, D.C., on May 21, 2012. In his speech, "How We Stopped SOPA", he said:
He added, "We won this fight because everyone made themselves the hero of their own story. Everyone took it as their job to save this crucial freedom." He was referring to a series of protests against the bill by numerous websites, described by the
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ...
as the biggest protest in Internet history, with over 115,000 sites posting their opposition. Swartz also spoke on the topic at an event organized by ThoughtWorks.
Wikipedia
Swartz participated in Wikipedia since August 2003 under the username AaronSw. In 2006, he ran unsuccessfully for the
Wikimedia Foundation
The Wikimedia Foundation, Inc., or Wikimedia for short and abbreviated as WMF, is an American 501(c)(3) nonprofit organization headquartered in San Francisco, California and registered as a charitable foundation under local laws. Best kno ...
's Board of Trustees.
In 2006, Swartz wrote an analysis of how Wikipedia articles are written, and concluded that the bulk of its content came from tens of thousands of occasional contributors, or "outsiders," each of whom made few other contributions to the site, while a core group of 500 to 1,000 regular editors tended to correct spelling and other formatting errors. He said: "The formatters aid the contributors, not the other way around." His conclusions, based on the analysis of edit histories of several randomly selected articles, contradicted the opinion of Wikipedia co-founder
Jimmy Wales
Jimmy Donal Wales (born August 7, 1966), also known on Wikipedia by the pseudonym Jimbo, is an American-British Internet entrepreneur, webmaster, and former financial trader. He is a co-founder of the online non-profit encyclopedia Wikip ...
, who believed the core group of regular editors provided most of the content while thousands of others contributed to formatting issues. Swartz came to his conclusions by counting the number of characters editors added to particular articles, while Wales counted the total number of edits.
''United States v. Aaron Swartz'' case
According to state and federal authorities, Swartz used
JSTOR
JSTOR (; short for ''Journal Storage'') is a digital library founded in 1995 in New York City. Originally containing digitized back issues of academic journals, it now encompasses books and other primary sources as well as current issues of j ...
academic journal
An academic journal or scholarly journal is a periodical publication in which scholarship relating to a particular academic discipline is published. Academic journals serve as permanent and transparent forums for the presentation, scrutiny, and ...
articles through MIT's computer network over the course of a few weeks in late 2010 and early 2011. Visitors to MIT's "open campus" were authorized to access JSTOR through its network; Swartz, as a research fellow at Harvard University, also had a JSTOR account.
The download
On September 25, 2010, the
IP address
An Internet Protocol address (IP address) is a numerical label such as that is connected to a computer network that uses the Internet Protocol for communication.. Updated by . An IP address serves two main functions: network interface ident ...
18.55.6.215, part of the MIT network, began sending hundreds of PDF download requests per minute to the JSTOR website, enough to slow the site's performance. This prompted a block of the IP address. In the morning, another IP address, also from within the MIT network, began sending more PDF download requests, resulting in a temporary block on the firewall level of all MIT computers in the entire 18.0.0.0/8 range. A JSTOR employee emailed MIT on September 29, 2010:
According to authorities, Swartz downloaded the documents through a laptop connected to a networking switch in a controlled-access wiring closet at MIT. The closet's door was kept unlocked, according to press reports. When it was discovered, a video camera was placed in the room to record Swartz; his computer was left untouched. Recording was stopped once Swartz was identified; but rather than pursue a civil lawsuit against him, JSTOR reached a settlement with him in June 2011 where he surrendered the downloaded data.
On July 30, 2013, JSTOR released 300 partially redacted documents used as incriminating evidence against Swartz, originally sent to the United States Attorney's Office in response to subpoenas in the case ''United States v. Aaron Swartz''.
''(The following images are all excerpts from the 3,461-page PDF document.)''
File:Swartz-jstor-evidence-pdf-page-3142.png, "Root Cause Analysis" Report (side 1), showing a descriptive timeline of events from September 25, 2010, until December 26, 2010.
File:Swartz-jstor-evidence-pdf-page-3143.png, "Root Cause Analysis" Report (side 2), showing JSTOR response and incident resolution procedures.
File:Swartz-jstor-evidence-pdf-page-3127.png, Email sent from JSTOR to Stephan, Heymann (USAMA), estimating 3.5 million PDF files had been downloaded.
File:Swartz-jstor-evidence-pdf-page-3128.png, Email describing PDF download activity snapshots (see next images in gallery)
File:Swartz-jstor-evidence-pdf-page-3129.png, Describes PDF download activity, from JSTOR's databases to MIT computers, between November 1 and December 27.
File:Swartz-jstor-evidence-pdf-page-3136.png, PDF activity, from JSTOR to MIT, between January 1 to 15.
Arrest and prosecution
On the night of January 6, 2011, Swartz was arrested near the Harvard campus by MIT Police and a Secret Service agent, and arraigned in Cambridge District Court on two state charges of breaking and entering with intent to commit a felony.
On July 11, 2011, he was indicted by a federal grand jury on charges of
wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activit ...
,
computer fraud
Computer fraud is a cybercrime and the act of using a computer to take or alter electronic data, or to gain unlawful use of a computer or system. In the United States, computer fraud is specifically proscribed by the Computer Fraud and Abuse Act, ...
, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer.
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
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Engl ...
, and unauthorized access to a computer network. On December 16, 2011, state prosecutors filed a notice that they were dropping the two original charges, and the charges listed in the November 17, 2011 indictment were dropped on March 8, 2012.Hawkinson, Joh ''State drops charges against Swartz; federal charges remain'' The Tech, March 16, 2012. Retrieved May 14, 2013. According to a spokesperson for the Middlesex County prosecutor, this was done to avoid impeding a federal prosecution headed by Stephen P. Heymann, supported by evidence provided by Secret Service agent Michael S. Pickett.
On September 12, 2012, federal prosecutors filed a superseding indictment adding nine more felony counts, increasing Swartz's maximum criminal exposure to 50 years of imprisonment and $1 million in fines. During plea negotiations with Swartz's attorneys, the prosecutors offered to recommend a sentence of six months in a low-security prison if Swartz pled guilty to 13 federal crimes. Swartz and his lead attorney rejected the deal, opting instead for a trial where prosecutors would be forced to justify their pursuit of him.
The federal prosecution involved what was characterized by numerous critics (such as former Nixon White House counsel
John Dean
John Wesley Dean III (born October 14, 1938) is an American former attorney who served as White House Counsel for U.S. President Richard Nixon from July 1970 until April 1973. Dean is known for his role in the cover-up of the Watergate scandal ...
) as an " overcharging" 13-count indictment and "overzealous", "Nixonian" prosecution for alleged computer crimes, brought by then U.S. Attorney for Massachusetts Carmen Ortiz.
Swartz died by suicide on January 11, 2013. After his death, federal prosecutors dropped the charges. On December 4, 2013, due to a Freedom of Information Act suit by the investigations editor of ''
suicide note
A suicide note or death note is a message left behind by a person who dies or intends to die by suicide.
A study examining Japanese suicide notes estimated that 25–30% of suicides are accompanied by a note. However, incidence rates may depen ...
was found. Swartz's family and his partner created a memorial website on which they issued a statement, saying: "He used his prodigious skills as a programmer and technologist not to enrich himself but to make the Internet and the world a fairer, better place."
Days before Swartz's funeral,
Lawrence Lessig
Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...
eulogized his friend and sometime-client in an essay, "Prosecutor as Bully." He decried the disproportionality of Swartz's prosecution and said, "The question this government needs to answer is why it was so necessary that Aaron Swartz be labeled a 'felon'. For in the 18 months of negotiations, that was what he was not willing to accept."
Cory Doctorow
Cory Efram Doctorow (; born July 17, 1971) is a Canadian-British blogger, journalist, and science fiction author who served as co-editor of the blog '' Boing Boing''. He is an activist in favour of liberalising copyright laws and a proponent o ...
wrote, "Aaron had an unbeatable combination of political insight, technical skill, and intelligence about people and issues. I think he could have revolutionized American (and worldwide) politics. His legacy may still yet do so."
Funeral and memorial gatherings
Swartz's funeral services were held on January 15, 2013, at Central Avenue Synagogue in Highland Park, Illinois.
Tim Berners-Lee
Sir Timothy John Berners-Lee (born 8 June 1955), also known as TimBL, is an English computer scientist best known as the inventor of the World Wide Web. He is a Professorial Fellow of Computer Science at the University of Oxford and a profe ...
, creator of the
World Wide Web
The World Wide Web (WWW), commonly known as the Web, is an information system enabling documents and other web resources to be accessed over the Internet.
Documents and downloadable media are made available to the network through web se ...
, delivered a eulogy. The same day, ''
The Wall Street Journal
''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' published a story based in part on an interview with Taren Stinebrickner-Kauffman. She told the ''Journal'' that Swartz lacked the money to pay for a trial and "it was too hard for him to ... make that part of his life go public" by asking for help. He was also distressed, she said, because two of his friends had just been
subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
ed and because he no longer believed that MIT would try to stop the prosecution.
Several memorials followed soon afterward. On January 19, hundreds attended a memorial at the
Cooper Union
The Cooper Union for the Advancement of Science and Art (Cooper Union) is a private college at Cooper Square in New York City. Peter Cooper founded the institution in 1859 after learning about the government-supported École Polytechnique in ...
, speakers at which included Taren Stinebrickner-Kauffman, open source advocate Doc Searls,
Creative Commons
Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has releas ...
' Glenn Otis Brown, journalist Quinn Norton, Roy Singham of ThoughtWorks, and David Segal of Demand Progress. On January 24, there was a memorial at the
Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music ...
headquarters in San Francisco video with speakers including Stinebrickner-Kauffman, Alex Stamos,
Brewster Kahle
Brewster Lurton Kahle ( ; born October 21, 1960)Alexa Internet profile , via juggle.com. accessed Novemb ...
, Peter Eckersley, and Carl Malamud. On February 4, a memorial was held in the
Cannon House Office Building
The Cannon House Office Building, often called the "Old House Office Building," completed in 1908, is the oldest congressional office building as well as a significant example of the Beaux-Arts style of architecture. It occupies a site south of ...
on
Capitol Hill
Capitol Hill, in addition to being a metonym for the United States Congress, is the largest historic residential neighborhood in Washington, D.C., stretching easterly in front of the United States Capitol along wide avenues. It is one of the ...
