Rep. Issa Promises Investigation Into Aaron Swartz Case

from the prosecutorial-overreach dept

Wed, Jan 16th 2013 11:16am — Mike Masnick

The backlash following Aaron Swartz's suicide has continued as Rep. Darrell Issa is now promising an investigation into the DOJ's handling of the case, according to statements he gave to the Huffington Post:

Praising Swartz’s work toward “open government and free access to the people,” Issa told HuffPost that the government's case against Swartz is problematic enough to warrant further investigation.

“I’m not condoning his hacking, but he’s certainly someone who worked very hard,” Issa said. “Had he been a journalist and taken that same material that he gained from MIT, he would have been praised for it. It would have been like the Pentagon Papers.”

Issa then specifically called out how prosecutors could go too far in pressuring innocent people to plead guilty:

“I’ll make a risky statement here: Overprosecution is a tool often used to get people to plead guilty rather than risk sentencing,” Issa said. “It is a tool of question. If someone is genuinely guilty of something and you bring them up on charges, that’s fine. But throw the book at them and find all kinds of charges and cobble them together so that they’ll plea to a 'lesser included' is a technique that I think can sometimes be inappropriately used.”

Issa, of course, has been a long time critic of the DOJ under President Obama, so it's likely that some will just brush this off as an opportunity to go on a partisan attack. However, it appears this attack may be growing bipartisan support. We've already mentioned Rep. Zoe Lofgren's plans to propose legislation to limit what the DOJ can do in these kinds of cases, and others on both sides of the aisle have started expressing concerns about prosecutorial overreach by Carmen Ortiz.

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Filed Under: aaron swartz, darrell issa, doj

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Anonymous Coward, 16 Jan 2013 @ 11:44am

Oh look, Lofgren and Issa are capitalizing on Swartz's suicide. Just like Mike. Disgusting.
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- weneedhelp (profile), 16 Jan 2013 @ 11:50am
  
  Re:
  capitalizing how? They are using his unfortunate death to do good for the nation, not personal or political gain.
  
  Not like they are exploiting dead children to further an anti-gun agenda.
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- Chosen Reject (profile), 16 Jan 2013 @ 11:55am
  
  Re:
  You have an interesting idea of what capitalizing on someone's tragedy means.
  
  Oh look, John Adams and the rest of the First Continental Congress capitalizing on the economic loss of the East India Company.
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- Anonymous Coward, 16 Jan 2013 @ 11:58am
  
  Re:
  Oh look, you. Disgusting.
  [ link to this | view in chronology ]
  - This comment has been flagged by the community. Click here to show it
    
    Anonymous Coward, 16 Jan 2013 @ 12:16pm
    
    Re: Re:
    Just look at all of the articles Mike's pumped out this week, using Swartz's tragedy to get as many eyeballs to his zealous cause as he can. It's truly disgusting. I blame the zealots for his suicide more than this prosecutor. I mean that. This poor boy was indoctrinated into the cult at a young age. It's terribly sad what it got him. You should be ashamed.
    [ link to this | view in chronology ]
    - silverscarcat (profile), 16 Jan 2013 @ 12:21pm
      
      Re: Re: Re:
      The only person I see that should be ashamed is you.
      [ link to this | view in chronology ]
      - Josh in CharlotteNC (profile), 16 Jan 2013 @ 12:23pm
        
        Re: Re: Re: Re:
        That's unlikely to happen. He's had his shame surgically removed upon joining the copyright cult.
        [ link to this | view in chronology ]
    - DannyB (profile), 16 Jan 2013 @ 12:23pm
      
      Re: Re: Re:
      Wow. Every single one of those sentences a lie. That's a new record of despicable.
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    - CK20XX, 16 Jan 2013 @ 12:34pm
      
      Re: Re: Re:
      I see one of your words got cut off when you posted. Lemme fix that for you.
      
      cult -> cultural movement
      
      What you are actually witnessing is a paradigm shift as the new generation replaces the old generation. Us youthful up-and-comers are sick and disgusted at how you old fogies accuse others of relishing in your favorite sins simply to draw attention away from your astounding levels of corruption.
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      - Anonymous Anonymous Coward, 16 Jan 2013 @ 5:50pm
        
        Re: Re: Re: Re:
        Hey Hey. I love this. New generation. I would like to thank you for including all of us over 60 supporters of this "New Paradigm" that would revert us back to before the Treaty of Anne and the Guild system. Kind of a double entendre type of compliment.
        
