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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With everything from iPhones to clothing turning monochrome, is the West afraid of colour?

If modern design appears particularly achromatic, it only reflects the "chromophobia" which courses through the history of Western thought.

To many English observers, 1666 – the year that the poet John Dryden christened the annus mirabilis, or “year of miracles” – wasn’t especially miraculous. The country was gripped by plague and, after a hot, dry summer, the Great Fire cut a swath through London. But for Isaac Newton, then still a student, it did prove illuminating. It was in 1666 that he first used prisms to prove that white light was not a pure, indissoluble substance but was made up of different coloured rays. This was such a profound challenge to the prevailing world-view that even Newton was shaken. “I perswade my self,” he wrote, “that this Assertion above the rest appears Paradoxical, & is with most difficulty admitted.”

The belief that colours are inferior and therefore naturally subordinate, rather than fundamental, was not new in Newton’s day, nor did it end with his discovery of spectral colour. A pattern of chromophobia – an aversion to colours – courses through Western thought.

Writing in the fourth century BC, Aristotle argued: “The most attractive colours would never yield as much pleasure as a definite image without colour.” For Renaissance artists, this idea was defined by the division between disegno, drawing or design, and colore. Disegno was the foundation of any serious artistic endeavour. The preference for achromatic, “intellectual” form is also evident in architecture. Despite rock-solid evidence from the 19th century proving that Greek marble buildings and statues were once brightly painted, the classical ideal has remained anachronistically bleached. And while modernist and postmodern architects have made some use of colour, the primacy of form is unmistakable in the work of everyone from John Pawson to Zaha Hadid and Toyo Ito.

A broad cultural dislike of colour is curious because, speaking in evolutionary terms, our ability to see it has been crucial to our success. Colour vision in primates developed between 38 and 65 million years ago and makes us better able to find ripening red and yellow fruits amid green foliage. Neurons devoted to visual processing occupy much more of our neocortex real estate than those devoted to hearing or touch. Estimates vary but the Optical Society of America has suggested that it may be possible for humans to distinguish between up to ten million different shades.

And we have put this skill to good use. Bold colours have been used by many cultures to mark temporal and spiritual power. Tyrian purple, a rich, reddish dye said to resemble clotted blood, was made using an extract from two different kinds of Mediterranean shellfish and was beloved by emperors in the ancient world. A single pound of dyed cloth would cost a skilled craftsman three years’ wages and became steadily more expensive as the shellfish became rarer.

But even as such saturated colours were coveted, they also elicited disgust. The manufacture of many, including Tyrian purple, involved ingredients such as stale urine and dung. Dye and paintworks were relegated to the urban fringes. Increasingly, the wearing of bright colours was seen as vainglorious and ungodly. Protestants indicated their humility by whitewashing over jewel-coloured murals and smashing stained-glass windows in churches, and by restricting their sartorial palette predominantly to black. An echo prevails today in men’s suits: colours are largely confined to small accessories such as ties and white shirts are held up as the ne plus ultra of refined sophistication. (The late Apple co-founder Steve Jobs went one better, opting for a uniform of identical black turtlenecks.)

One reason for this distrust is that colours are difficult to conceptualise. Do they exist physically, or only in our brains? Does everyone see them the same way? Colours have been maligned as chaotic, fickle, irrational and female. The early Christian thinker St Augustine of Hippo accused them of “a seductive and dangerous sweetness”.

Our ambivalence to colour, however, has profited white. Like black, white has not been classed as a real colour since Newton. It has almost become an anti-colour. Take Apple, for example. Although Sir Jony Ive is usually credited with the company’s love for monochrome products (it was certainly Ive who brought this to its apogee), the trend predates his arrival. It can be traced back to the “Snow White” design language developed in the 1980s. Today, as consumer neophilia demands that technology be continually refreshed, Apple’s higher-end products are available in the smallest range of colours – usually just white, black and, for the Asian market, gold – while those lower down come in a slew of fruity brights.

White is not only big business for Apple. In 2014, a Californian man named Walter Liew was found guilty of 20 counts of economic espionage and sentenced to 15 years in jail for selling the secret to a very special shade of titanium-oxide white, used in everything from luxury cars to tennis courts, to Chinese firms for $28m.

Perhaps the final word on the matter should go to Le Corbusier. In 1925, the great modernist recommended that all interior walls should be whitewashed, to act as a moral and spiritual restorative. But he wasn’t just advocating white for white’s sake: although he continued to dabble with colour, he disapproved of it, too. “Let us leave to the clothes-dyers,” he wrote, “the sensory jubilations of the paint tube.”

“The Secret Lives of Colour” (John Murray) by Kassia St Clair will be published on 20 October

This article first appeared in the 26 May 2016 issue of the New Statesman, The Brexit odd squad