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points by giancarlostoro 2 days ago | 0 comments
Sure, but he also denied that plea deal, so he was definitely looking at possibly 7 years in prison. This corporal treatment or whatever you want to call it, of our legal system is a bit ridiculous... "Take our offer or its worse!"

It basically treats you guilty until proven innocent, which I hate. I know Aaron Swartz very likely did, it was an activist level "hack" but what if someone else "did it" and they threw the book at them, and they took the felonies despite not actually having done it? Lots of people have taken plea deals because its less costly than fighting the law in court.

[–] artursapek 2 days ago
Why did he deny the plea deal? I hadn't heard that part of this story before.
[–] tourmalinetaco 2 days ago
In the US you have two types of legal systems, the state and federal level. Within each, you have misdemeanors and felonies. Misdemeanors are the lower level and cover non-serious crimes (vandalism, theft, minor traffic violations), and typically are fines or imprisonment of up to a year. They have no bearing on your rights as an American on either level. Some federal misdemeanors exist (poaching at natural parks or defacing monuments) but most federal crimes are felonies, leaving misdemeanors to the state’s discretion.

Felonies, however, impact your rights as an American. You cannot own firearms, you cannot vote, you cannot hold public office, and you are a “high risk” economically and socially, making loans and employment difficult. State-level non-violent felonies can normally be expunged/sealed over time for otherwise lawful citizens, but federal felonies never go away.

He denied the plea deal because he, as an activist, did not want to suffer losing those rights. The prosecution wouldn’t budge and was adamant in making an example out of him because he was a figure of hacktivism. They also desperately wanted the CFAA (a poorly worded law written by tech illiterates in 1986) to maintain its broad power.

For further context, this was a response to Anonymous and other would-be hacktivists, coming right off the heels of Anonymous’s Arab Spring campaign and the hack of HBGary. The Obama administration targeted Swartz to make an example out of him and scare future hacktivists, coinciding with the arrest of Sabu (the co-founder of LulzSec) and him becoming an informant to round up the current group.

[–] BobaFloutist 2 days ago
> you cannot vote

This is left up to the states.

> you cannot hold public office

Our current president is a convicted felon.

[–] tourmalinetaco 2 days ago
> This is left up to the states.

Sure, but almost every state blocks it for the duration of your time in prison, at minimum. A fair portion are longer, and some states make it almost impossible for federal felons to vote.

https://www.brennancenter.org/our-work/research-reports/can-...

> Our current president is a convicted felon.

That’s federal, which has no barriers. It’s left up to the states to decide how state level offices work, and being a convicted felon is a knife in the back of any potential political career. In NY specifically (where Swartz lived) you need a “Certificate of Good Conduct” or else you can’t run, and it would have taken (assuming he got convicted with 7 years as was threatened) 8-13 years for him to be legally able.

The exact specifics don’t even matter for Swartz’s case though, because for him it was more ideological than practical.

[–] giancarlostoro 2 days ago
My assumption is he did not want to plea guilty to a bunch of felonies, I think I read that this was part of it. It's rather extreme to throw that many years at someone like him AND felonies, I don't think he should have gotten a complete slap on the wrist, but what he did was literally web scraping PDFs, the kind that OpenAI and Anthropic do all the time and get away with, only instead of them being some authors IP, they were publicly funded in many, many cases.