Aaron Swartz, Carmen Ortiz and the meaning of justice

Aaron Swartz in January 2012. Photo (cc) by Daniel J. Sieradski. For details, click on image.
Aaron Swartz in January 2012

An earlier version of this commentary was published on Sunday at The Huffington Post.

The suicide of Internet activist Aaron Swartz has prompted a wave of revulsion directed at U.S. Attorney Carmen Ortiz, who was seeking to put him in prison for 35 years on charges that he illegally downloaded millions of academic articles.

Swartz, 26, who helped develop the RSS standard and was a co-founder of Reddit, was “driven to the edge by what a decent society would only call bullying,” wrote his friend and lawyer Lawrence Lessig. “I get wrong,” Lessig added. “But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.”

By Monday morning, more than 11,000 people had signed an online petition asking President Obama to remove Ortiz. Swartz’s family released a statement that said in part: “Aaron’s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach.”

Ortiz’s vindictiveness toward Swartz may have seemed shocking given that even the victim of Swartz’s alleged offense — the academic publisher JSTOR — did not wish to press charges. But it was no surprise to those of us who have been observing Ortiz’s official conduct as the top federal prosecutor in Boston.

Last July I singled out Ortiz as the lead villain in the 2012 Muzzle Awards, an annual feature I’ve been writing for the Phoenix newspapers of Boston, Providence and Portland since 1998. The reason: her prosecution of Tarek Mehanna, a Boston-area pharmacist who had acted as a propagandist for Al Qaeda.

Mehanna was sentenced to prison for 17 years — not because of what he did, but because of what he said, wrote and translated. Though Mehanna had once unsuccessfully sought training at a jihadi terrorist camp in Yemen, the government’s case was based almost entirely on activities that were, or should have been, protected by the First Amendment.

Make no mistake: Mehanna’s propaganda was “brutal, disgusting and unambiguously supportive of Islamic insurgencies in Iraq, Afghanistan and Somalia,” Yale political scientist Andrew March wrote in The New York Times. But as March, the ACLU and others pointed out in defense of Mehanna, the more loathsome the speech, the more it deserves protection under the Constitution.

In addition to the prosecution of Tarek Mehanna and the persecution of Aaron Swartz, there is the matter of Sal DiMasi, a former speaker of the Massachusetts House who is now serving time in federal prison on political corruption charges brought by Ortiz.

Last June DiMasi revealed he had advanced tongue cancer — and he accused federal prison authorities of ignoring his pleas for medical care while he was shuttled back and forth to Boston so that he could be questioned about a patronage scandal Ortiz’s office was investigating. It would be a stretch to connect Ortiz directly with DiMasi’s health woes. She is, nevertheless, a key player in a system that could transform DiMasi’s prison sentence into a death sentence.

Notwithstanding the anger that has been unleashed at Ortiz following Aaron Swartz’s death, she should not be regarded as an anomaly. As the noted civil-liberties lawyer Harvey Silverglate pointed out in his 2009 book, “Three Felonies a Day: How the Feds Target the Innocent,” federal prosecutors have been given vague, broad powers that have led to outrages against justice across the country.

“Wrongful prosecution of innocent conduct that is twisted into a felony charge has wrecked many an innocent life and career,” wrote Silverglate, a friend and occasional collaborator. “Whole families have been devastated, as have myriad relationships and entire companies.”

Ortiz may now find that her willingness to use those vast powers against Swartz could have a harmful effect on her future.

As a Latina and as a tough law-and-order Democrat, she has been seen as a hot political property in Massachusetts. In 2011 The Boston Globe Magazine named her its “Bostonian of the Year.” She recently told the Boston Herald she was not interested in running for either the U.S. Senate or governor. But that doesn’t mean she couldn’t be persuaded. Now, though, she may be regarded as damaged goods.

Those who are mourning the death of Aaron Swartz should keep in mind that he had long struggled with depression. Blaming his suicide on Carmen Ortiz is unfair.

Nevertheless, the case she was pursuing against Swartz was wildly disproportionate, and illustrated much that is wrong with our system of justice. Nothing good can come from his death. But at the very least it should prompt consideration of why such brutality has become a routine part of the American system of justice.

