Rep. Issa Promises Investigation Into Aaron Swartz Case
from the prosecutorial-overreach dept
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.Issa then specifically called out how prosecutors could go too far in pressuring innocent people to plead guilty:
“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.”
“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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Not like they are exploiting dead children to further an anti-gun agenda.
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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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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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Lets try repeated paradigm and socially conscious individuals, eh?
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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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Not Quite, Issa
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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Re: Not Quite, Issa
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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Re: Re: Not Quite, Issa
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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Re: Re: Re: Not Quite, Issa
"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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Re: Re: Not Quite, Issa
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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Re: Not Quite, Issa
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Re: Re: Not Quite, Issa
Wait, close Google down, it's promoting hacking!
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At LEAST...
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Re: At LEAST...
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Re: Re: At LEAST...
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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
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:
Wonder why America has the highest population of Prisoners per Capita in the WORLD
It's a mystery
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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 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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the good and the bad
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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Define 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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acceptable in some cases
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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Re: acceptable in some cases
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Re: 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." - 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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Re: Re: acceptable in some cases
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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JSTOR articles = Pentagon Papers?
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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Re: JSTOR articles = Pentagon Papers?
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Re: Re: JSTOR articles = Pentagon Papers?
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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Remove Carmen Ortiz from Office
petition
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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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Swartz isnt the only case
While the legal system in the states sucks, thiswoman in particular is a disgrace to her profession
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