Personal Democracy Plus Our premium content network. LEARN MORE You are not logged in. LOG IN NOW >

Aaron Swartz and the Meaning of "Public"

BY Nick Judd | Monday, January 14 2013

Aaron Swartz in January 2012. Photo: Daniel J. Siederaski

To better understand the strong feelings Aaron Swartz had about free access to information, I paid $1.80 to read the indictment that overshadowed him for the last two years of his life.

PACER, the federal courts' online records system, charged me 10 cents per page to download the 18-page document. In it, federal prosecutors accuse Swartz of wire fraud, computer fraud, and other felonies. According to this document, MIT police spotted Swartz on Jan. 6, 2011, and attempted to question him. The indictment says he had spent months using the campus network to download millions of academic articles from JSTOR, the online research archive. Prosecutors allege that this was criminal behavior because he had used his computer skills to thwart attempts to prevent him from accessing JSTOR through MIT's network and because he did some of the downloading through a laptop hidden in a closet on MIT's campus.

On Jan. 11, 2013, a little over two years after his arrest, Swartz, 26, hanged himself in his Crown Heights apartment. As news spread of his death, he was eulogized here and almost everywhere else on the Internet where people stand for freedom of speech and access to information. JSTOR announced that it had never wanted to be involved in the case in the first place, and had elected not to press charges against Swartz after he handed over the files he had downloaded. In a statement, Swartz's family accused the Massachusetts U.S. Attorney's Office and MIT of contributing to Swartz's death.

"Decisions made by officials in the Massachusetts U.S. Attorney’s office and at MIT contributed to his death," they wrote. "The US Attorney’s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community’s most cherished principles."

The U.S. Attorney's Office has yet to issue public comment, although Assistant U.S. Attorney Stephen Heymann entered a document in court Monday dismissing charges against Swartz due to his suicide. MIT's president, L. Rafael Reif, said in a statement Sunday that it saddened him to have MIT play a role in tragedy and announced that he had asked free-software advocate and computer science professor Hal Abelson to review the university's actions related to Swartz's case. In posts around the web, Swartz's friends and confidantes point out that the brilliant programmer and activist was open about his own struggles with depression. Their collective grief forms a collage of prose, and in it I see a soul dynamic enough to challenge the established order of the universe but fragile enough to fracture and break before finishing his task.

All of this information was freely available, but to review an official copy of the superseding indictment that overshadowed him, I paid $1.80. The sum itself is trivial — for the U.S. courts, supposed to cover reproduction costs. But in the Internet age, Swartz might argue, reproduction costs should not be trivial, they should be infinitesimal. And in the context of a document that defined the final two years of a life cut short, to pay at all is perverse.

The people who knew Swartz best make it clear that he was too complex to be defined only by his criminal case, or by its affect on him. But after Swartz's death, one of the clearest cries from his friends and supporters is that not only did the proposed punishment not fit the alleged crime, the crimes he was charged with seemed not to fit the actions he was accused of taking.

Swartz' view was that it was perverse to ask anyone to pay for digital copies of federal court documents not because of their importance to individual lives but because they are in the public domain. They are meant to be free. So in 2008, Swartz found a way to download nearly 20 million pages of text from the PACER database to be published on a free alternative, RECAP. He used peculiarities of the PACER system, and of libraries where access to the system was less restricted, that were apparent to him but surprising to the federal government. Though he was not prosecuted, this attempt to match expectations with reality was so shocking to the federal government that the FBI began to investigate him.

Swartz requested his FBI file, as any American is welcome to do under freedom of information laws. He published excerpts on his blog.

Privacy rules start to slide away from a person's life after that person dies. That applies to FBI files and, apparently, to court testimony.

Alex Stamos is the chief technology officer of Artemis Internet and was an expert witness for the defense in U.S. vs. Swartz. After Swartz died, Stamos learned that there were no negative consequences to speaking openly about his testimony in the case.

