Concerns Raised About Aaron Swartz's Prosecution And The Wikileaks Connection

from the fishing-expedition dept

Let's state upfront that a lot of what's in this post is conjecture based on a few pieces of information out there. I'm not convinced that it presents enough evidence of an actual connection. However, a bunch of folks have been talking about this (and submitting it here), so we wanted to raise the issue to see what people thought, and if there was any other information that could confirm or deny some of the conjectures in the piece. As far as we can tell, some of the timing is a bit odd, but it could very well be a coincidence. We'd love to have the full story if there was one, but federal prosecutors -- especially those under media scrutiny -- aren't known for suddenly opening up about these sorts of things. Given that, we thought we'd post some of the details of the discussion for the sake of continuing the discussion and seeing if anyone had anything more conclusive, either showing a connection between Aaron Swartz's prosecution and Wikileaks... or debunking it.

We've already discussed how Wikileaks bizarrely outed Aaron Swartz as a possible source, and that's leading to other speculation as well, including a question as to whether or not the grand jury investigation into Swartz was really more about the fishing expedition against Wikileaks, rather than the whole MIT/JSTOR effort. The Emptywheel blog (linked above) notes that Swartz's defense indicated it was aware of a much deeper investigation concerning Swartz that went beyond MIT and JSTOR to Twitter, Google, Amazon, the Internet Archive and possibly more -- and asked the government to turn over such materials:

These paragraphs request information relating to grand jury subpoenas. Paragraph 1 requested that the government provide “[a]ny and all grand jury subpoenas – and any and all information resulting from their service – seeking information from third parties including but not limited to Twitter. MIT, JSTOR, Internet Archive that would constitute a communication from or to Aaron Swartz or any computer associated with him.” Paragraph 4 requested “[a]ny and all SCA applications, orders or subpoenas to MIT, JSTOR, Twitter, Google, Amazon, Internet Archive or any other entity seeking information regarding Aaron Swartz, any account associated with Swartz, or any information regarding communications to and from Swartz and any and all information resulting from their service.” Paragraph 20 requested “[a]ny and all paper, documents, materials, information and data of any kind received by the Government as a result of the service of any grand jury subpoena on any person or entity relating to this investigation.”

Swartz requests this information because some grand jury subpoenas used in this case contained directives to the recipients which Swartz contends were in conflict with Rule 6(e)(2)(A), see United States v. Kramer, 864 F.2d 99, 101 (11th Cir. 1988), and others sought certification of the produced documents so that they could be offered into evidence under Fed. R. Evid. 803(6), 901. Swartz requires the requested materials to determine whether there is a further basis for moving to exclude evidence under the Fourth Amendment (even though the SCA has no independent suppression remedy).

[snip]

Moreover, defendant believes that the items would not have been subpoenaed by the experienced and respected senior prosecutor, nor would evidentiary certifications have been requested, were the subpoenaed items not material to either the prosecution or the defense. Defendant’s viewing of any undisclosed subpoenaed materials would not be burdensome, and disclosure of the subpoenas would not intrude upon the government’s work product privilege, as the subpoenas were served on third parties, thus waiving any confidentiality or privilege protections.

Given all of that, it's leading some to wonder if this was more about the big fishing expedition a grand jury has supposedly been working on for quite some time, trying to sniff out anything that can be used against Wikileaks. There is no confirmed connection to the Wikileaks investigation, but Emptywheel notes some oddities in the timing -- such as the grand jury investigation into Aaron seeming to ramp up just as it appeared that the big Wikileaks grand jury was coming up empty. In fact, as Emptywheel showed in a different post, it looked like the investigation into Swartz was going absolutely nowhere... until the grand jury suddenly showed renewed interest long after the arrest. The post notes that the Secret Service didn't even bother searching the laptop onto which Swartz had downloaded the JSTOR material for weeks after getting involved in his case.

But what happened in between the arrest and the sudden decision to really look into Swartz? The DOJ drew a big, fat blank against Wikileaks. The timeline:

• Swartz was arrested on January 6th, 2011.
• On February 9th it was reported that the Justice Department had drawn a blank on anything it could use to go after Wikileaks.
• That same day, February 9th, the Secret Service suddenly got around to issuing warrants to search Swartz's hardware

Oh, and one other key date. Just a couple weeks before all of this, on December 27th, 2010, Swartz had filed a FOIA seeking information concerning the treatment of Bradley Manning. As is noted in the posts linked here, it's not at all normal for the Secret Service to wait so long to get a subpoena.