;Gross, Grant, ''Lawmakers pledge to change hacking law during Swartz memorial'' ,
InfoWorld
''InfoWorld'' (abbreviated IW) is an information technology media business. Founded in 1978, it began as a monthly magazine. In 2007, it transitioned to a web-only publication. Its parent company today is International Data Group, and its sister ...
, February 5, 2013. Retrieved February 5, 2013. speakers at this memorial included Senator
Ron Wyden
Ronald Lee Wyden (; born May 3, 1949) is an American politician and retired educator serving as the senior United States senator from Oregon, a seat he has held since 1996. A member of the Democratic Party, he served in the United States House ...
and Representatives
Darrell Issa
Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician who has served as the U.S. representative for California's 50th congressional district since 2021. A member of the Republican Party, he previously served ...
Jared Polis
Jared Schutz Polis (; born May 12, 1975) is an American politician, entrepreneur, businessman, and philanthropist, serving as the 43rd governor of Colorado since January 2019. He served one term on the Colorado State Board of Education from 2 ...
, and other lawmakers in attendance included Senator
Zoe Lofgren
Susan Ellen "Zoe" Lofgren ( ; born December 21, 1947) is an American lawyer and politician serving as a U.S. representative from California. A member of the Democratic Party, Lofgren is in her 13th term in Congress, having been first elected in 1 ...
MIT Media Lab
The MIT Media Lab is a research laboratory at the Massachusetts Institute of Technology, growing out of MIT's Architecture Machine Group in the School of Architecture. Its research does not restrict to fixed academic disciplines, but draws from ...
.
Swartz's family recommended
GiveWell
GiveWell is an American non-profit charity assessment and effective altruism-focused organization. GiveWell focuses primarily on the cost-effectiveness of the organizations that it evaluates, rather than traditional metrics such as the perce ...
for donations in his memory, an organization that Swartz admired, had collaborated with and was the sole beneficiary of his will.
Response
US Department of Justice
Carmen M. Ortiz, then US Attorney for the District of Massachusetts, "As a parent and a sister, I can only imagine the pain felt by the family and friends of Aaron Swartz, ��I must, however, make clear that this office's conduct was appropriate in bringing and handling this case."
Family response
On January 12, 2013, Swartz's family and partner issued a statement criticizing the prosecutors and MIT. Speaking at his son's funeral on January 15, Robert Swartz said, "Aaron was killed by the government, and MIT betrayed all of its basic principles."Tom Dolan, husband of U.S. Attorney for Massachusetts Carmen Ortiz, whose office prosecuted Swartz's case, replied with criticism of the Swartz family: "Truly incredible that in their own son's obit they blame others for his death and make no mention of the 6-month offer." This comment triggered some criticism; ''
Esquire
Esquire (, ; abbreviated Esq.) is usually a courtesy title.
In the United Kingdom, ''esquire'' historically was a title of respect accorded to men of higher social rank, particularly members of the landed gentry above the rank of gentleman ...
'' writer
Charlie Pierce
Charles Patrick Pierce (born December 28, 1953) is an American sportswriter, political blogger, liberal pundit author, and game show panelist.
Biography
Pierce graduated from St. John's High School in Shrewsbury, Massachusetts, and from M ...
replied, "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."
MIT
MIT maintains an open-campus policy along with an "open network." Two days after Swartz's death, MIT President L. Rafael Reif commissioned professor
Hal Abelson
Harold Abelson (born April 26, 1947) is the Class of 1922 Professor of Computer Science and Engineering in the Department of Electrical Engineering and Computer Science at the Massachusetts Institute of Technology (MIT), a fellow of the Institute ...
to lead an analysis of MIT's options and decisions relating to Swartz's "legal struggles." To help guide the fact-finding stage of the review, MIT created a website where community members could suggest questions and issues for the review to address.
Swartz's attorneys requested that all pretrial discovery documents be made public, a move which MIT opposed. Swartz allies have criticized MIT for its opposition to releasing the evidence without redactions. On July 26, 2013, the Abelson panel submitted a 182-page report to MIT president, L. Rafael Reif, who authorized its public release on July 30. The panel reported that MIT had not supported charges against Swartz and cleared the institution of wrongdoing. However, its report also noted that despite MIT's advocacy for
open access
Open access (OA) is a set of principles and a range of practices through which research outputs are distributed online, free of access charges or other barriers. With open access strictly defined (according to the 2001 definition), or libre o ...
culture at the institutional level and beyond, the university never extended that support to Swartz. The report revealed, for example, that while MIT considered the possibility of issuing a public statement about its position on the case, such a statement never materialized.
Press
''
The Huffington Post
''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
'' reported that "Ortiz has faced significant backlash for pursuing the case against Swartz, including a petition to the White House to have her fired." Other news outlets reported similarly.
Reuters
Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world.
The agency was est ...
news agency called Swartz "an online icon" who "help dto make a virtual mountain of information freely available to the public, including an estimated 19 million pages of federal court documents." The
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. n ...
(AP) reported that Swartz's case "highlights society's uncertain, evolving view of how to treat people who break into computer systems and share data not to enrich themselves, but to make it available to others," and that JSTOR's lawyer, former U.S. Attorney for the Southern District of New York Mary Jo White, had asked the lead prosecutor to drop the charges.