In a blog post, Stamos writes that prosecutors overstated the implications of what Swartz was accused to have done. One of the charges against Swartz was "unlawfully obtaining information from a protected computer." Stamos explains at length that the government overreached in its description of how "protected" the MIT network was — "MIT operates an extraordinarily open network ... In fact, in my 12 years of professional security work I have never seen a network this open." — and how "protected" Swartz would have found a connection to JSTOR — "The JSTOR application lacked even the most basic controls to prevent what they might consider abusive behavior, such as CAPTCHAs triggered on multiple downloads, requiring accounts for bulk downloads, or even the ability to pop a box and warn a repeat downloader."

"Aaron Swartz was not the super hacker breathlessly described in the Government’s indictment and forensic reports, and his actions did not pose a real danger to JSTOR, MIT or the public," Stamos writes elsewhere in the post. "He was an intelligent young man who found a loophole that would allow him to download a lot of documents quickly. This loophole was created intentionally by MIT and JSTOR, and was codified contractually in the piles of paperwork turned over during discovery."

When Swartz allegedly began downloading academic articles from JSTOR, he was, in his own way, joining ongoing tension over access to academic knowledge. Academic information, like court documents, is a class apart from music or even news. In the academic journal world, authors are rarely paid. In fact, academics sometimes pay a fee to access the peer review, editing, and publication of a journal, which can enhance their reputations and increase their job prospects.

In tribute to Swartz, the economist Eva Vivalt is asking academics to make freely available online as many PDFs as they can of academic articles they've downloaded in the course of their studies.

Using the Twitter hashtag #pdftribute, a rapidly growing number of people are doing just that.

"He really cared a lot about making knowledge free and open," Vivalt told me Monday via Skype, "and with the paywalls that are in place at a lot of journals, there's really limited access to a lot of the content that's online. So it's helping towards the same goals as he was striving towards."

Just days before Swartz died, JSTOR announced that it would make the fruits of 1,200 journals available to the public on a limited basis. More than 4.5 million articles would be free to download — about half a million more than the number Swartz was accused of attempting to "liberate" with an Acer laptop and a few hard drives tucked in a closet at MIT. How freely available academic research could be was, and still is, an undecided question — but Swartz was clearly certain about how freely available he thought it should be.

The New York Times quotes Michael Wolf, Swartz's uncle, as saying this about his departed nephew: That Swartz "had a certain logic in his brain, and the world didn’t necessarily fit in with that logic, and that was sometimes difficult.”

Writing here, Micah Sifry observes, as others have, that Swartz frequently challenged his friends and mentors. In Micah's words, "That was Aaron--pushing everyone he knew to do more with what they had."

Every word written about Swartz's death suggests to me that he spent his life challenging everyone to look not at what systems — governments, people, friendships — were expected to do or doing at present, but what they were designed to do. Courts are supposed to be open. Academic knowledge, in his view, was clearly meant to be free. And he showed no hesitation using a system that could free information that was meant, in his understanding, to be free, regardless of what people expected that system to do instead. Federal judges wrestle with how to discharge their duties in the digital age. The entire academic publishing industry is in flux. Swartz, for better or worse, seemed to believe he was pushing both systems to adhere to their founding principles.

There will be two digital shrines to Aaron Swartz. One exists in the files of the federal courts and, antithetical to his beliefs, costs ten cents per page even when "page" means very little. The other will be free and open to everyone. Archive.org's Brewster Kahle, with whom Swartz worked on the RECAP project, among others, is hosting a digital collection devoted to the departed activist.

But there may be another archive, in accordance with Swartz's wishes.

On Aaron's website is a post that begins, "If I get hit by a truck ... please read this web page."

"This page is here so that if for some reason I'm no longer able to keep my web services running, people will know what to do," the post explains. It designates a historian and developer, Sean B. Palmer, to be his "virtual executor." And it sets specific guidelines for Swartz's own digital archive.