I will say that I'm far from convinced there was a full connection here. There is way too much speculation and conjecture and it is quite possible (even probable) that the timing is all a coincidence. But the timing is at least worth noting, since it seems that more and more information keeps coming out about this.

Filed Under: aaron swartz, secret service
Companies: amazon, google, internet archive, jstor, mit, twitter, wikileaks

DailyDirt: Build It And They Will Come...

from the urls-we-dig-up dept

Moneyball (the movie) has recently popularized the concept of sabermetrics, but for a while now, real sports fans (and mathletes) have been applying rigorous analysis to just about every sport. There still aren't any sure bets, but forecasting player performance has gotten a lot better in the last decade or so. Here are just a few examples of math geeks taking some shots at jocks.

• Enjoy your fifteen minutes of fame, Ed Weiland -- for being a bit less surprised than most about Linsanity. Weiland wrote in 2010: "... Jeremy Lin is a good enough player to start in the NBA and possibly star." [url]
• Nate Silver called himself a forecaster, explained how he looked at baseball stats, and created the PECOTA system for evaluating MLB players. Baseball Prospectus bought the PECOTA system in 2003 and publishes its forecasts for all kinds of baseball fans and fantasy baseball leagues. [url]
• The annual MIT Sloan Sports Analytics Conference has picked its top ten finalists for its Research Paper of the Year. These papers discuss various stats like "15% of basketball rebounds hit the floor before being collected." [url]
• To find some other online challenges and games, check out what StumbleUpon has found to play. [url]  

By the way, StumbleUpon can also recommend some good Techdirt articles, too.

Filed Under: baseball, basketball, forecasting, linsanity, moneyball, nate silver, pecota, sabermetrics, sports, statistics
Companies: mit, mlb, nba

DailyDirt: Teaching Technology

from the urls-we-dig-up dept

More and more online classes are appearing, and a lot of non-traditional students are trying out these kinds of classes. But the effectiveness of online learning and self-taught students hasn't gotten that much attention. Someday, online education might be the norm, but so far, it doesn't quite look like e-learning has proven itself. Here are just a few articles on the topic of teaching with technology.

• Self-serve teaching technology has its place, but it might also be displacing human educators -- is that a problem? Teachers aren't necessarily objecting to the use of technology as a tool, but some teachers in Idaho (and elsewhere) want teaching technology to be deployed more effectively -- without reducing the importance of teachers in the classroom. [url]
• One of the largest states in India is launching its own education social network to connect subject matter experts with students. Will the government of Rajasthan be able to jump into e-learning and leapfrog over the infrastructural challenges and illiteracy rates? [url]
• MIT is developing a certification process for its open education projects. MITx students will not receive degrees from MIT, but a yet-to-be-named non-profit organization within MIT will award certificates of completion to students who demonstrate a mastery of MITx subjects made available online. [url]
• To discover more interesting education-related content, check out what's currently floating around the StumbleUpon universe. [url]  

By the way, StumbleUpon can recommend some good Techdirt articles, too.

Filed Under: e-learning, education, mitx, online classes, teachers
Companies: mit

DailyDirt: Cameras For Science

from the urls-we-dig-up dept

You almost can't make it to the cover of a major scientific publication like Science or Nature without a really cool picture to present your data. It seems that everyone likes pretty pictures, even scientists. So here are a few science projects with some interesting camera equipment.

• The SLAC National Accelerator Laboratory has created the largest digital camera ever -- at a cost of about $165 million. This 3.2 gigapixel camera will be used in a new telescope being built on a Chilean mountaintop. [url]
• Modifying a cheap digital camera to take infrared pictures was only part of a project aimed at mapping the photosynthetic activity around Asheville, North Carolina. Putting the cameras on balloons and merging the pictures together with Photosynth has created a nice collection of data for studying environmental and economic sustainability issues. [url]
• MIT researchers have created a camera system capable of capturing images at a trillion frames per second. It's so fast it can actually track the movement of light as it travels -- under specific conditions, of course. [url]
• To discover more interesting photography-related content, check out what's currently floating around the StumbleUpon universe. [url]  

By the way, StumbleUpon can recommend some good Techdirt articles, too.

