Get unlimited access to Bruins cup coverage - Just 99¢

The Boston Globe

Metro

Hacker’s suicide triggers scrutiny of prosecutor, law

The computer crimes allegedly committed by 26-year-old hacker Aaron Swartz became the focus of intense debate by legal experts and Internet activists Monday, three days after Swartz committed suicide while facing federal prosecution and possible jail time for downloading massive numbers of scholarly articles.

The death of the young activist, widely described as a computer prodigy, abruptly ended the case brought against him by the US attorney in Massachusetts, while sparking anguished criticism of the prosecution and the 25-year-old law at its center, the Computer Fraud and Abuse Act.

Comments

Ortiz should be investigated and if found to making trumped up charges (the so called victim of the theft declined to press charges because they thought no crimeghas been committed) she should be prosecuted fr murder to the fullextent allowed by the law..tha US Attorney's office in Boston is full of self serving prosecutors..

I agree with Skippy but even if the charges were proper (and I wonder why the globe didn't find a law professor with an opposing view) felony conviction and prison for this kid was a ridiculous position. A 23 year old who downloaded scholarly articles being prosecuted to this extent - ARE YOU KIDDING ME???!!!

Replies

Just on the basis of the taxpayer money wasted in pursuing this case should give us all pause.  Even without the tragic result.

Simply put, what would all you defenders say if he hacked your personal computer?

Replies

Swartz's actions weren't like someone hacking a personal computer. It would be more like if I allowed someone to use my computer and gave them a set of arbitrairy rules. If those rules were broken without anyone being harmed, I'd be annoyed, but I would have any justification for being deeply angry.

But he didn't did he?  Ever heard of the phrase "strawman argument"?  Google it if you haven't.

Federal employees/officials can be very egotistical and I wouldn't be surprised if their narcissism leads to this overcharging.  

A rose by any other name... A thief is a thief... Liberals can bemoan as much as they want...but the kid was a THIEF and got caught. The kid was 100% responsible for the predicament he found himself in. A tragedy, but of his own making, not MIT's, not the Feds.... "If you can't do the time, don't do the crime"

Replies

Adam was trying to change the law. The publishing/recording industry has incrementally tied up copyright to the point where we are all hog tied -- creators and consumers. If Adam had taken a "legal" route he would have been buried in paperwork for his lifetime. If you want to call Robin Hood a thief too, I guess that's your right, but I disagree.

This comment has been removed.

Show more replies (2)

This kid should have been offered probation and a fine, and then steered toward a job by the Federal Government. What a waste of life and talent. There is no knowing what this kid would have done for the world if he had been given a chance, and a little more guidance...A rotten shame. My condolences to his family.

This comment has been removed.

This comment has been removed.

A tragic death, but the responsibility for Swartz's suicide rests with Swartz, and nobody else.

Replies

Absolutely.  If I hear this 26 year old man referred to as a kid one more time I'll scream.

The only person responsible for Swartz's death was Swartz.  There have been a lot more people up against a lot worse and still didn't commit suicide.  Sorry, but there it is.

He was no martyr just a guy who was up against it and quit. 

I agree with incredible1.  Like your user name too. ;)

This young man's crime did not warrant the harsh sentence the government was pursuing.....you can be a rapist, murderer, child molester or terrorist and most wouldn't receive that sentence....He was wrong on what he did, but facing that kind of sentence...was unjust...and lets face it the crime would not justify that kind of punishment...no secret documents were released...This genius..could have help maybe many in this world and so we lost his talent....So sorry for his family. Too bad this atty general didn't purse the illegal guns and illegal immigrants along with the MA corrupt politicians we have in this state...the over power of the government at work....and it happens too often.

Sounds like 4-6 months was reasonable. Should have taken the deal. Hiding in a closet and tapping into a computer system? Any time you have to hide in a closet to do something it's gotta be wrong.

The key point is that the taxpayers funded the research that MIT was keeping from the public who had paid for it.  The knowledge gained by that taxpayer funding was now going for private beneficiaries only.

With her prosecutorial zeal, US Atty Carmen Ortiz teamed with MIT to protect MIT's rip-off of American taxpayers.

Meanwhile, Carmen Ortiz has not pursued the obvious prosecution of financiers (e.g., State Street Bank execs and others) whose personal greed cost the Global economy trillions.  At least, Atty General Martha Coakley has tried.


Go ahead, Carmen, make my day.  Run for Governor or US Senate.  Then we can crucify you as the protector of the 1%.

The power to indict is the power to destroy. And prosecutors habitually abuse this power.  Carmen Ortiz, whom I worked with at the DA's Office, is career opportunist and mediocre legal talent. Downloading some scholarly articles that no one ever likely heard of does not warrant prison time.  We are far too eager to imprison people in this country.  As for those of you who claim that Swartz should have taken the deal or was alone responsible for taking his life, try being in his position. I'm a criminal defense lawyer and my clients are absolutely terrified of imprisonment.  Even my toughest clients are overwhelmed with anxiety.  Few ever completely recover from the ordeal, even if acquitted.  Yet, prosecutors like Ortiz are so single minded in their zeal to punish that they rarely consider that they are prosecuting a human being.

Replies

Ronin555: Watch out. Comments such as this will jeopardize your law license. Additionally, you'll not fare well in the courts. dougkinan@yahoo.com