        Lets try repeated paradigm and socially conscious individuals, eh?
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        CK20XX, 16 Jan 2013 @ 9:09pm
        
        Re: Re: Re: Re: Re:
        Bah, sorry. It's just, how can you not get angry at a disgusting comment like that?
        
        Glad to have you you as part of the young generation though, just like Ben Franklin was. He was simultaneously the oldest and the youngest member in congress for a while.
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    - weneedhelp (profile), 16 Jan 2013 @ 12:48pm
      
      Re: Re: Re:
      Who is this Swartz YOU are talking about? Because the one we knew about was nothing like what you describe above. Its appalling you would slander his name in such a way.
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      - Anonymous Coward, 16 Jan 2013 @ 12:53pm
        
        Re: Re: Re: Re:
        He's apparently trying to slander someone else since he can't get that the name of the person everyone else is talking about correct.
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        Anonymous Coward, 16 Jan 2013 @ 12:55pm
        
        Re: Re: Re: Re: Re:
        I retract. Misread.
        [ link to this | view in chronology ]
        
        Anonymous Coward, 16 Jan 2013 @ 1:03pm
        
        Re: Re: Re: Re: Re: Re:
        derp
        [ link to this | view in chronology ]
        
        Anonymous Coward, 16 Jan 2013 @ 1:10pm
        
        Re: Re: Re: Re: Re: Re: Re:
        That is why I retracted. I oppsed. My bad.
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      - Anonymous Coward, 16 Jan 2013 @ 12:56pm
        
        Re: Re: Re: Re:
        Still agree with YOU though.
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    - Anonymous Coward, 16 Jan 2013 @ 12:54pm
      
      Re: Re: Re:
      As I said, disgusting.
      [ link to this | view in chronology ]
- Josh in CharlotteNC (profile), 16 Jan 2013 @ 12:17pm
  
  Re:
  I don't remember any outrage from you when the prosecutors were capitalizing on a misdemeanor crime to further their careers.
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Killer_Tofu (profile), 16 Jan 2013 @ 11:53am

Not Quite, Issa
I�m not condoning his hacking

Well that is okay since he didn't hack anything. At least not with the case the DoJ picked up here anyways.

a technique that I think can sometimes be inappropriately used

That strikes me as a technique that should never be used, and would only be used by those who do not really value justice. They more so value the idea of 'winning'.

If a prosecutor really valued justice, they would only charge people with crimes they actually commit, and not just try to throw the book at somebody because they didn't like them or disagreed with something they did.
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- weneedhelp (profile), 16 Jan 2013 @ 12:00pm
  
  Re: Not Quite, Issa
  I�m not condoning his hacking.
  
  KT, I was just searching the interwebs in response to that exact statement, trying to learn more about Aaron and I cant find anything related to hacking? Was he a hacker? (Seeing his skill-set it would not be hard to believe.)
  
  Why are they calling this a hack? He was allowed access. Ill read the older articles again when I get home, but it seems really shady he is labeled a hacker for this.
  
  Did I miss something?
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  - DCX2, 16 Jan 2013 @ 2:29pm
    
    Re: Re: Not Quite, Issa
    Well, some people are calling it a hack because he did something with a computer that he allegedly wasn't supposed to. That rises to some people's definition of "hack".
    
    However, he did attempt to circumvent some very weak access controls. JSTOR/MIT began implementing IP/MAC blocking to stop the quasi-DoS that Mr. Swartz was engaging in. In turn, he spoofed his IP/MAC to circumvent their blocks. I can almost - and I stress almost - see how MAC spoofing can be considered a hack to get around a MAC block.
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    - weneedhelp (profile), 16 Jan 2013 @ 2:44pm
      
      Re: Re: Re: Not Quite, Issa
      Thank you. I thought I had the details right.
      
      "see how MAC spoofing can be considered a hack to get around a MAC block." - It was circumvention to gain access.
      