As discussed by editor
Hrag Vartanian
Hrag Vartanian ( hy, Õ€Ö€Õ¡Õ¯ ÕŽÕ¡Ö€Õ¤Õ¡Õ¶Õ¥Õ¡Õ¶)(born ) is an Armenian-American arts writer, art critic, and art curator. He is the editor-in-chief and co-founder of the arts online magazine, ''Hyperallergic''.
Life and work
Vartanian was born i ...
in ''
Hyperallergic
''Hyperallergic'' is an online arts magazine, based in Brooklyn, New York. Founded by the art critic Hrag Vartanian and his husband Veken Gueyikian in October 2009, the site describes itself as a "forum for serious, playful, and radical thinking ...
'', Brooklyn, New York muralist BAMN ("By Any Means Necessary") created a mural of Swartz. "Swartz was an amazing human being who fought tirelessly for our right to a free and open Internet," the artist explained. "He was much more than just the 'Reddit guy'."
Speaking on April 17, 2013,
Yuval Noah Harari
Yuval Noah Harari ( he, יובל × ×— הררי ; born 1976) is an Israeli historian and professor in the Department of History at the Hebrew University of Jerusalem. He is the author of the popular science bestsellers '' Sapiens: A Brief History ...
described Swartz as "the first martyr of the Freedom of Information movement". However, according to Harari, Swartz's stance did not illustrate the belief in the freedom of persons or speech, but stemmed from the increasing belief among the young generation that above anything else, information should be free.
Aaron Swartz's legacy has been reported as strengthening the
open access
Open access (OA) is a set of principles and a range of practices through which research outputs are distributed online, free of access charges or other barriers. With open access strictly defined (according to the 2001 definition), or libre o ...
to scholarship movement. In Illinois, his home state, Swartz's influence led state university faculties to adopt policies in favor of open access.
Internet
Hacks
On January 13, 2013, members of
Anonymous
Anonymous may refer to:
* Anonymity, the state of an individual's identity, or personally identifiable information, being publicly unknown
** Anonymous work, a work of art or literature that has an unnamed or unknown creator or author
* Anonym ...
hacked two websites on the MIT domain, replacing them with tributes to Swartz that called on members of the Internet community to use his death as a rallying point for the
open access
Open access (OA) is a set of principles and a range of practices through which research outputs are distributed online, free of access charges or other barriers. With open access strictly defined (according to the 2001 definition), or libre o ...
movement. The banner included a list of demands for improvements in the
U.S. copyright
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of thei ...
system, along with Swartz's '' Guerilla Open Access Manifesto.'' On the night of January 18, 2013, MIT's e-mail system was taken offline for ten hours. On January 22, e-mail sent to MIT was redirected by hackers Aush0k and TibitXimer to the Korea Advanced Institute of Science & Technology. All other traffic to MIT was redirected to a computer at Harvard University that was publishing a statement headed "R.I.P Aaron Swartz," with text from a 2009 posting by Swartz, accompanied by a chiptune version of "
The Star-Spangled Banner
"The Star-Spangled Banner" is the national anthem of the United States. The lyrics come from the "Defence of Fort M'Henry", a poem written on September 14, 1814, by 35-year-old lawyer and amateur poet Francis Scott Key after witnessing the bo ...
". MIT regained full control after about seven hours. In the early hours of January 26, 2013, the
U.S. Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the U.S. federal government. It is responsible for articulating the U.S. Federal Sentencing Guidelines for the federal courts. The Commission promulgates ...
website, USSC.gov, was hacked by Anonymous. The home page was replaced with an embedded YouTube video, ''Anonymous Operation Last Resort''. The video statement said Swartz "faced an impossible choice". A hacker downloaded "hundreds of thousands" of scientific-journal articles from a Swiss publisher's website and republished them on the open Web in Swartz's honor a week before the first anniversary of his death.
Petition to the White House
After Swartz's death, more than 50,000 people signed an online petition to the White House calling for the removal of Ortiz, "for overreach in the case of Aaron Swartz." A similar petition was submitted calling for prosecutor Stephen Heymann's firing. In January 2015, two years after Swartz's death, the White House declined both petitions.
Commemorations
On August 3, 2013, Swartz was posthumously inducted into the Internet Hall of Fame. There was a
hackathon
A hackathon (also known as a hack day, hackfest, datathon or codefest; a portmanteau of hacking and marathon) is an event where people engage in rapid and collaborative engineering over a relatively short period of time such as 24 or 48 hours. Th ...
held in Swartz' memory around the date of his birthday in 2013. Over the weekend of November 8–10, 2013, inspired by Swartz's work and life, a second annual hackathon was held in at least 16 cities around the world. Preliminary topics worked on at the 2013 Aaron Swartz Hackathon were privacy and software tools, transparency, activism, access, legal fixes and a low-cost book scanner. In January 2014, Lawrence Lessig led a walk across New Hampshire in honor of Swartz, rallying for campaign finance reform.
In 2017, the Turkish-Dutch artist
Ahmet Öğüt
Ahmet Öğüt (born 1981 in Diyarbakır, Turkey) is a conceptual artist living and working in Amsterdam, Netherlands and Berlin, Germany. He works with a broad range of media including video, photography, installation, drawing and printed media.
