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
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The science and technology committee debacle shows how we're failing women in tech

It would be funny if it wasn’t so depressing.

Five days after Theresa May announced, in her first Prime Minister’s Questions after the summer recess, that she was "particularly keen to address the stereotype about women in engineering", an all-male parliamentary science and technology committee was announced. You would laugh if it wasn’t all so depressing.

It was only later, after a fierce backlash against the selection, that Conservative MP Vicky Ford was also appointed to the committee. I don’t need to say that having only one female voice represents more than an oversight: it’s simply unacceptable. And as if to rub salt into the wound, at the time of writing, Ford has still not been added to the committee list on parliament's website.

To the credit of Norman Lamb, the Liberal Democrat MP who was elected chair of the committee in July, he said that he didn't "see how we can proceed without women". "It sends out a dreadful message at a time when we need to convince far more girls to pursue Stem [Science, Technology, Engineering and Mathematics] subjects," he added. But as many people have pointed out already, it’s the parties who nominate members, and that’s partly why this scenario is worrying. The nominations are a representation of those who represent us.

Government policy has so far completely failed to tap into the huge pool of talented women we have in this country – and there are still not enough women in parliament overall.

Women cannot be considered an afterthought, and in the case of the science and technology committee they have quite clearly been treated as such. While Ford will be a loud and clear voice on the committee, one person alone can’t address the major failings of government policy in improving conditions for women in science and technology.

Study after study has shown why it is essential for the UK economy that women participate in the labour force. And in Stem, where there is undeniably a strong anti-female bias and yet a high demand for people with specialist skills, it is even more pressing.

According to data from the Women’s Engineering Society, 16 per cent of UK Stem undergraduates are female. That statistic illustrates two things. First, that there is clearly a huge problem that begins early in the lives of British women, and that this leads to woefully low female representation on Stem university courses. Secondly, unless our society dramatically changes the way it thinks about women and Stem, and thereby encourages girls to pursue these subjects and careers, we have no hope of addressing the massive shortage in graduates with technical skills.

It’s quite ironic that the Commons science and technology committee recently published a report stating that the digital skills gap was costing the UK economy £63bn a year in lost GDP.

Read more: Why does the science and technology committee have no women – and a climate sceptic?

Female representation in Stem industries wasn’t addressed at all in the government’s Brexit position paper on science, nor was it dealt with in any real depth in the digital strategy paper released in April. In fact, in the 16-page Brexit position paper, the words "women", "female" and "diversity" did not appear once. And now, with the appointment of the nearly all-male committee, it isn't hard to see why.

Many social issues still affect women, not only in Stem industries but in the workplace more broadly. From the difficulties facing mothers returning to work after having children, to the systemic pay inequality that women face across most sectors, it is clear that there is still a vast amount of work to be done by this government.

The committee does not represent the scientific community in the UK, and is fundamentally lacking in the diversity of thought and experience necessary to effectively scrutinise government policy. It leads you to wonder which century we’re living in. Quite simply, this represents a total failure of democracy.

Pip Wilson is a tech entrepreneur, angel investor and CEO of amicable