      But that would be like tying a shoe string around a fence on public property and then arresting someone for breaking and entering when they untied it. Thanks DCX2.
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  - Reality Check, 16 Jan 2013 @ 7:40pm
    
    Re: Re: Not Quite, Issa
    It's like when a kid leaves his facebook logged in, and another kid comes in and changes his gender to gay...
    
    Then they brag that they 'Hacked'.
    
    Or more like when a kid finds an xml file for a PC game, and changes the damage their favorite weapon does...
    
    Then they brag they 'Hacked'.
    
    Or more like when you walk in the front door of the public library and read a book that's in a section behind a velvet rope.
    
    Then the Justice Department arrests you and claims you 'Hacked' like a 'Terrorist'.
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- Anonymous Coward, 16 Jan 2013 @ 12:04pm
  
  Re: Not Quite, Issa
  Congressmen don't know what "hacking" is. To them it's a buzzword that means opening a valve in the series of tubes.
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  - weneedhelp (profile), 16 Jan 2013 @ 12:26pm
    
    Re: Re: Not Quite, Issa
    In other news, Italian Plumber only known as "Mario" faces up to 500 years in prison for hacking the intertubes for decades. Mario was unavailable for comment, but his brother Luigi had this to say: "Anything is possible, Mario, you just gotta believe in it. "
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    - Rich, 16 Jan 2013 @ 12:47pm
      
      Re: Re: Re: Not Quite, Issa
      Nice!
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    - Anonymous Coward, 16 Jan 2013 @ 1:04pm
      
      Re: Re: Re: Not Quite, Issa
      The Attorney General issued a statement claiming he "stole" untold millions of gold coins of over this period of time despite the fact that the my the defense pointed out that these items were freely available to collect by anyone in the system and would automatically regenerate themselves after a period of time.
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  - Ninja (profile), 17 Jan 2013 @ 2:34am
    
    Re: Re: Not Quite, Issa
    I was just going to say that. What the heck did he hack? I mean, if writing a simple script like that is hacking I am a hacker. And you can learn how to be a master hacker (that can face 50 years in prison and multiple felony charges) using Google.
    
    Wait, close Google down, it's promoting hacking!
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Anonymous Coward, 16 Jan 2013 @ 12:02pm

At LEAST...
Ortiz and Heymann need to be summoned before Congress to attempt to defend their actions publicly. That is the LEAST of what needs to happen.
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- Travis, 16 Jan 2013 @ 12:04pm
  
  Re: At LEAST...
  There's a stink of corruption around the DOJ. First MegaUpload, then Dajaz, and now this? Come on people... There's SOMETHING wrong when the DO"J" should have quotes around "Justice"
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  - Anonymous Coward, 16 Jan 2013 @ 12:09pm
    
    Re: Re: At LEAST...
    I think you mean first "Dajaz1, THEN MegaUpload..." but otherwise I agree the DOI (Dept of Injustice) has quite a stench.
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Anonymous Cow (moo moo), 16 Jan 2013 @ 12:05pm

USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1
" �I�ll make a risky statement here: "
Proof that America is corrupt as fuck: When you hear a politician saying FACTS are "risky statements".
Risky for him to stand up and speak the truth against politician's donors wishes.
Private prisons and lawyers with 100% conviction records will be pissed !

The plea bargin is illegal in lots of countries for a very good reason.
USA 2000 statistics:
Public Counsel
87.1% plea bargained their case
5.2% went to trial
Private Counsel
84.6% plea bargained
6.4% took their case to trial

Wonder why America has the highest population of Prisoners per Capita in the WORLD

It's a mystery
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- Anonymous AnonymousCoward, 16 Jan 2013 @ 5:59pm
  
  Re: USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1
  I am not unsympathetic, but just what do these old statistics prove?
  [ link to this | view in chronology ]
  - Ninja (profile), 17 Jan 2013 @ 2:55am
    
    Re: Re: USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1
    That it was already very bad back in 2000?
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  - Anonymous Coward, 17 Jan 2013 @ 3:30am
    
    Re: Re: USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1 USA #1
    87% of people did not get a FAIR TRIAL
    They got bullied into admitting guilt to lesser charges.
    Lot's of them got out of prison for admitting to being guilty. "Released for timed served"
    
    What would you do ?
    You've already been in prison for two years waiting to prove your innocence.
    