...
commemorated Swartz through a work entitled "Information Power to The People" which depicted his bust.
Legacy
Open Access
A long-time supporter of
open access
Open access (OA) is a set of principles and a range of practices through which research outputs are distributed online, free of access charges or other barriers. With open access strictly defined (according to the 2001 definition), or libre o ...
, Swartz wrote in his ''Guerilla Open Access Manifesto'':Supporters of Swartz responded to news of his death with an effort called #PDFTribute to promote Open Access. On January 12,
Eva Vivalt
Eva Love Vivalt is a Canadian economist. She is currently an Assistant Professor of Economics at the University of Toronto and the director of the Global Priorities Institute at the University of Oxford.
She is the founder of AidGrade, a resear ...
, a development economist at the
World Bank
The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...
, began posting her academic articles online using the
hashtag
A hashtag is a metadata tag that is prefaced by the hash (also known as pound or octothorpe) sign, ''#''. On social media, hashtags are used on microblogging and photo-sharing services such as Twitter or Instagram as a form of user-generated ...
''#pdftribute'' as a tribute to Swartz. Scholars posted links to their works. The story of Aaron Swartz has exposed the topic of open access to scientific publications to wider audiences. In the wake of Aaron Swartz, many institutions and personalities have campaigned for open access to scientific knowledge. Swartz's death prompted calls for more open access to scholarly data (e.g., open science data).Manjoo, Farha ''How MIT Can Honor Aaron Swartz'' ''Slate'', January 31, 2013. Retrieved May 9, 2013. The Think Computer Foundation and the Center for Information Technology Policy (CITP) at
Princeton University
Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the n ...
announced scholarships awarded in memory of Aaron Swartz. In 2013, Swartz was posthumously awarded the
American Library Association
The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with 49,727 members ...
's James Madison Award for being an "outspoken advocate for public participation in government and unrestricted access to peer-reviewed scholarly articles." In March, the editor and editorial board of the '' Journal of Library Administration'' resigned ''en masse'', citing a dispute with the journal's publisher,
Routledge
Routledge () is a British multinational publisher. It was founded in 1836 by George Routledge, and specialises in providing academic books, journals and online resources in the fields of the humanities, behavioural science, education, law, ...
. One board member wrote of a "crisis of conscience about publishing in a journal that was not open access" after the death of Aaron Swartz. In 2002, Swartz had stated that when he died, he wanted all the contents of his hard drives made publicly available.
Darrell Issa
Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician who has served as the U.S. representative for California's 50th congressional district since 2021. A member of the Republican Party, he previously served ...
and Democrats
Zoe Lofgren
Susan Ellen "Zoe" Lofgren ( ; born December 21, 1947) is an American lawyer and politician serving as a U.S. representative from California. A member of the Democratic Party, Lofgren is in her 13th term in Congress, having been first elected in 1 ...
and subsequent Colorado Governor
Jared Polis
Jared Schutz Polis (; born May 12, 1975) is an American politician, entrepreneur, businessman, and philanthropist, serving as the 43rd governor of Colorado since January 2019. He served one term on the Colorado State Board of Education from 2 ...
– all on the
House Judiciary Committee
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, ...
, raised questions regarding the government's handling of the case.
Calling the charges against him "ridiculous and trumped up," Polis said Swartz was a "martyr", whose death illustrated the need for Congress to limit the discretion of federal prosecutors. Speaking at a memorial for Swartz on
Capitol Hill
Capitol Hill, in addition to being a metonym for the United States Congress, is the largest historic residential neighborhood in Washington, D.C., stretching easterly in front of the United States Capitol along wide avenues. It is one of the ...
issued a statement saying " aron'sadvocacy for Internet freedom, social justice, and Wall Street reform demonstrated ... the power of his ideas ..."
In a letter to Attorney General
Eric Holder
Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder, serving in the administration of President Barack Obama, was the first African Amer ...
, Texas Republican Senator
John Cornyn
John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip fo ...
asked, "On what basis did the U.S. Attorney for the District of Massachusetts conclude that her office's conduct was 'appropriate'?" and "Was the prosecution of Mr. Swartz in any way retaliation for his exercise of his rights as a citizen under the Freedom of Information Act?"
Congressional investigations
Issa, who chaired the
House Committee on Oversight and Government Reform
The Committee on Oversight and Reform is the main investigative committee of the United States House of Representatives.
The committee's broad jurisdiction and legislative authority make it one of the most influential and powerful panels in ...
, announced that he would investigate the Justice Department's actions in prosecuting Swartz. In a statement to ''The Huffington Post'', he praised Swartz's work toward "open government and free access to the people." Issa's investigation has garnered some bipartisan support.
On January 28, 2013, Issa and ranking committee member
Elijah Cummings
Elijah Eugene Cummings (January 18, 1951October 17, 2019) was an American politician and civil rights advocate who served in the United States House of Representatives for from 1996 until his death in 2019, when he was succeeded by his predecess ...
published a letter to U.S. Attorney General Holder, questioning why federal prosecutors had filed the superseding indictment. On February 20,
WBUR
WBUR-FM (90.9 FM) is a public radio station located in Boston, Massachusetts, owned by Boston University. It is the largest of three NPR member stations in Boston, along with WGBH and WUMB-FM and produces several nationally distributed prog ...
reported that Ortiz was expected to testify at an upcoming Oversight Committee hearing about her office's handling of the Swartz case. On February 22, Associate Deputy Attorney General
Steven Reich
Steven F. Reich is an American attorney who currently serves as 3M Company’s Executive Vice President & Chief Counsel, Enterprise Risk Management. Reich joined 3M in 2022 after nearly seven years at Deutsche Bank AG. At Deutsche Bank, Reich se ...
