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1 recusancy  Sat, Jan 26, 2013 8:16:07am

They’re right about the highly disproportionate sentencing. What they did to Aaron Swartz was a tragedy.

2 Dark_Falcon  Sat, Jan 26, 2013 8:24:19am

re: #1 recusancy

They’re right about the highly disproportionate sentencing. What they did to Aaron Swartz was a tragedy.

He hadn’t yet been convicted, so that’s not entirely apt. Moreover, prosecutors routinely use sentencing recommendations to send messages that certain behavior is considered especially bad and will not be tolerated.

3 recusancy  Sat, Jan 26, 2013 8:28:20am

re: #2 Dark_Falcon

He hadn’t yet been convicted, so that’s not entirely apt. Moreover, prosecutors routinely use sentencing recommendations to send messages that certain behavior is considered especially bad and will not be tolerated.

He wasn’t stupid. He knew what he was facing. He was out of money to defend himself. What Carmen Ortiz did was bullying. JSTOR dropped the charges but Ortiz kept at it because she wanted to make a name for herself and run for Governor.

4 Dark_Falcon  Sat, Jan 26, 2013 9:00:28am

re: #3 recusancy

He wasn’t stupid. He knew what he was facing. He was out of money to defend himself. What Carmen Ortiz did was bullying. JSTOR dropped the charges but Ortiz kept at it because she wanted to make a name for herself and run for Governor.

He was surprised by that? Heck, that’s part of how prosecutors operate: They work to run the defendant out of money, because once the money is gone the defense no longer has access to expert testimony of its own and without that technical cases like this almost always end in conviction.

5 recusancy  Sat, Jan 26, 2013 9:35:56am

re: #4 Dark_Falcon

He was surprised by that? Heck, that’s part of how prosecutors operate: They work to run the defendant out of money, because once the money is gone the defense no longer has access to expert testimony of its own and without that technical cases like this almost always end in conviction.

And is this a good thing? That’s the issue. This type of thing needs to stop. It’s not how prosecutors should operate.

6 Obdicut  Sat, Jan 26, 2013 10:31:24am

re: #2 Dark_Falcon

He hadn’t yet been convicted, so that’s not entirely apt. Moreover, prosecutors routinely use sentencing recommendations to send messages that certain behavior is considered especially bad and will not be tolerated.

His behavior wasn’t bad, though. At worst, it was semi-neutral. The place that supposedly ‘suffered’ from his actions didn’t want him prosecuted. The prosecutor was doing this not out of the needs of justice, but politics.

7 celticdragon  Sat, Jan 26, 2013 11:24:09am

Truth be told, I am sympathetic to Anonymous on this one.

The Justice Department couldn’t be be bothered to actually prosecute HSBC which was laundering money for terrorists, rogue nations and drug cartels, but they were willing to dedicate potentially thousands of man hours and hundreds of thousands of dollars to go after Swartz for downloading too many documents from JSTOR (which he was authorized to do, but one at a time).

Fuck Ortiz.

8 EPR-radar  Sat, Jan 26, 2013 1:50:56pm

re: #7 celticdragon

Truth be told, I am sympathetic to Anonymous on this one.

The Justice Department couldn’t be be bothered to actually prosecute HSBC which was laundering money for terrorists, rogue nations and drug cartels, but they were willing to dedicate potentially thousands of man hours and hundreds of thousands of dollars to go after Swartz for downloading too many documents from JSTOR (which he was authorized to do, but one at a time).

Fuck Ortiz.

Also agreed. The Justice Department has better things to do than act as Brazil-style copyright police, and should focus its resources accordingly.

The perception and reality that sufficiently wealthy/powerful people and institutions are above the law is very damaging. The DOJ should be leading the way on this issue by actually going after some hard targets for once.


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