    A.) Admit guilt and get released
    
    B.) Go to trial with ridiculous charges against you and at a legal disadvantage (lawyer wise)
    Don't forget you have already spent two years in prison for being innocent.
    You really think the system is now, gonna start being fair to you.
    
    You would admit guilt... get out of the hellhole.
    
    America has the highest population of Prisoners per Capita in the WORLD
    How is it NOT the laws and criminal system that is to blame ?
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Coogan (profile), 16 Jan 2013 @ 12:09pm

the good and the bad
Good: an investigation is coming (hopefully). Maybe somebody will actually be held accountable (which would be truly surprising).

Bad: it took the death of a promising young man for those in power to finally admit to the public the DoJ is doing this. It's not like over-prosecution by the DoJ is some new thing, and you can't tell me that nobody on Capitol Hill knew.
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Vic, 16 Jan 2013 @ 12:13pm

Investigation into the DOJ affairs? Should we expect a new executive order from Obama protecting the little helpless DOJ?
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DannyB (profile), 16 Jan 2013 @ 12:18pm

Define hacking
> I�m not condoning his hacking,

Please Rep. Darrell Issa, please define what you mean by "hacking".

Excessive downloading of academic papers that are freely available for you to download? Automating the process to save manual effort? Doing this on a campus network that is freely available for your use?

Or capital offense interference with a business model?
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bob, 16 Jan 2013 @ 12:22pm

acceptable in some cases
I would like to know in what cases this tactic of "cobbling together all kinds of charges to induce people into a plea" should be used.
I mean.. at its core it's a threat. either plea, or else.
so.. when is that a good tactic for the "justice system"?
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- Anonymous Coward, 16 Jan 2013 @ 12:48pm
  
  Re: acceptable in some cases
  bob, prosecutors are PUBLIC SERVANTS. They are supposed to represent the public's well being. We hold them to a higher level of ethics than the rest of the individuals in the nation because of the power with which they are entrusted. It is an UNETHICAL tactic regardless of how "good" (and by "good" I assume you mean "effective") it may be. It is a tactic that should NEVER be used by such entrusted people against their own citizenry. Our system was not designed after such Machiavellian principles. Ends do not justify means.
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- Anonymous Coward, 16 Jan 2013 @ 1:00pm
  
  Re: acceptable in some cases
  To a much lesser extent this is done at all levels of law enforcement. Have you, even once, been pulled over without a policeman telling you how nice he is to knock 5 mph off your speeding ticket, or how he'll overlook some other minor infraction (e.g. failure to signal). The implied message is the same - just accept this or you could be charged with a lot more.
  [ link to this | view in chronology ]
  - Anonymous Coward, 16 Jan 2013 @ 1:17pm
    
    Re: Re: acceptable in some cases
    And this is one of the reasons I hold contempt for the police in general. That is not to say ALL policemen. But rather the police as an entity. It is far too common at all levels such that it undermines the respect that they should otherwise deserve.
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- weneedhelp (profile), 16 Jan 2013 @ 1:05pm
  
  Re: acceptable in some cases
  boB, nice. Its about time.
  
  "I would like to know in what cases this tactic of "cobbling together all kinds of charges to induce people into a plea" should be used." - It is commonly used against organized crime chains. low level dealer(drugs as an example) gets caught with an ounce of coke, is told he can either cooperate, or get the book thrown at him. Possession, possession with intent to distribute, etc. Or just possession if he helps. Dealer gives up supplier above him and on and on it goes. (This is not just for cop drama shows)
  
  "I mean.. at its core it's a threat. either plea, or else."
  Depends on how you look at the threat and if it can come to fruition. If i threaten to smack you round a little... you know the chances are slim to none that will happen. Its an empty threat. I think in this case it was believable if he didn't cop a plea they would have gone nuclear and charged him with everything they thought was even remotely close. Not an empty threat.
  
  "so.. when is that a good tactic for the "justice system"?" - Never? Always? It needs to be a case by case decision by level headed PPL. Not an attorney that is clearly trying to make a name for herself at the expense of true justice.
  