The Guardian
''The Guardian'' is a British daily newspaper
A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background.
Newspapers can cover a wide ...
HuffPost
''HuffPost'' (formerly ''The Huffington Post'' until 2017 and sometimes abbreviated ''HuffPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and ...
techdirt
Techdirt is an American Internet blog that reports on technology's legal challenges and related business and economic policy issues, in context of the digital revolution. It focuses on intellectual property, patent, information privacy and copyr ...
, February 25, 2013. Retrieved March 2, 2013. Congressional staffers left this briefing believing that prosecutors thought Swartz had to be convicted of a felony carrying at least a short prison sentence in order to justify having filed the case against him in the first place.
Excoriating the Department of Justice as the "Department of Vengeance", Stinebrickner-Kauffman told the ''Guardian'' that the DOJ had erred in relying on Swartz's ''Guerilla Open Access Manifesto'' as an accurate indication of his beliefs by 2010. "He was no longer a single issue activist," she said. "He was into lots of things, from healthcare, to climate change to money in politics."
On March 6, Holder testified before the Senate Judiciary Committee that the case was "a good use of prosecutorial discretion." Stinebrickner-Kauffman issued a statement in reply, repeating and amplifying her claims of prosecutorial misconduct. Public documents, she wrote, reveal that prosecutor Stephen Heymann "instructed the Secret Service to seize and hold evidence without a warrant... lied to the judge about that fact in written briefs... ndwithheld exculpatory evidence... for over a year," violating his legal and ethical obligations to turn such evidence over to the defense. On March 22, Senator
Al Franken
Alan Stuart Franken (born May 21, 1951) is an American comedian, politician, media personality, and author who served as a United States senator from Minnesota from 2009 to 2018. He gained fame as a writer and performer on the television comed ...
wrote Holder a letter expressing concerns, writing that "charging a young man like Mr. Swartz with federal offenses punishable by over 35 years of federal imprisonment seems remarkably aggressive – particularly when it appears that one of the principal aggrieved parties ... did not support a criminal prosecution."
Amendment to Computer Fraud and Abuse Act
In 2013, Rep.
Zoe Lofgren
Susan Ellen "Zoe" Lofgren ( ; born December 21, 1947) is an American lawyer and politician serving as a U.S. representative from California. A member of the Democratic Party, Lofgren is in her 13th term in Congress, having been first elected in 1 ...
(D-Calif.) introduced a bill, ''
Aaron's Law
The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law (), which had been included in the Comprehensive Crime Control Act of 1984. The law pro ...
'' (, ) to exclude terms of service violations from the 1986 Computer Fraud and Abuse Act and from the wire fraud statute.
Lawrence Lessig wrote of the bill, "this is a critically important change.... The CFAA was the hook for the government's bullying.... This law would remove that hook. In a single line: no longer would it be a felony to breach a contract." Professor Orin Kerr, a specialist in the nexus between computer law and criminal law, wrote that he had been arguing for precisely this sort of reform of the Act for years.Kerr, Oren ''Aaron's Law, Drafting the Best Limits of the CFAA, And A Reader Poll on A Few Examples'' Volokh Conspiracy, January 27, 2013. Retrieved April 23, 2013. The
ACLU
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". ...
, too, has called for reform of the CFAA to "remove the dangerously broad criminalization of online activity." The EFF has mounted a campaign for these reforms. Lessig's inaugural Chair lecture as Furman Professor of Law and Leadership was entitled ''Aaron's Laws: Law and Justice in a Digital Age''; he dedicated the lecture to Swartz.
The Aaron's Law bill stalled in committee.
Brian Knappenberger
Brian Knappenberger is an American documentary filmmaker, known for ''The Internet's Own Boy: The Story of Aaron Swartz'', ''We Are Legion: The Story of the Hacktivists'', and Turning Point: 9/11 and the War on Terror and his work on Bloomber ...
alleges this was due to
Oracle Corporation
Oracle Corporation is an American multinational computer technology corporation headquartered in Austin, Texas. In 2020, Oracle was the third-largest software company in the world by revenue and market capitalization. The company sells da ...
's financial interest in maintaining the status quo.
Fair Access to Science and Technology Research Act
The Fair Access to Science and Technology Research Act (FASTR) is a bill that would mandate earlier public release of taxpayer-funded research. FASTR has been described as "The Other Aaron's Law."
Senator Ron Wyden (D-Ore.) and Senator John Cornyn (R-Tex.) introduced the Senate version in 2013, 2015, and 2017 while the bill was introduced to the House by Reps.
Zoe Lofgren
Susan Ellen "Zoe" Lofgren ( ; born December 21, 1947) is an American lawyer and politician serving as a U.S. representative from California. A member of the Democratic Party, Lofgren is in her 13th term in Congress, having been first elected in 1 ...
