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W 2011 r. Swartz został aresztowany w Bostonie i oskarżony o hakerstwo, w tym o bezprawne ściąganie z sieci plików należących do archiwów słynnego Masssachusetts Institute of Technology (MIT). Nie przyznał się do winy. Jego proces miał rozpocząć się w kwietniu. W przypadku skazania groziłoby mu wieloletnie więzienie i olbrzymia grzywna. |
Konkretnie: za to że ominął "zabezpieczenia" (których nie było) by ściągnąć z serwera uniwersytetu
pliki pdf z publikacjami naukowymi.
Za to został aresztowany w 2011, a w kwietniu miał się rozpocząć proces w którym prokurator domagał się dla niego 35 lat więzienia.
Taka to amerykańska wolność i demokracja
The Truth about Aaron Swartz´s "Crime"
Alex Stamos
I did not know Aaron Swartz, unless you count having copies of a person´s entire digital life on your forensics server as knowing him. I did once meet his father, an intelligent and dedicated man who was clearly pouring his life into defending his son. My deepest condolences go out to him and the rest of Aaron´s family during what must be the hardest time of their lives.
If the good that men do is oft interred with their bones, so be it, but in the meantime I feel a responsibility to correct some of the erroneous information being posted as comments to otherwise informative discussions at Reddit, Hacker News and Boing Boing. Apparently some people feel the need to self-aggrandize by opining on the guilt of the recently departed, and I wanted to take this chance to speak on behalf of a man who can no longer defend himself. I had hoped to ask Aaron to discuss these issues on the Defcon stage once he was acquitted, but now that he has passed it is important that his memory not be besmirched by the ignorant and uninformed. I have confirmed with Aaron´s attorneys that I am free to discuss these issues now that the criminal case is moot.
I was the expert witness on Aaron´s side of US vs Swartz, engaged by his attorneys last year to help prepare a defense for his April trial. Until Keker Van Nest called iSEC Partners I had very little knowledge of Aaron´s plight, and although we have spoken at or attended many of the same events we had never once met.
Should you doubt my neutrality, let me establish my bona fides. I have led the investigation of dozens of computer crimes, from Latvian hackers blackmailing a stock brokerage to Chinese government-backed attacks against dozens of American enterprises. I have investigated small insider violations of corporate policy to the theft of hundreds of thousands of dollars, and have responded to break-ins at social networks, e-tailers and large banks. While we are no stranger to pro bono work, having served as experts on EFF vs Sony BMG and Sony vs Hotz, our reports have also been used in the prosecution of at least a half dozen attackers. In short, I am no long-haired-hippy-anarchist who believes that anything goes on the Internet. I am much closer to the stereotypical capitalist-white-hat sellout that the antisec people like to rant about (and steal mail spools from) in the weeks before BlackHat.
I know a criminal hack when I see it, and Aaron´s downloading of journal articles from an unlocked closet is not an offense worth 35 years in jail.
[...]
In short, 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. 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.
If I had taken the stand as planned and had been asked by the prosecutor whether Aaron´s actions were "wrong", I would probably have replied that what Aaron did would better be described as "inconsiderate". In the same way it is inconsiderate to write a check at the supermarket while a dozen people queue up behind you or to check out every book at the library needed for a History 101 paper. It is inconsiderate to download lots of files on shared wifi or to spider Wikipedia too quickly, but none of these actions should lead to a young person being hounded for years and haunted by the possibility of a 35 year sentence.
czytaj dalej:
http://unhandled.com/2013/01/12/the-truth-about-aaron-swartzs-crime/
JSTOR statement on the death of Aaron Swartz
We are deeply saddened to hear the news about Aaron Swartz. We extend our heartfelt condolences to Aaron´s family, friends, and everyone who loved, knew, and admired him. He was a truly gifted person who made important contributions to the development of the internet and the web from which we all benefit.
We have had inquiries about JSTOR´s view of this sad event given the charges against Aaron and the trial scheduled for April. The case is one that we ourselves had regretted being drawn into from the outset, since JSTOR´s mission is to foster widespread access to the world´s body of scholarly knowledge. At the same time, as one of the largest archives of scholarly literature in the world, we must be careful stewards of the information entrusted to us by the owners and creators of that content. To that end, Aaron returned the data he had in his possession and JSTOR settled any civil claims we might have had against him in June 2011.
JSTOR is a not-for-profit service and a member of the internet community. We will continue to work to distribute the content under our care as widely as possible while balancing the interests of researchers, students, libraries, and publishers as we pursue our commitment to the long-term preservation of this important scholarly literature.
We join those who are mourning this tragic loss.
http://about.jstor.org/statement-swartz