  Justice. Blind justice needs to be applied. Just and fair even for criminals. That is what is supposed put America above all others. At least in theory, and this little fantasy in my head of what I was taught as a kid this country should be.
  
  Good one boB.
  
  boB, there is hope for you yet. ;)
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  - Anonymous Coward, 16 Jan 2013 @ 2:45pm
    
    Re: Re: acceptable in some cases
    I just noticed in another comment in an earlier article he actually appears to say that the government is wrong and Aaron was right. I was shocked. Maybe your right. There IS hope for him. ;-)
    
    http://www.techdirt.com/articles/20130114/22032721685/under-american-law-anyone-interesting-i s-felon-tim-wu-prosecution-aaron-swartz.shtml#c160
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DaT, 16 Jan 2013 @ 4:13pm

JSTOR articles = Pentagon Papers?
Many seem to be caught on Issa's loose use of the term "hacking", obviously because it may not fairly portray what Mr. Swartz did. Fine.

However, what really gave me pause was his comparison of the case in question to the Pentagon Papers as this really highlights Issa's potential lack of understanding of the case.

Comparing the downloading of a bunch of academic papers containing no trade or state secrets which are, on top of this, freely accessible in most university libraries and other academic/research institutions across multiple countries (and are available to anyone else willing to pay for subscriptions to the publishing journals) to the leaking or liberation of classified government reports is really, well, quite the comparison...

These academic papers are fundamentally no different than any other subscription-based periodical (ie, People Magazine, Popular Mechanics) except that they target a much narrower readership, and as such, are generally much more expensive.
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- Anonymous Coward, 16 Jan 2013 @ 4:45pm
  
  Re: JSTOR articles = Pentagon Papers?
  I don't really think he was attempting to make a comparison of the content thought. I think he was trying to imply that had this been a case of acquiring information for a telling journalistic story, he would have been seen as a hero exercising his first amendment right to freedom of the press and people would have overlooked how he got the information regardless of whether the means were legal or not. But since he wasn't a journalist trying to tell some sensational story some are painting him as a criminal hacker who just "stole" a bunch of IP.
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  - DaT, 16 Jan 2013 @ 5:27pm
    
    Re: Re: JSTOR articles = Pentagon Papers?
    The problem with the whole Pentagon Papers comparison is that, at worst, it can serve to exaggerate the seriousness of the "crimes" that Swartz allegedly committed. At best, it is an absolutely meaningless comparison. Either way, it didn't strike me as the most enlightened or even appropriate reference...
    
    The point is that there was no story. Nothing secret or sensational (or even of any real monetary value - at least insofar as anything beyond what anyone else walking into one of many university libraries couldn't also have access to free of charge) was taken. Usage of these services were not blocked from others - at least not for long enough so as to likely make a real difference. Swartz couldn't have been a "hero" based on his alleged actions in this case alone because, well, he did really do much of anything to speak of. Journalist or not.
    
    Taking technology out of the equation, what Swartz did is akin to someone going into a library with a large team of people and photocopying many books simultaneously - perhaps changing a few setting on the photocopiers to expedite the process that aren't meant for the public to be changing. At worst, you inconvenience a few people waiting to use the photocopier. While arguably slightly mischievous, pretty boring overall.
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Anonymous Coward, 16 Jan 2013 @ 4:22pm

Remove Carmen Ortiz from Office
Remove United States District Attorney Carmen Ortiz from office for overreach in the case of Aaron Swartz

petition
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Psyga Sanichigo (profile), 16 Jan 2013 @ 5:44pm

Just abolish and liquidate the DOJ. They're nothing but petty and corrupt cowards.
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Anonymous Coward, 17 Jan 2013 @ 3:55am

" But throw the book at them and find all kinds of charges and cobble them together so that they�ll plea to a 'lesser included' is a technique that I think can sometimes be inappropriately used.�

No, not sometimes, try, all times.

This method of trial tactic needs to go through the constitution/bill of rights filter
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dondilly (profile), 17 Jan 2013 @ 7:18pm

Swartz isnt the only case
Do a quick google for ortiz and you see this isnt the first over.zealous prosecution.

While the legal system in the states sucks, thiswoman in particular is a disgrace to her profession
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