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View Diary: Aaron Swartz Was Going Home With a Slap On The Wrist. Then The Feds Got Involved (274 comments)

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  •  He wouldn't have been facing ANY time ... (0+ / 0-)

    if he hadn't taken it upon himself to break 13 laws.  It would have been one thing if he somehow didn't appreciate the risk (due to mental illness or whatever), but he clearly did ... as proven by the photographs of him attempting to hide his face from security cameras positioned at MIT to capture his visit to check on his hidden laptop.

    "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

    by Neuroptimalian on Mon Jan 28, 2013 at 04:14:06 PM PST

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    •  please (15+ / 0-)

      for starters, he was charged with 13 counts, not breaking 13 separate laws.

      Second, it's questionable whether he broke any laws at all (or at least any laws that will stand up to judicial review), since he kind of didn't get his day in court. Neither JSTOR nor the local/state authorities tried to throw the book at him. So, yes, it remains highly questionable whether he did anything worth a felony charge at all. (And Ortiz saw fit to generously offer a 6-month plea bargain, which should indicate the relative monstrosity & damage to society of the "crimes" alleged.)

      And really, just cause you're hiding doesn't mean much divorced from context. It depends on who/what you're hiding from, dunnit? To pick an extreme example, fugitives on the Underground Railroad were definitely hiding, weren't they?

      •  Why would anyone appointed by Obama have (5+ / 0-)
        Recommended by:
        AoT, mrkvica, TheMomCat, wu ming, JVolvo

        agreed to charge him if he wasn't guilty?

        It's just like Manning.  You people think the President, and by extension his appointees, aren't able to tell the guilty from the innocent?

        They know who broke the laws better than you ever will.  

        We don't need judges or juries to know who needs to die.  Just a President we can trust.

        "I have often seen people uncivil by too much civility, and tiresome in their courtesy." Michel de Montaigne

        by JesseCW on Mon Jan 28, 2013 at 05:20:11 PM PST

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      •  It matters little ... (1+ / 0-)
        Recommended by:
        evanaj

        whether he broke 13 different laws, only one law 13 times, or some combination thereof.

        Second, he "didn't get his day in court" because HE elected to avoid it.

        Third, victims sometimes forgive those who've committed crimes against them yet the authorities prosecute the defendants anyway "on behalf of the people", which is who the prosecutors actually represent.

        Fourth, the "hiding" definition defense is irrelevant and a strawman argument.  The UR fugitives were "hiding" to save their lives; Swartz "hid" to try and avoid being identified as the perpetrator of a massive theft.  The two are not remotely comparable.

        "Two things are infinite: the universe and human stupidity, and I am not sure about the universe." -- Albert Einstein

        by Neuroptimalian on Mon Jan 28, 2013 at 07:45:49 PM PST

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