"I ask that the contents of all my hard drives be made publicly available from aaronsw.com," he wrote.

He continued:

If something does happen to me, please update the footer of this page with a link. Also email the relevant lists and set up an autoresponder for my email address to email people who write to me. Feel free to publish things people say about me on the site. These are probably all obvious and I'm sure you'll figure it out.

Oh, and BTW, I'll miss you all.

News Briefs

RSS Feed today >

Honda Campaign Rolls Out Endorsements From Asian American Stars

Rep. Mike Honda (D-Calif.) rolled out several additional endorsements from Asian American leaders and celebrities Tuesday, with one of them vouching for his high-tech bona fides. GO

Here Are The People President Obama Hopes Will Repair American Elections

The Presidential Commission on Election Administration established by President Obama after problematic 2012 elections now has a web presence at SupporttheVoter.gov. Obama established the commission by executive order on March 28 "to identify best practices in election administration and to make recommendations to improve the voting experience." GO

After Oklahoma Disaster, Neighbors Look Online for Ways To Help

In echoes of the aftermath of Hurricane Sandy in the Northeast, social media sites and small business websites in and around tornado-wracked Moore, Okla., are full of offers of help, questions about missing pets and loved ones, and evidence that neighbors are willing to reach out to help one another in a disaster. On a single Facebook group, there's a Mexican restaurant in Oklahoma City promising free meals to first responders or people hit by the tornado; a mother a few hours' drive from Moore offering to open her door for children who might need a place to stay; a resident sharing a picture of a found dog and contact information for the owner to get in touch. GO

Change.org Lands $15 Million From Omidyar

Change.org capped an extraordinary few years of growth Tuesday with the announcement that it has landed a $15 million investment led by the Omidyar Network. GO

What German Politicians Think of Google Glass

The German government led by Chancellor Angela Merkel has not had the easiest relationship with Google. The company launched a public campaign against a law backed by her coalition that would require search engines to pay to show news articles in search results, with mixed results. What's more, Google has long had to navigate the privacy waters in Germany and throughout the European Union. But that has not stopped her federal minister for economics and technology, Philipp Rösler, from giving Google Glass an enthusiastic test run as he leads a delegation of German technology companies and politicians on a trip to Silicon Valley this week as part of German Valley Week. GO

Crowdsourcing Waste Management Solutions in Montenegro

For once we aren't talking about the worldwide scarcity of toilets, just good old-fashioned household waste. Montenegro has a garbage problem so bad even the tourists are complaining about it. A new mobile app sponsored by the Agency for Environmental Protection, NGO Ozon and United Nations Development Programme in Montenegro will hopefully get citizens involved in reporting illegal garbage dumps. GO

monday >

Her Majesty's Government Wants to Monetize Open Data

A new paper from the chair of the U.K. government's Open Strategy Board outlines the best practices for the government's open data policies. The government-commissioned Shakespeare Review – after author Stephan Shakespeare – looks into ways to monetize open data, and recommends an all-encompassing National Data Strategy.

GO

Will Silicon Valley "Disrupt" Politics With a Candidate for Congress?

Sean Parker, of Napster fame and now executive general partner at venture capital firm Founders Fund, has invested in political startups before. But last week, he went a step further — co-hosting a fundraising event for a candidate for Congress. Parker and SV Angel co-founder Ron Conway organized a crowd of Internet industry luminaries to support Ro Khanna, a former assistant deputy secretary in Barack Obama's Commerce Department. Khanna is preparing a challenge to Rep. Mike Honda (D-Calif.), whose newly redrawn congressional district encompasses Silicon Valley. GO

Burma's Upcoming Telecom Revolution Will Probably Not Bring Internet Freedom

Burma (Myanmar) is on the threshold of an Internet revolution, but Human Rights Watch has warned companies to proceed with caution or risk trampling Burmese citizens' rights. GO

friday >

Chilean Anti-Corruption Resource: A Crowdsourced Database of Social and Political Connections