(D-Calif.), Mike Doyle (D-Pa.) and Kevin Yoder (R-Kans.). Senator Wyden wrote of the bill, "the FASTR act provides that access to taxpayer funded research should never be hidden behind a paywall."
While the legislation had not passed , it helped to prompt some motion toward more open access on the part of the US administration. Shortly after the bill's original introduction, the
Office of Science and Technology Policy
An office is a space where an organization's employees perform administrative work in order to support and realize objects and goals of the organization. The word "office" may also denote a position within an organization with specific d ...
directed "each Federal agency with over $100 million in annual conduct of research and development expenditures to develop a plan to support increased public access to the results of research funded by the Federal Government."
Media
Swartz has been featured in various works of art and has posthumously received dedications from numerous artists. In 2013, Kenneth Goldsmith dedicated his "
Printing out the Internet ''Printing out the Internet'' is a work of art created by poet and writer'','' Kenneth Goldsmith, with the help of LABOR and UbuWeb. In May 2013, Goldsmith asked for people to print out pages from the Internet and send it to an art gallery, LABOR i ...
" exhibition to Swartz. There are also dedicated biographical films for Aaron:
''The Internet's Own Boy: The Story of Aaron Swartz''
On January 11, 2014, marking the first anniversary of his death, a preview was released of ''The Internet's Own Boy: The Story of Aaron Swartz'', a documentary about Swartz, the NSA and SOPA. The film was officially released at the January 2014
Sundance Film Festival
The Sundance Film Festival (formerly Utah/US Film Festival, then US Film and Video Festival) is an annual film festival organized by the Sundance Institute. It is the largest independent film festival in the United States, with more than 46,6 ...
. ''
Democracy Now!
''Democracy Now!'' is an hour-long American TV, radio, and Internet news program hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González (journalist), Juan González, and Nermeen Shaikh. The show, whi ...
'' covered the release of the documentary, as well as Swartz's life and legal case, in a sprawling interview with director
Brian Knappenberger
Brian Knappenberger is an American documentary filmmaker, known for ''The Internet's Own Boy: The Story of Aaron Swartz'', ''We Are Legion: The Story of the Hacktivists'', and Turning Point: 9/11 and the War on Terror and his work on Bloomber ...
, Swartz's father, brother, and his attorney. The documentary is released under a
Creative Commons License
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work".A "work" is any creative material made by a person. A painting, a graphic, a book, a song/lyric ...
; it debuted in theaters and on-demand in June 2014.
Mashable
Mashable is a digital media platform, news website and entertainment company founded by Pete Cashmore in 2005.
History
Mashable was founded by Pete Cashmore while living in Aberdeen, Scotland, in July 2005. Early iterations of the site were ...
called the documentary "a powerful homage to Aaron Swartz". Its debut at ''Sundance'' received a standing ovation. ''Mashable'' printed, "With the help of experts, ''The Internet's Own Boy'' makes a clear argument: Swartz unjustly became a victim of the rights and freedoms for which he stood." ''
The Hollywood Reporter
''The Hollywood Reporter'' (''THR'') is an American digital and print magazine which focuses on the Hollywood film, television, and entertainment industries. It was founded in 1930 as a daily trade paper, and in 2010 switched to a weekly large ...
'' described it as a "heartbreaking" story of a "tech wunderkind persecuted by the US government", and a must-see "for anyone who knows enough to care about the way laws govern information transfer in the digital age".
''Killswitch''
In October 2014, ''Killswitch'', a documentary film featuring Aaron Swartz, as well as Lawrence Lessig, Tim Wu, and
Edward Snowden
Edward Joseph Snowden (born June 21, 1983) is an American and naturalized Russian former computer intelligence consultant who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and s ...
, received its world premiere at the Woodstock Film Festival, where it won the award for Best Editing. The film focuses on Swartz's role in advocating for internet freedoms.
In February 2015, ''Killswitch'' was invited to screen at the Capitol Visitor's Center in Washington, D.C. by Congressman Alan Grayson. The event was held on the eve of the Federal Communications Commission's historic decision on
Net Neutrality
Network neutrality, often referred to as net neutrality, is the principle that Internet service providers (ISPs) must treat all Internet communications equally, offering users and online content providers consistent rates irrespective of c ...
. Congressman Grayson, Lawrence Lessig, and
Free Press
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...
CEO Craig Aaron spoke about Swartz and his fight on behalf of a free and open Internet at the event.
Congressman Grayson states that ''Killswitch'' is "one of the most honest accounts of the battle to control the Internet – and access to information itself."Richard von Busack of the
Metro Silicon Valley
''Metro'' is a free weekly newspaper published by the San Jose, California, based Metro Newspapers. Also known as ''Metro Silicon Valley'', as well as ''Metroactive'' online, the paper serves the greater Silicon Valley area. In addition to prin ...
GeekWire
GeekWire is an American technology news website that covers startup company, startups and established technology companies. The site launched in March 2011 and is based in Seattle. It was founded by journalists Todd Bishop and John Cook with inv ...
asserts that "''Killswitch'' is much more than a dry recitation of technical history. Director Ali Akbarzadeh, producer Jeff Horn, and writer Chris Dollar created a human-centered story. A large part of that connection comes from Lessig and his relationship with Swartz."
