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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Why aren’t there more scientists in the National Portrait Gallery?

If the National Portrait Gallery celebrates the best of British achievements, there’s a vast area that is being overlooked.

The National Portrait Gallery (NPG) in London is my favourite place to visit in the city, even though I’m a mere scientist, or uncultured philistine as the gallery’s curators might consider me. Much of my research involves “omics”. We have “genomics” and “transcriptomics" to describe the science of sequencing genomes. “Proteomics” characterises our proteins and “metabolomics” measures refers to the small chemical “metabolites” from which we’re composed. The “ome” suffix has come to represent the supposed depiction of systems in their totality. We once studied genes, but now we can sequence whole genomes. The totality of scientific literature is the “bibliome”. The NPG purports to hang portraits of everyone who is anyone; a sort of “National Portraitome”.

However, I am increasingly struck by the subjective view of who is on display. Some areas of British life get better coverage than others. Kings and queens are there; Prime ministers, authors, actors, artists and playwrights too. But where are the scientists? Those individuals who have underpinned so much of all we do in the modern world. Their lack of representation is disappointing, to say the least. A small room on the ground floor purports to represent contemporary science. An imposing portrait of Sir Paul Nurse, Nobel laureate and current president of the world’s most prestigious science academy (the Royal Society (RS)) dominates the room. Opposite him is a smaller picture of Nurse’s predecessor at the RS, astronomer Martin Rees. James Dyson (the vacuum cleaner chap), James Lovelock (an environmental scientist) and Susan Greenfield all have some scientific credentials. A couple of businessmen are included in the room (like scientists, these people aren’t artists, actors, playwrights or authors). There is also one of artist Mark Quinn’s grotesque blood-filled heads. Some scientists do study blood of course.

Where are our other recent Nobel winners? Where are the directors of the great research institutes, funding bodies, universities and beyond? Does the nation really revere its artists, playwrights and politicians so much more than its scientists? I couldn’t find a picture of Francis Crick, co-discoverer of the key role played by DNA in genetics. Blur, however, are there. “Parklife” is certainly a jaunty little song, but surely knowing about DNA has contributed at least as much to British life.

Returning to my “omics” analogy, the gallery itself is actually more like what’s called the “transcriptome”. Genes in DNA are transcribed into RNA copies when they are turned on, or “expressed”. Every cell in our body has the same DNA, but each differs because different genes are expressed in different cell types. Only a fraction of the NPG’s collection ends up “expressed” on its walls at any one time. The entire collection is, however, available online. This allows better insight into the relative value placed upon the arts and sciences. The good news is that Francis Crick has 10 portraits in the collection – considerably more than Blur. Better still, Sir Alexander Fleming, the Scottish discoverer of antibiotics has 20 likenesses, two more than Ian Fleming, creator of James Bond. I had suspected the latter might do better. After all, antibiotics have only saved hundreds of millions of lives, while Bond saved us all when he took out Dr No.

To get a broader view, I looked at British winners of a Nobel Prize since 1990, of which there have been 27. Three of these were for literature, another three each for economics and physics, a couple for peace, five for chemistry and 11 for physiology or medicine. The writers Doris Lessing, Harold Pinter and V S Naipaul respectively have 16, 19 and five portraits in the collection. A majority of the scientist winners have no portrait at all. In fact there are just 16 likenesses for the 24 non-literature winners, compared to 40 for the three writers. Albeit of dubious statistical power, this small survey suggests a brilliant writer is around 20 times more likely to be recognised in the NPG than a brilliant scientist. William Golding (1983) was the last British winner of a Nobel for literature prior to the 90s. His eight likenesses compare to just two for Cesar Milstein who won the prize for physiology or medicine a year later in 1984. Milstein invented a process to create monoclonal antibodies, which today serve as a significant proportion of all new medicines and generate over £50bn in revenue each year. Surely Milstein deserves more than a quarter of the recognition (in terms of portraits held in the gallery) bestowed upon Golding for his oeuvre, marvellous as it was.

C P Snow famously crystallised the dichotomy between science and the humanities in his 1959 Rede lecture on “The Two Cultures and the Scientific Revolution” (which was based on an article first published in the New Statesman in 1956). He attacked the British establishment for entrenching a cultural preference for the humanities above science, a schism he saw growing from the roots of Victorian scientific expansion. The gallery supports Snow’s view. Room 18, my favourite, “Art, Invention and Thought: the Romantics” covers that turbulent period covering the late eighteenth and early nineteenth centuries. Here we find the groundbreaking astronomer (and harpsichordist) William Herschel, the inventor of vaccination Dr Edward Jenner, the pioneering chemist Humphrey Davy and the physicist who came up with the first credible depiction of an atom, John Dalton. Opposite Jenner (who also composed poetry) is the portrait of another medically trained sitter, John Keats, who actually swapped medicine for poetry. Wordsworth, Coleridge, Burns, Blake, Clare, Shelley and Byron, all adorn the walls here. The great Mary Shelly has a space too. She wrote Frankenstein after listening to Davy’s famous lectures on electricity. The early nineteenth century saw the arts and science united in trying to explain the universe.

Room 27, the richest collection of scientists in the building, then brings us the Victorians. The scientists sit alone. Darwin takes pride of place, flanked by his “bull dog” Thomas Huxley. Other giants of Victorian science and invention are present, such as Charles Lyell, Richard Owen, Brunel, Stephenson, Lister and Glasgow’s Lord Kelvin. Inevitably the expansion of science and understanding of the world at this time drove a cultural divide. It’s less clear, however, why the British establishment grasped the humanities to the bosom of its cultural life, whilst shunning science. But as the gallery portrays today, it is a tradition that has stuck. However, surely the NPG however has an opportunity to influence change. All it needs to do is put some more scientists on its walls.