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

Alan Schulz
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An Amazonian tribe is challenging scientific assumptions about our musical preferences

The Tsimane’ – a population of people in a rural village in Bolivia – are overturning scientists' understanding of why humans prefer consonant sounds over dissonant ones.

It was 29 May 1913. Hoards of Parisians packed out the newly-opened Théâtre des Champs-Élysées. Messrs Proust, Picasso and Debussy were in attendance. Billed for the evening was the premiere of Le Sacre du PrintempsThe Rite of Spring, a ballet and orchestral work debuted by Russian composer Igor Stravinsky.

The attention and conjecture focused on the theatre that day meant expectations were high. However, within moments of the piece beginning, all preconceived notions held by the audience were shattered, as what was unfolding in front of them was a musical tragedy unlike anything they had ever witnessed.

A bassoon hummed into the ether before ballet dancers stomped on stage; the music, unpredictable with its experimental edge, drove forth the onstage narrative of a young girl whose selection during a pagan ritual saw her sacrificially dance towards death. Stravinsky’s composition and the ensemble of the night caused the room to descend from laughter and disruption to chaos and uproar.

The employment of dissonance – sharp, unstable chords – largely contributed to the audience’s disturbed reaction. Dissonant chords create a tension, one which seeks to be resolved by transitioning to a consonant chord – for example an octave or perfect fifth. These musical intervals sound far calmer than the chords which riveted the audience of The Rite of Spring.

Dissonant and consonant intervals find themselves as binary opposites; the frequencies at which notes played together vibrate determine whether an interval is consonant or dissonant. Consonant intervals have simple mathematical relationships between them, but greater digression from that simplicity makes an interval increasingly dissonant.

It’s long been believed  both experimentally and anecdotally – that the preference among Westerners for consonant chords highlights a universal, perhaps biologically-rooted, leaning among all humans towards consonant sounds. If you were present at the introduction of Stravinsky’s The Rite of Spring on that night of furore in Paris, you’d find it hard to disagree.

There is, however, a growing movement against this consensus. Ethnomusicologists and composers alike argue that favouring consonance may just be a phenomenon that has evolved from Western musical culture. And following the visit of a group of researchers to a remote Amazonian society, these claims could well be grounded in scientific evidence.

Led by Josh McDermott, an MIT researcher who studies how people hear, the group travelled to a village in the Amazon rainforest called Santa Maria. It’s populated by the Tsimane’ – a group of native Amazonians whose rural abode is inaccessible by road and foot, and can be reached only by canoe. There are no televisions in Santa Maria and its inhabitants have little access to radio, meaning exposure to Western cultural influences is minimal.

The researchers were curious to see how the Tsimane’ would respond to music, in order to determine whether they too had a preference for consonant sounds over dissonant ones. To everyone’s surprise, the Tsimane’ showed no preference for consonance; the two different sounds, to the Tsimane’ at least, were equally pleasant.

Detailing their research in a paper published by Nature, the group explains how the Tsimane’ people’s indifference to dissonance is a product of their distance from Western culture and music, removing any purported notion that humans are hard-wired to praise perfect fifths and fourths.

McDermott tells me that the Western preference for consonance may just be based on familiarity. “The music we hear typically has more consonant chords than dissonant chords, and we may like what we are most exposed to,” he says. “Another possibility is that we are conditioned by all the instances in which we hear consonant and dissonant chords when something good or bad is happening, for example in films and on TV. Music is so ubiquitous in modern entertainment that I think this could be a huge effect. But it could also be mere exposure.”

To fully gauge the Tsimane’ responses to the music, 64 participants, listening via headphones, were asked to rate the pleasantness of chords composed of synthetic tones, and chords composed of recorded notes sung by a vocalist. At a later date, another 50 took part in the experiment. They had their responses compared to Bolivian residents in a town called San Borja, the capital city La Paz, and residents in the United States – locations selected based on their varying exposures to Western music.

What made the Tsimane’ particularly interesting to McDermott and his group was the absence of harmony, polyphony and group performances in their music. It was something the researchers initially thought may prevent an aesthetic response from forming, but the worry was quickly diminished given the Tsimane’ participants’ measure of pleasantness on the four-point scale they were provided.

Unsurprisingly, the US residents showed a strong preference for consonance – an expected preference given the overrunning of Western music with consonant chords. Meanwhile, the San Borja and La Paz residents demonstrated inclinations towards consonant sounds similar to the US residents. The implication of these results – that consonance preferences are absent in cultures “sufficiently isolated” from Western music – are huge. We most probably aren’t as polarised by consonance and dissonance as we assume; cultural prevalence is far more likely to have shaped the consonant-dominant sounds of Western music.

McDermott raised the question about why Western music may feature certain intervals over others to begin with:

“One possibility is that biology and physics conspire to make conventionally consonant and dissonant chords easy to distinguish, and so that distinction becomes a natural one on which to set up an aesthetic contrast even if the preference is not obligatory. We have a little evidence for this in that the Tsimane' could discriminate harmonic from inharmonic frequencies, which we believe form the basis of the Western consonance/dissonance distinction, even though they did not prefer harmonic to inharmonic frequencies.”

There has been some criticism of this. Speaking to The Atlantic, Daniel Bowling from the University of Vienna said:

“The claim that the human perception of tonal beauty is free from biological constraint on the basis of a lack of full-blown Western consonance preferences in one Amazonian tribe is misleading.”

Though the results from the Amazonian tribe demonstrate a complete refutation of previous assumptions, people's musical preferences from other cultures and places will need to be analysed to cement the idea.

With research beginning to expand beyond WEIRD people – those from a Western, Educated, Industrialised, Rich and Democratic background – the tastes in music of people the world over may continue to surprise, just as the Tsimane’ did.

The Rite of Spring, which was met with ridiculing reviews has now been canonised and is considered to be one of the most important pieces of music of the twentieth century. A Tsimane’ crowd on that tender night a century ago in Paris may have responded with instant praise and elation. With further research, the imagined Bolivian adoration of a Russian composer’s piece in the French city of love may prove music to be the universal language after all.