Filed Under: cameras, data, digital images, photosynth, telescope
Companies: mit, slac

Feds Charge Aaron Swartz With Felony Hacking... For Downloading A Ton Of Academic Research

from the how-dare-he! dept

Well, the big story making the rounds today has been the charges filed against Aaron Swartz by US prosecutors for violating the Computer Fraud and Abuse Act -- a law that is all too often been abused by the feds to attack people they don't like. Wired News has the most comprehensive coverage as far as I can tell.

If you're unfamiliar with Aaron, while most of the reports refer to him as a co-founder of Reddit (which is a bit of a stretch as he was actually merged into Reddit as part of an early Ycombinator program) and as the founder of Demand Progress, I remember him from way before that -- back when he was a teenager and helped author the RSS 1.0 spec.

As for the specifics of the case, it's still a little hazy. The full indictment is embedded below, but the story being pushed by the feds is that Aaron maliciously hacked into JSTOR, a non-profit organization that hosts academic journal articles, via a computer room at MIT and then downloaded millions of records, bringing JSTOR's servers to a screaming halt. Believe it or not, the indictment directly claims that he "stole" these articles, despite them being offered up for download via open access on various university campuses. He didn't "steal" a damn thing.

Demand Progress paints a very different portrait of what happened, pointing out that he was downloading works that appeared to be authorized and that the complaint seems to really just be that he downloaded too much:

“This makes no sense,” said Demand Progress Executive Director David Segal; “it’s like trying to put someone in jail for allegedly checking too many books out of the library.”

“It’s even more strange because JSTOR has settled any claims against Aaron, explained they’ve suffered no loss or damage, and asked the government not to prosecute,” Segal added.

James Jacobs, the Government Documents Librarian at Stanford University, also denounced the arrest: “Aaron’s prosecution undermines academic inquiry and democratic principles,” Jacobs said. “It’s incredible that the government would try to lock someone up for allegedly looking up articles at a library.”

JSTOR, itself, put out a statement that, at the very least, suggests that after they talked to Aaron and confirmed he wasn't going to release the data he downloaded, that that was all they cared about:

We stopped this downloading activity, and the individual responsible, Mr. Swartz, was identified. We secured from Mr. Swartz the content that was taken, and received confirmation that the content was not and would not be used, copied, transferred, or distributed.

The criminal investigation and today’s indictment of Mr. Swartz has been directed by the United States Attorney’s Office.

It's not clear, then, how the Feds became involved in the first place. It's entirely possible JSTOR alerted them originally, and then the investigation went from there. From the details, it seems more likely that MIT may have reported the situation to the feds.

As far as I can tell, the crux of the argument against Swartz is that he violated the JSTOR terms of service, specifically the part about automated downloading, which in the minds of the feds, makes you a felon who can face up to 35 years in jail and $1 million fines. There's a lot of fluff around that violation of terms of service, about how he "broke into" an MIT computer writing room and covered his face with a bicycle helmet. But, really, that's all to set up the claim that he knowingly was getting around the terms of service and certain technological measures that JSTOR had put on its system to avoid such mass downloads.

It doesn't looked like Swartz actually "hacked" into anything. He went onto MIT's campus and logged in as a guest, as MIT allows. Now, it does appear that JSTOR and MIT took somewhat weak efforts to block him from mass downloading JSTOR works, and Aaron took rather trivial measures to get around that (change the IP, change the MAC address). The government is using that to suggest malicious intent.

But what was Aaron actually doing this for? I imagine that will come out soon enough. The government claims that he "intended to distribute a significant portion of JSTOR's archive of digitized journal articles through one or more file-sharing sites." That may be possible, though JSTOR says that Aaron had already promised the works would not be distributed. It's important to note that Aaron has a long history of being involved in open access and open records movements, and was investigated by the feds once before for doing something similar. In that case, he set up a program to download legal documents from PACER, which are public documents, to post them on a free internet service. That case went nowhere, of course, because those documents are public. Separately, in the past, Aaron has gone through academic research to help with research papers on potential conflicts of interest in research funding. I have no idea what he was trying to do here, but it seems likely that it had to do with more open records research. Perhaps he was trying to open up works that were funded by federal dollars?