Other films
''Patriot of the Web'' is an
independent
Independent or Independents may refer to:
Arts, entertainment, and media Artist groups
* Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s
* Independe ...
biographical film
A biographical film or biopic () is a film that dramatizes the life of a non-fictional or historically-based person or people. Such films show the life of a historical person and the central character's real name is used. They differ from docud ...
about Aaron Swartz, written and directed by Darius Burke. The film was released on September 15, 2019, onto
YouTube
YouTube is a global online video sharing and social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by Google, and is the second most ...
. Actor Shawn Mcclintock plays Aaron Swartz. The film had a limited
video on demand
Video on demand (VOD) is a media distribution system that allows users to access videos without a traditional video playback device and the constraints of a typical static broadcasting schedule. In the 20th century, broadcasting in the form of ...
release in December 2017 on Reelhouse and in January 2018 on Pivotshare.
Another biographical film about Swartz, ''Think Aaron'', is being developed by HBO Films.
Works
Specifications
*
Markdown
Markdown is a lightweight markup language for creating formatted text using a plain-text editor. John Gruber and Aaron Swartz created Markdown in 2004 as a markup language that is appealing to human readers in its source code form. Markdown i ...
: Swartz was a major contributor to
John Gruber
John Gruber (born 1973) is a technology blogger, UI designer, and one of the inventors of the Markdown markup language.
History
Gruber is from Philadelphia, Pennsylvania. He received his Bachelor of Science in computer science from Drexel Unive ...
's Markdown, a
lightweight markup language
A lightweight markup language (LML), also termed a simple or humane markup language, is a markup language with simple, unobtrusive syntax. It is designed to be easy to write using any generic text editor and easy to read in its raw form. Lightwei ...
for generating
HTML
The HyperText Markup Language or HTML is the standard markup language for documents designed to be displayed in a web browser. It can be assisted by technologies such as Cascading Style Sheets (CSS) and scripting languages such as JavaScri ...
, and author of its html2text translator. The syntax for Markdown was influenced by Swartz's earlier language (2002), which today is primarily remembered for its syntax for specifying headers, known as ''atx-style headers:'' Markdown itself remains in widespread use, with websites such as
Reddit
Reddit (; stylized in all lowercase as reddit) is an American social news news aggregator, aggregation, Review site#Rating site, content rating, and Internet forum, discussion website. Registered users (commonly referred to as "Redditors") subm ...
and
GitHub
GitHub, Inc. () is an Internet hosting service for software development and version control using Git. It provides the distributed version control of Git plus access control, bug tracking, software feature requests, task management, co ...
using it.
*
RDF/XML
RDF/XML is a syntax,RDF/XML Syntax Specification RDFCore working group at the
World Wide Web Consortium
The World Wide Web Consortium (W3C) is the main international standards organization for the World Wide Web. Founded in 1994 and led by Tim Berners-Lee, the consortium is made up of member organizations that maintain full-time staff working t ...
(W3C), where he authored RFC 3870, Application/RDF+XML Media Type Registration. The document described a new media type, "RDF/XML", designed to support the Semantic Web.
Software
* DeadDrop: In 2011–2012, Swartz, Kevin Poulsen, and James Dolan designed and implemented ''DeadDrop'', a system that allows anonymous informants to send electronic documents without fear of disclosure. In May 2013, the first instance of the software was launched by ''
The New Yorker
''The New Yorker'' is an American weekly magazine featuring journalism, commentary, criticism, essays, fiction, satire, cartoons, and poetry. Founded as a weekly in 1925, the magazine is published 47 times annually, with five of these issue ...
Tor2web
Tor2web (pronounced "Tor to Web") is a software project to allow Tor hidden services to be accessed from a standard browser without being connected to the Tor network. It was created by Aaron Swartz and Virgil Griffith.
History
Tor is a networ ...
: In 2008, Swartz worked with Virgil Griffith to design and implement
Tor2web
Tor2web (pronounced "Tor to Web") is a software project to allow Tor hidden services to be accessed from a standard browser without being connected to the Tor network. It was created by Aaron Swartz and Virgil Griffith.
History
Tor is a networ ...
, an HTTP proxy for
Tor-hidden service
Tor, short for The Onion Router, is free and open-source software for enabling anonymous communication. It directs Internet traffic through a free, worldwide, volunteer overlay network, consisting of more than seven thousand relays, to conc ...
s. The proxy was designed to provide easy access to Tor from a basic
web browser
A web browser is application software for accessing websites. When a user requests a web page from a particular website, the browser retrieves its files from a web server and then displays the page on the user's screen. Browsers are used on ...
. The software is now maintained by Giovanni Pellerano within the
GlobaLeaks
GlobaLeaks is an open-source, free software intended to enable secure and anonymous whistleblowing initiatives.
History
The project started on 15 December 2010 and the first software prototype was announced on 6 September 2011.
Relevant figure ...
Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music ...
Brian Knappenberger
Brian Knappenberger is an American documentary filmmaker, known for ''The Internet's Own Boy: The Story of Aaron Swartz'', ''We Are Legion: The Story of the Hacktivists'', and Turning Point: 9/11 and the War on Terror and his work on Bloomber ...