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

Photo: Getty
Show Hide image

The moonwalkers: what it's like to belong to the world's most exclusive club

"The blue and the white and the brown just hung in the blackness of space."

It’s been almost 50 years since man first walked on the moon – and there were only a grand total of six missions.

From 1969 until 1972, as humanity reached out into space, these men – and they were all men – were at the forefront of scientific research and discovery.

But in 2017, the six survivors – now with a combined age of 505 – are the rare members of an exclusive club. The other six moonwalkers have already passed away.

Astronaut Buzz Aldrin was on Apollo 11, Charlie Duke was on Apollo 16 and Harrison "Jack" Schmitt was an Apollo 17 moonwalker. For the first time, at the Starmus festival in Trondheim, Norway, the three have come together to discuss their experience.

The three share “a special relationship, no question about it”, according to Duke. He tells me: “Our experiences are different but they’re the same in so many respects.”

Aldrin – unable to appear in person due to doctor’s orders – quips on camera from his home in Florida that President Dwight Eisenhower was advised that they should send a philosopher or maybe a poet up. His response, possibly apocryphal, came: “No, no - I want success."

As a result, it is up to these scientists to find the words to describe the off-Earth adventure which is the defining event of a moonwalker's life. 

A poetic description comes from Texan resident Duke. First and foremost a test pilot, his interest in space was piqued by the launch of Sputnik, the first artificial satellite, in 1957. He joined Nasa in 1966.

Now 81, Duke served as mission control support throughout many Apollo missions, most notably as the voice of Capsule Communicator when Neil Armstrong and Aldrin landed on the Moon in 1969.

He tells me: “Once we left Earth’s orbit, we turned our spaceship around and there was the whole Earth 40,000km away.

“The blue and the white and the brown just hung in the blackness of space. That contrast between the vivid blackness and the bright Earth – this jewel of Earth I like to call it - was right there.”

Aldrin started his career as a mechanical engineer, before joining up as a jet fighter in the US Air Force during the Korean War.

His gung-ho spirit and enthusiasm for space have not deserted him even at the age of 87 – he appears onscreen at the festival wearing a "Get your ass to Mars" T-shirt.

The most memorable experience for him came when he congratulated Neil Armstrong, the first of the team to walk on the moon (he died in 2012). But in the lunarscape, memories get confused – the men remember the moment differently.

“After the landing, I looked over at Neil, and we smiled. I remember patting him on the back and he remembers shaking hands. So here were two first-hand witnesses and we couldn’t agree on what actually happened when we got there.”

For Aldrin, the significance of the moonwalk was looking at the moon’s surface from close-up – the lunar soil, or regolith – and what happened when an astronaut's boot stepped onto it. 

“It was so remarkable, the way that it retained its exact form,” he marvels, 48 years on.

Aldrin's fascination with the moon's surface was shared by Schmitt, the 12th, and so far, last, man to walk on the Moon. A trained geologist, he was also the first scientist to do so.

In Schmitt's case, the rocky surface of the moon was enough to draw him into lunar research, which he still conducts at the age of 81.

“The commander told me as soon as I got out I had to look up and see the Earth," he recalls. "I said ‘Well, chief, you’ve seen one Earth, you’ve seen them all’."

In truth, having spent three days looking at the Earth from his craft, Schmitt’s priority was in looking down at the new surface under his feet.

After landing in a valley deeper than the Grand Canyon, his chief concern was just getting to work collecting samples in a lifesize laboratory.

While the moment on the moon may be the initiation into an elevated celebrity, it is followed quite literally a fall back to earth. 

In his post-Moon life, Duke found God.

“A lot of us have a letdown [afterwards]," he admits. Duke was 36 when he landed on the moon in April 1972. By December, the Apollo programme was over. "In January ’73, the thought occurred to me, ‘what am I going to do now?’"

Achieving his life's ambition before hitting middle age turned out not to be as satisfying as he expected. "Because you’d climbed the top, you got to the ultimate high when you were still a young man - and the drive that took you to the ultimate high was still there," he says. "That was a struggle."

In the years since, Duke has looked at his experience as a religious one. Yet he insists God wasn’t present for him when he touched down on the lunar body.

“The Moon flight was not a spiritual experience," he says. "I didn’t understand the wonder of God’s universe. I was enjoying the beauty and the excitement of this mission.”

The three men agree that Mars is the next step for the future of humanity, but there are safety and speed concerns.

“There is potential important work to be done in better physiological understanding of human exposure to long duration space flight which is going to happen whenever we go to Mars,” says Schmitt.

“Anything we do as human beings that’s productive and worthwhile carries risk, either physical of psychological. Radiation, physiological exposure to weightlessness for long durations, and the danger of landing on a distant planet where the atmosphere is not going to be much help - but you do accept the risk that it might end up as a one-way trip.”

But after all of that - the life, the death, the heartache - Duke says he would go back up there if he could.

“At my age now I wouldn’t volunteer to go to Mars - but I would volunteer for a round-trip to the Moon again.”

Starmus Festival runs in Trondheim until Friday June 23. For more information, visit Starmus.

Kirstie McCrum is a freelance journalist. Follow her @kirstiemccrum.

0800 7318496