In countries where a small minority of social circles have a majority of the political and economic power, personal relationships can affect major decision-making, a serious concern of anti-corruption activists. A new web platform stores personal profiles of key players in Chilean business and politics, complete with biographies and personal and professional connections through family, education, social circles, employers and coworkers, to make tracking social relationships and conflict-of-interest easier. Called Poderopedia (from the Spanish word for power), the project sounds kind of like LinkedIn, but the creation and management of profiles is being crowdsourced out to journalists, activists and concerned citizens.

GO

Middle Eastern Telecom Accused of Working With Saudi Arabia to Spy on Citizens

Mobily, an arm of the state-owned Middle Eastern telecom giant Etihad Etisalat, has been accused of working with Saudi Arabia to develop software that would allow the government to bypass protections for social media users. The exposé comes from Moxie Marlinspike (neé Matthew Rosenfield), an expert in a certain type of malicious Internet attack called MITM (man-in-the-middle), whereby attackers intercept and secretly alter private messages exchanged via email and other social media platforms. GO

Saudi Religious Leader Warns Twitter Users of Consequences in the Afterlife

In late March, Saudi Arabia's top religious cleric said Twitter was for clowns and corrupters. Earlier this week, he said anyone using social media, in particular Twitter, “has lost this world and the afterlife.” His comments might be laughable, if they did not come at a time when the Saudi government is looking into monitoring or blocking social media sites and eliminating user anonymity.

GO

thursday >

What The Other Silicon Valley Immigration Group Is Doing This Month

A bipartisan coalition of political advocacy, business and tech groups are moving ahead to launch a social media blitz next week designed to persuade members of the Senate to vote in favor of immigration reform legislation supported in Silicon Valley. "We're going to create a virtual digital storm," said Jeremy Robbins in a Wednesday ... GO

The New Yorker Hopes "Strongbox" Is a Wiretap-Proof Sieve for Leaks

The New Yorker yesterday became the first outlet to implement DeadDrop, a new system for sources to submit information to journalists online in a more secure and anonymous way than, for example, email. GO

Female Organizer of Pakistan's First Hackathon Stresses Collaboration Over Competition

After Pakistan banned Valentine's Day this year, Sabeen Mahmud started an online protest in which people uploaded photos to mock the government ban. In the weeks following she received death threats and menacing phone calls, and early on she had to stay home from work. That did nothing, however, to keep her from further organizing. Last month, the café she started in Karachi hosted Pakistan's first ever hackathon, which tackled problems including sanitation, crime, disaster management, and education. She even invited a government representative to observe the initial conversations, tackling sensitive areas like government inefficiency and elections.

GO

wednesday >

White House Innovation Fellows Project Spins Off Into A Business

Clay Johnson and Adam Becker joined the Presidential Innovation Fellows program to help the White House fix the way government does business. Now they're turning that mission into a business themselves. GO

Fighting Fires With Data, New York City Launches New Safety Inspection System

Mayor Michael Bloomberg announced today that New York City has implemented city-wide a new risk based inspection system focused on fire safety that is driven by analytics from multiple city agencies. GO

Chinese Netizens Use Digital Initiative to Gain Media Attention for Unsolved Poisoning Case

Last month a medical science student at a Shanghai university died from poisoning, allegedly murdered by his roommate. The specifics of the crime echoed a case from the mid-1990s, in which a 19-year-old student was poisoned with thallium. That case has once again been thrown into the media spotlight, but after 18 years the media has changed and the spotlight means a trending hashtag on Sina Weibo or an online petition to the U.S. President.

GO

PDF France 2013: “Au Code, Citoyens!”

This year PDF France will take place in Paris on June 13, with the theme "Au Code, Citoyens!" ("To Code, Citizens!") The speakers' lineup includes some of the continent's leaders in the digital revolution. GO

More