The Aaron Swartz lesson: how undeveloped laws target the vulnerable

A tragedy, with a powerful moral.

On Friday 11 January, Aaron Swartz was found dead at his apartment in New York. He was 26. The following day, Tim Berners-Lee, creator of the World Wide Web, tweeted: “Aaron dead. World wanderers, we have lost a wise elder. Hackers for right, we are one down. Parents all, we have lost a child. Let us weep.”

The response to his death by suicide was overwhelming but unsurprising – Swartz had been an internet legend since his teenage years. At 14, he helped to put together RSS – technology that is part of the backbone of the web. While still in his teens, he played a vital role in creating Reddit, the hugely popular networking news site, and shared the profits when it was later bought by Condé Nast.

Swartz was a hero to activists pushing for open access to content on the internet, working to create a free public library and founding Demand Progress – a pressure group that successfully campaigned against the Stop Online Piracy Act. He was also an inspiration to many.

His friend Lawrence Lessig, a Harvard professor, wrote: “He was brilliant, and funny. A kid genius. A soul, a conscience, the source of a question I have asked myself a million times: What would Aaron think?”

Then there were the stunts. At one point, Swartz made about 20 per cent of US case law available on the web for free. Although it was officially in the “public domain”, the system that categorised it – Pacer – charged a fee to everyone who tried to access it. Activists created Recap, a database that collected what people had already bought and gave it to others for free. Through this – devised at his own expense – Swartz moved a large amount of data on to the web. He was pursued by the FBI but it dropped the charges. The rumour was it bore a grudge.

The big problems started when Swartz crept into the Massachusetts Institute of Technology with a laptop and started downloading millions of academic journal articles from the subscription-only service JSTOR. At the time he was charged, he hadn’t yet distributed them. And he never intended to make money from any of it.

However, US government prosecutors hit him with the harshest possible penalties. Swartz ended up facing more than 30 years in jail, trapped by laws that had been designed to deal with organised criminals, bank robbers and those who steal corporate information for profit.

“Stealing is stealing,” said the federal attorney Carmen Ortiz, speaking for the prosecution at the time, “whether you use a computer command or a crowbar, and whether you take documents, data or dollars.”

Her phrasing echoes the much-mocked anti-piracy ads that begin “You wouldn’t steal a car . . . You wouldn’t steal a handbag” and feature sirens wailing and cops approaching as a schoolchild tries to download a copy of what is probably Mean Girls off Pirate Bay. Those ads are mocked for a reason. Downloading a film (or an article) is self-evidently not the same as stealing one from a shop. For one thing, the precise laws governing online behaviour are ill-defined and badly enforced. And when the laws are enforced, it seems random, unforeseeable and badly out of proportion.

Graham Smith, an IT and copyright lawyer for the international legal firm Bird & Bird, says that the law governing the digital world is very much “in a state of development” and, as a result, “One should be very careful about criminalising things online. Criminal law is a blunt instrument.”

But we have not been careful with these laws – in the UK as well as in the US – and they seem to have hit only the vulnerable. Take Glenn Mangham, a British student who hacked into Facebook just to see if he could. He did nothing with the information. “It was to expose vulnerabilities in the system,” Mangham told the crown court. He was jailed for eight months.

One of the saddest ironies of this story is that Swartz spent his life trying to show everyone just how unreasonable laws can become when they are rigidly applied to the internet. Last year, he identified an ongoing “battle” over copyright law, “a battle to define everything that happens on the internet in terms of traditional things that the law understands”. If the battle was left unresolved, Swartz said, “New technology, instead of bringing us greater freedom, would have snuffed out fundamental rights we’d always taken for granted.”

His suicide was “the product of a criminal justice system rife with intimidation and prosecutorial overreach”, his family said in a statement on 12 January. A tragedy, with a powerful moral.

Aaron Swartz had been an internet legend since his teenage years, Photograph: Getty Images

Martha Gill writes the weekly Irrational Animals column. You can follow her on Twitter here: @Martha_Gill.

This article first appeared in the 21 January 2013 issue of the New Statesman, The A-Z of Israel

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Apple-cervix ears and spinach-vein hearts: Will humans soon be “biohacked”?

Leafy greens could save your life – and not just if you eat them.

You are what you eat, and now bioengineers are repurposing culinary staples as “ghost bodies” – scaffolding on which human tissues can be grown. Nicknamed “biohacking”, this manipulation of vegetation has potentially meaty consequences for both regenerative medicine and cosmetic body modification.