Update: MIT, where Swartz allegedly downloaded the JSTOR articles, has announced an internal investigation, reports Evan Allen of The Boston Globe. Lauren Landry of BostInno has statements from MIT president Rafael Reif and from JSTOR.

Photo (cc) by Daniel J. Sieradski via Wikimedia Commons and published here under a Creative Commons license. Some rights reserved.

Mass. teachers join the national surveillance state

Photo via Wikimedia Commons (click here for info)

Teachers in Massachusetts must now submit to being fingerprinted. And another part of our liberties just died.

This happened so quickly and quietly that I had no idea it was in the works until I read a small Associated Press item in the Boston Globe this morning. Googling revealed a detailed story published by Patch. The new law, signed on Thursday by Gov. Deval Patrick, pertains to everyone who works at schools and child-care centers. As this press release from the governor’s office makes clear, the law applies to private-school teachers as well.

Please read this sentence twice: The information would be forwarded to the State Police and from there make its way to the FBI.

It’s always easy to defend such measures as being in the best interests of kids. And if you’ve got nothing to hide, why should you care?

Let me offer a hypothetical. A teacher’s fingerprints could turn up in an investigation that has nothing to do with kids. That teacher will then be hauled in the police for reasons that have nothing to do with why the fingerprints were submitted in the first place — putting teachers at greater legal jeopardy than those of us whose fingerprints are not on file.

In effect, teachers are becoming part of the national surveillance state as the price of being employed. Taken in isolation, maybe it’s not a big deal. Several other states, including New York, already fingerprint teachers. But it chips away at our freedom, and it’s too bad Patrick decided to pander rather than use his veto pen.

Standing up for freedom of the press in Kazakhstan

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Click to watch documentary at Al Jazeera English

Yevgeniya Plakhina, a young media activist from Kazakhstan whom I met at a conference in that country’s largest city, Almaty, in 2009, is asking supporters of free and independent journalism to sign a petition on behalf of her former newspaper, Respublika. She writes:

Unfortunately, Kazakhstan is passing through “Turkmenization” phase, and after events in Zhanaozen where local police opened fire at peaceful demonstration our government tries to close down all the remaining critical media (please, find details in the text of the petition), including Respublika newspaper where I used work for several years. We are seeking support from our colleagues overseas to demonstrate solidarity with Kazakh journalists. If you can, please, sign or share this petition (http://chn.ge/12y7BWW) with your colleagues, maybe they’ll be willing and able to support us. Thank you for your help!

You can learn a lot more about media repression in Kazakhstan by watching a documentary about Respublika, “The Fight to Publish” (above), which was broadcast last spring on Al Jazeera English. Among other things, you’ll see a Respublika journalist covering shootings in Zhanaozen.

Despite my skepticism that any more than a handful of people are going to watch the new Al Jazeera America, this is why it’s important that it be available — as old friend Rory O’Connor points out in the Huffington Post.

Naming names

I’ve seen an uptick in anonymous, pseudonymous and first-name-only comments recently. Some of them are really good, but I won’t post without a real name, first and last — clearly spelled out when you try to post. Here is the full Media Nation comments policy along with some of my reasons for implementing it.

In some cases, it may just be a matter of how you registered with WordPress. (Note: Registration is not necessary.) If you think that’s you, please read this.

WTKK and the ongoing collapse of corporate radio

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This commentary was previously published by the Huffington Post.

Update: I’ll be on New England Cable News on Friday at 7:15 a.m. to talk about WTKK and the future of radio.

At 10 a.m. on Wednesday, Jim Braude and Margery Eagan signed off for the last time from the morning talk show they had hosted on Boston’s WTKK Radio (96.9 FM). A few minutes later, the station reemerged as Power 96.9, a faceless entity blasting out robo-music of some sort. And Boston found itself with just one full-time talk radio station. (The station was quickly redubbed Nova 96.9, apparently because of this.)

The demise of WTKK has been portrayed as another nail in the coffin of right-wing talk radio. The estimable D.R. Tucker calls it part of “a downward spiral for a key element of the conservative entertainment complex.” And, yes, that’s surely part of it.

But what we are really seeing is the demise of commercial radio in general, as corporate owners (Greater Media in WTKK’s case) attempt to squeeze the last few nickels of profit out of a medium that may be in its final stage of collapse.