Either way, a felony indictment and threats of 35 years in jail and $1 million in fines seems ridiculously excessive and vindictive when you consider what he actually did here: which was download 4.8 million academic articles via a network that allowed such downloads. Yes, he used automated means barred by the terms of service, and yes, after being barred a few times, he worked out how to get around that. But it's hard to see how any of that really deserves felony prosecution for computer hacking, with totally bogus claims from the feds about how "stealing is stealing." He wasn't "stealing" anything or you would have charged him with theft. Actually, the stealing is stealing comment from US Attorney Carmen M. Ortiz is so chock full of wrong, it deserves special mention:

Stealing is stealing whether you use a computer command or a crowbar and whether you take documents, data or dollars. It is equally harmful to the victim whether you sell what you have stolen or give it away.

Downloading data made available on a network is not "stealing." And he made copies of documents. He did not "take" them. JSTOR still had the documents. And, JSTOR doesn't seem to be acting like a victim of "theft" here. It certainly looks like Aaron did some things that were questionable in how he accessed this data. But does it raise to the level of a federal indictment for criminal hacking? That seems like a huge, huge stretch.

Filed Under: aaron swartz, cfaa, demand progress, hacking
Companies: jstor, mit

Paywall/Open Debate Applied To University Education As Well

from the the-same-debate-we've-seen-before dept

DV Henkel-Wallace writes

"The New York Times has a good article about Open Courseware (how universities are putting their material online for anyone to use as they see fit). Unusually, the article has an accurate and pithy summary of how the movement started and evolved. It is still a little incredulous that such a thing can really exist ("On a philosophical level, the idea of making money from something available free might seem questionable."). But it is clear: a little ecosystem is building around this educational material.

What's most interesting, is how the same arguments that have already arisen around the "big data" areas like music, film and news appear in this smaller area as well. When MIT launched OCW, they directly addressed the CwF+RtB issues by pointing out that people attend schools for additional reasons than just the syllabus. But some people still don't get it: a professor from the Tuck School of Business still feels that putting the syllabus out there will let the magic out, claiming that it's "obvious" that an "exclusive experience" is appropriate.

The best quote: "It's pretty hard to imagine how an elite institution like us or like Harvard or Stanford or any of the other top schools would stay in business if they didn't have some aspect of the program that was still relatively complicated and difficult to get to," Mr. Argenti said. And thus they lock some of their content behind a pay wall.

Perhaps they should do a case study of the newspapers and how the pay walls have worked out for them."

DV's summary above is great, but I wanted to highlight one more specific point from the article, which is a quote from James D. Yager, a dean at Johns Hopkins University, who basically presents the other side of the story from Professor Argenti, by actually articulating the difference between the content (infinite) and all of the scarcities that the content makes more valuable:

"We don't offer the course for free, we offer the content for free," Mr. Yager said by telephone in February. "Students take courses because they want interaction with faculty, they want interaction with one another. Those things are not available on O.C.W."

Exactly. That's the point, and it's too bad that a professor at Dartmouth (which is generally a pretty good business school) would so confuse the basic economics of information, and not realize that even if all of the course info is free, there are always aspects that are scarce.

Separately, James Schirmer points us to a related article concerning how some liberal arts schools are using Open Courseware to improve their own programs. It's sort of taking a look at the other side of this overall debate, noting how liberal arts schools can improve their curriculum by having professors use OCW as a resource. Now, the OCW critics will claim that this takes away from the big schools that put content into OCW, but again, that's misunderstanding the market, and assuming a zero-sum game, rather than an ability to expand the overall pie, recognizing that better education programs across the board are a good thing that open up many more opportunities than they take away.

Filed Under: open courseware, paywall, universities
Companies: dartmouth, mit, stanford university

Universities Figuring Out The Value Of Giving Away Content For Free

from the economics-lessons dept

It started with universities giving away all their courseware online for free, but recently some universities have started posting videos of all lectures for free on YouTube as well. This has some folks wondering what that means about the value of a university education. Andy Kessler does a nice job breaking down the details of what he calls "YouTube U.", noting that it plays directly into the economics of free content. The content itself, once recorded, is the infinite good -- but the scarce good remains the actual diploma of having successfully made it through the courses and the tests to prove that you had an acceptable level of understanding. While he then jokingly (right, Andy?) suggests that a more conspiratorial answer is that it's a professor's way of being lazy and focusing on the parts of being a professor that bring in money (research, consulting) he may not be that far off. Professors will embrace such things because if they really are good professors it does help build their own brand, which can help them in many ways, from getting grant money to getting better grad student researchers to many other things. And the fact that it can do all that while also helping many people who aren't attending the school learn about whatever topic is being taught seems like a pretty good deal.

Filed Under: economics, free, infinite good, universities
Companies: berkeley, mit