A recent study, published in Biomaterials journal, details the innovative use of spinach leaves as vascular scaffolds. The branching network of plant vasculature is similar to our human system for transporting blood, and now this resemblance has been put to likely life-saving use. Prior to this, there have been no ways of reproducing the smallest veins in the human body, which are less than 10 micrometres in diameter.

The team of researchers responsible for desecrating Popeye’s favourite food is led by bioengineering professor Glenn Gaudette and PhD student Joshua Gershlak at the Worcester Polytechnic Institute (WPI). They were discussing the dearth of organ donors over lunch when they were inspired to use their lunch to help solve the problem.

In 2015 the NHS released figures showing that in the last decade over 6000 people, including 270 children, had died while waiting for an organ transplant. Hearts, in particular, are in short supply as it is so far impossible to perfectly recreate a human heart. After a heart attack, often there is a portion of tissue that no longer beats, and so cannot push blood around the body. A major obstacle to resolving this is the inability to engineer dense heart muscle, peppered with enough capillaries. There must be adequate flow of oxygenated blood to every cell in order to avoid tissue death.

However, the scientists had an ingenious thought – each thin, flat spinach leaf already came equipped with its own microscopic system of channels. If these leaves were stacked together, the resulting hunk of human muscle would be dense and veiny. Cautiously, the team lined the cellulose matrix with cardiac muscle cells and monitored their progress. After five days they were amazed to note that the cells had begun to contract – like a beating heart. Microbeads, roughly the same size as blood cells, were pumped through the veins successfully.

Although the leafy engineering was a success, scientists are currently unaware of how to proceed with grafting their artificial channels into a real vasculatory system, not least because of the potential for rejection. Additionally, there is the worry that the detergents used to strip the rigid protein matrix from the rest of the leaf (in order for human endothelial cells to be seeded onto this “cellulose scaffolding”) may ruin the viability of the cells. Luckily, cellulose is known to be “biocompatible”, meaning your body is unlikely to reject it if it is properly buried under your skin.

Elsa Sotiriadis, Programme Director at RebelBio & SOSventures, told me: “cellulose is a promising, widely abundant scaffolding material, as it is renewable, inexpensive and biodegradable”, adding that “once major hurdles - like heat-induced decomposition and undesirable consistency at high concentrations - are overcome, it could rapidly transform 3D-bioprinting”. 

This is only the most recent instance of “bio-hacking”, the attempt to fuse plant and human biology. Last year scientists at the Pelling Laboratory for Biophysical Manipulation at the University of Ottawa used the same “scrubbing” process to separate the cellulose from a slice of Macintosh red apple and repopulate it with “HeLa” cervix cells. The human ear made from a garden variety piece of fruit and some cervix was intended as a powerful artistic statement, playing on the 1997 story of the human ear successfully grafted onto the back of a live mouse. In contrast to the WPI researchers, whose focus is on advancing regenerative medicine – the idea that artificial body parts may replace malfunctioning organic ones – Andrew Pelling, head of the Pelling Laboratory, is more interested in possible cosmetic applications and the idea of biohacking as simply an extension of existing methods of modification such as tattooing.

Speaking to WIRED, Pelling said: “If you need an implant - an ear, a nose - why should that aesthetic be dictated by the company that's created it? Why shouldn't you control the appearance, by doing it yourself or commissioning someone to make an organ?

The public health agency in Canada, which is unusually open to Pelling’s “augmented biology”, has supported his company selling modified body parts. Most significantly, the resources needed for this kind of biohacking – primarily physical, rather than pharmacological or genetic – are abundant and cheap. There are countless different forms of plant life to bend to our body ideals – parsley, wormwood, and peanut hairy roots have already been trialled, and the WPI team are already considering the similarities between broccoli and human lungs. As Pelling demonstrated by obtaining his equipment via dumpster-diving and then open-sourcing the instructions on how to assemble everything correctly, the hardware and recipes are also freely available.

Biohacking is gaining popularity among bioengineers, especially because of the possibility for even wackier uses. In his interview with WIRED, Pelling was excited about the possibility of using plants to make us sexier, wondering whether we could “build an erogenous interaction using materials that have textures you find pleasing [to change how our skin feels]? We're looking at asparagus, fennel, mushroom...” If he has his way, one day soon the saying “you are what you eat” could have an entirely different meaning.

Anjuli R. K. Shere is a 2016/17 Wellcome Scholar and science intern at the New Statesman

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