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To: No Mo Mo who wrote (97777)1/14/2013 9:29:01 AM
From: No Mo Mo  Read Replies (1) | Respond to of 218481
 
Two Days Before MIT and Cambridge Cops Arrested Aaron Swartz, Secret Service Took Over the Investigation

Posted on January 13, 2013 by emptywheel


The public story of Aaron Swartz’ now-tragic two year fight with the Federal government usually starts with his July 19, 2011 arrest.

But that’s not when he was first arrested for accessing a closet at MIT in which he had a netbook downloading huge quantities of scholarly journals. He was first arrested on January 6, 2011 by MIT and Cambrige, MA cops.

According to a suppression motion in his case, however two days before Aaron was arrested, the Secret Service took over the investigation.

On the morning of January 4, 2011, at approximately 8:00 am, MIT personnel located the netbook being used for the downloads and decided to leave it in place and institute a packet capture of the network traffic to and from the netbook.4 Timeline at 6. This was accomplished using the laptop of Dave Newman, MIT Senior Network Engineer, which was connected to the netbook and intercepted the communications coming to and from it. Id. Later that day, beginning at 11:00 am, the Secret Service assumed control of the investigation. [my emphasis]

In fact, in one of the most recent developments in discovery in Aaron’s case, the government belatedly turned over an email showing Secret Service agent Michael Pickett offering to take possession of the hardware seized from Aaron “anytime after it has been processed for prints or whenever you [Assistant US Attorney Stephen Heymann] feel it is appropriate.” Another newly disclosed document shows the Pickett accompanied the local cops as they moved the hardware they had seized from Aaron around.

According to the Secret Service, they get involved in investigations with:

  • Significant economic or community impact
  • Participation of organized criminal groups involving multiple districts or transnational organizations
  • Use of schemes involving new technology
Downloading scholarly articles is none of those things.

A lot of people are justifiably furious with US Attorney Carmen Ortiz and AUSA Heymann’s conduct on this case.

But the involvement of the Secret Service just as it evolved from a local breaking and entry case into the excessive charges ultimately charged makes it clear that this was a nationally directed effort to take down Swartz.

MIT’s President Rafael Reif has expressed sadness about Aaron’s death and promised an investigation into the university’s treatment of Aaron. I want to know whether MIT–which is dependent on federal grants for much of its funding–brought in the Secret Service.

emptywheel.net




To: No Mo Mo who wrote (97777)1/14/2013 4:46:23 PM
From: Maurice Winn1 Recommendation  Read Replies (1) | Respond to of 218481
 
Nomo, Your problem is obviously that you work from false premises, so you think you disagree with me, but when reality intrudes, you find you actually do agree with me and your theories go out the window <I think there is a glitch in my operating system. I'm in agreement w/ you. <g> >

That happened to me when I was young and was in favour of welfare by government department. Reality turned my ideas upside down after not many years. I had to abandon my false premises which had led me to false conclusions.

Examine your premises. Reality will change you sooner or later. Sooner is better.

<US Attorney Carmen Ortiz > Such people do not reflect on what they are doing. They want power. Lots of lovely power. Women have got the bit between their teeth and plan to tame Cyberspace and the men who are pouring into it. They are doing the same to Kim Dotcom. They are doing the same to Julian Assange.

What did Aaron Swartz supposedly do that was unethical or harmful to somebody? Carmen Ortiz would perhaps like to explain what she was doing. They are hiding behind "respect"... Ortiz's office declined to comment for this story. "We want to respect the privacy of the family and do not feel it is appropriate to comment on the case at this time," said Ortiz spokeswoman Christina Sterling.

They do not wish to respect the privacy of the family. That's a lie. They could not care less about the family who they attacked. The purported victims of Swartz, who in fact have effectively unlimited resources did not wish to prosecute. There are hordes of actual criminals who need prosecuting and I have some I wish to see pursued, but the police are too busy attacking Kim Dotcom [illegally] and revenue collecting in road "offences" such as "Oh, you don't have a WOF - send money". The police have heaps of time to do what they want to do to get power and money, but no time to pursue actual criminals even though I can provide the name, address and evidence. I should try not paying some car registration fee and see if they have time to prosecute me. I'm sure easy money-collecting will find they have time.

Carmen Ortiz vs Aaron Swartz
It's the temporal versus the teleological.
Mqurice