The issue is not sanity or insanity, the issue is the use of the Justice System for political purposes and the profit of the few. The system at this juncture becomes a weapon in the hands of the powerful, to destroy the many. No matter how hard anyone tries, or does not mention the other agencies involved in this predatory prosecution (U.S. Secret Service, complaint educational institution, etc.) it was a nationally directed effort to take down Aaron Swartz. This is why it is so ironic to appeal to the body politic in the given situation, it is like asking the proverbial fox to watch the hen house. To deny the complicity of the whole because of the few is futile, and rest assured they will contain the damage which this should give to the entire judicial system.

When ideas which are contrary to the ruling interest gain ascendance, and champions rise up to the cause they will be targeted. I know this is a distasteful post, it is like pronouncing a condition of cancer to someone who is feeling ill – who wants to hear that? However, if it is true then it should be exposed, and it does no service to anyone to allow the victim to continue oblivious to the condition. I would want someone like Edward H. Levi to rise up as much as Mr. Silverglate, but these are different times – no one is going to defend students occupying buildings on campuses, or limit the activity of the FBI from the inside. Let me end with a quote, which I think fits the situation:

Bertrand Russell, The Scientific Outlook in 1931 wrote this:

“On those rare occasions, when a boy or girl who has passed the age at which it is usual to determine social status shows such marked ability as to seem the intellectual equal of the rulers, a difficult situation will arise, requiring serious consideration. If the youth is content to abandon his previous associates and to throw in his lot whole-heartedly with the rulers, he may, after suitable tests, be promoted, but if he shows any regrettable solidarity with his previous associates, the rulers will reluctantly conclude that there is nothing to be done with him except to send him to the lethal chamber before his ill-disciplined intelligence has had time to spread revolt. This will be a painful duty to the rulers, but I think they will not shrink from performing it.”

The only deterrent? The people must dismantle this system. If those who watch me want to strike out, they know where to find me. Thank you for your significant contribution Mr. Silverglate.

How does one satisfy the litmus of whether damage was done? For example,
say the Chinese hack the CIA, but do nothing obvious except look around (in other words, they don’t vandalize the site). The risk, of course, is that they gained knowledge that *could* be damaging to US interests. But how do you later prove they acted on what they learned, and thus satisfied the damage component?

When the victim of a crime recommends that no prosecution be under-taken, that it wasn’t really a big deal than what else is really left as a reason to prosecute? It seems at least in this case it was to “send a message” and that message was ‘If you’re smart you better not make us mad or we will destroy you’. I personally do think there is more to this story. Perhaps his involvements in other events put him on one of those government lists of ‘problem people’. We know from history that it has happened over and over again from the commie black lists in the movie industry to COINTELPRO and beyond. That is a mater of public record and I really don’t think things have changed.

This man stole nothing, he had legal access to this system and while he did perhaps violate the terms of service of the system he honestly did very little wrong. As far as accessing the data closet I don’t think he did that even thinking it was wrong. In fact it was far better to directly connect to the network than tie up other resources whether it be wireless bandwidth or the computer time of a firewall, router(s) or other type of gateway (it’s debatable). Now he did continue accessing the system after his IP/MAC information was banned and he should have thought about why that had happened. He should have spoke with someone about it but as a technical person I understand that in his mind it was just easier to reconnect. After all we are not talking about a person who wanted to make a profit let alone hurt anyone so why think he had a negative intent? Was he really a bad man or did he just not think what he was doing was wrong? A lot of smart people have trouble understanding these sort of things. They are not in it for the money they are in it for the wisdom or to advance their fields of interest which, in the end, helps all of us!

I’m not saying nothing should have happened to him but in my mind anything beyond probation should never have happened. I understand why a prosecutor might want to ‘turn the screws’ so to speak but you just don’t act that way on every case and when you do you have to keep in mind that you are acting in a VERY gray area. What if you get it wrong? What if the person didn’t do it? That should always be considered whenever you feel like turning up the heat.

One last thing, I don’t think people know or even what to know that every one of us does something illegal at one point or another just by using a computer or cell phone. Something REALLY illegal, as in 10 years in jail ILLEGAL. Does everyone here really read those contracts on their cell plan, or the copy of Windows 7 or “Adobe $variable$” let alone the TOS of every website they visit? Heck it’s worse than that honestly. An example, right now in VA if you live with your girlfriend out of wedlock you are breaking the law! Now it’s just a misdemeanor but still do you really want a record for just living with someone?…

This man could be anyone of us and I truly mean ANYONE, not just some weird nerd in a basement somewhere. I don’t think that most really understanding this or even want to know this but it is the truth.

Sorry for the grammar and spelling. I have problems understanding them but I sure as heck understand more than most when it comes to physics and computers so it all balances out.

Thanks for reading…

There is a parallel from several years back, during the investigation of certain officials of EOTC, with regard to allegations of false statement made in bond prospectuses to fund Big Dig construction. There was a determination made not to prosecute, essentially because the goal was to protect taxpayers by keeping the bond rating higher, and nobody was hurt, as the bond purchasers were fully paid.

Then there was the prosecution of an insurance lobbyist under the honest services mail fraud statute for violating the misdemeanor lobbying statutes on gifts.

It will take courage, indeed for an elected or appointed lawyer/official to stand up against the current and very formidable politically correct mindset among elected officials and politically sensitive prosecutorial staff at almost any level.
This layman reading these various comments here has come away with a new cautious wariness of some of the practitioners of the Law as they read it. Some of the the luster has faded.

The emerging new demographics of the voters is apparently a vital consideration of all in appointed public prosecutorial service positions.

Don’t smirk, dear readers…as I said, some of the luster of the practice of the Law has grown dim.