By the end, WTKK wasn’t even a right-wing talk station. Braude, a liberal, and Eagan, a moderate, hosted a civil show that was more about entertainment than politics. Moderate politics and humor were the rule during midday. The only right-winger was afternoon host Michael Graham, whose idea of a good time was to make fun of people with dwarfism.

It was a far cry from the days when WTKK’s signature host, Jay Severin, would call Al Gore “Al Whore” and refer to Hillary Clinton as “a socialist” and “a pig.” Then again, Severin himself was long gone, having made the mistake of joking about sex with interns at a moment when his ratings were falling.

During the 1970s, ’80s and ’90s, Boston was a terrific town for talk radio, the home of pioneers such as David Brudnoy, Jerry Williams and Gene Burns, among others. Yes, they leaned right, but their approach was intelligent and respectful (OK, Williams often wasn’t respectful), and they were immersed in the local scene in a way that few talk-show hosts are these days.

So now we are left with one full-time talk station, WRKO (AM 680), home to right-wingers Rush Limbaugh and Howie Carr, a local legend whose shtick descended into bitter self-parody years ago. (Limbaugh’s syndicated show recently moved back to WRKO from a weak AM station owned by Clear Channel.) It certainly hasn’t helped either WTKK or WRKO that their ratings pale in comparison to two full-time sports stations — a phenomenon that didn’t exist during the heyday of local talk.

The only bright light is Dan Rea, who helms a very conservative evening program on all-news station WBZ (AM 1030). Rea, a former television reporter, eschews the shouting and demeaning putdowns in favor of smart conversation.

What happened to talk radio in Boston? I would point to three factors. And I would suggest that none of these are unique to our part of the country. Boston may be on the leading edge, but these same trends could sweep away talk elsewhere, too.

• Corporate consolidation. Since the passage of the lamentable Telecommunications Act of 1996, corporations have been buying up radio stations in market after market, transforming what was once a strictly local affair into a bottom-line-obsessed business.

As far back as 1997 I wrote in the Boston Phoenix that the rise of chain ownership would eventually kill local talk. We are now seeing that come to fruition. The automated music stations that are on the rise may not garner many listeners. But they are cheap, which means that their owners can bleed some profits out of them regardless.

“In our current media environment, corporate owners seem to have less tolerance for the station that is unusual, the station with the niche audience,” media scholar and radio consultant Donna Halper wrote for Media Nation earlier this year. “Part of what makes radio unique as a mass medium is its ability to befriend the listener. So losing a favorite station is much like losing a friend.”

• The rise of public radio. Boston is home to an exceptionally vibrant public radio scene. Two stations with strong signals — WBUR (90.9 FM) and WGBH (89.7 FM) — broadcast news, public-affairs programming and (yes) talk all day and night, and enjoy some of the largest audiences in the Boston area. (Disclosure #1: I’m a paid contributor to WGBH’s television station, Channel 2.) Other, smaller public stations broadcast far more eclectic musical offerings than anything on commercial radio.

This trend is related to corporate consolidation, as it was the slide in quality on the for-profit side that sent many listeners fleeing to nonprofit radio. If anything, that trend will accelerate.

• Technological change. Earlier this year The Phoenix sold the FM signal for its independent rock station, WFNX, to Clear Channel — but kept streaming online. The Boston Globe, meanwhile, hired a few of the people who were laid off when WFNX left the air and now streams its own indie rock station, RadioBDC. All of a sudden, we’ve got a war between two local music stations, neither one of which can be heard over the air. (Disclosure #2: I’m an occasional contributor to The Phoenix.)

These days it’s not difficult to stream Internet radio in your car, which is where most radio listening takes place. Pandora, Spotify and out-of-town music stations (WWOZ of New Orleans is a favorite of mine) are powerful draws, which gives the local flavor of online stations like RadioBDC and WFNX a considerable edge over computer-programmed corporate radio — or, for that matter, subscription-based satellite radio.

It is this last development that gives me reason for optimism. Radio has always been held back by the physical limits of the broadcast spectrum. In a world in which those limits don’t exist, “radio” stations must compete on the strength of their programming rather than their stranglehold on the AM and FM dials.

Seen in that light, the end of WTKK is just another step on the road toward what may be a brighter, more diverse radio future.