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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Understanding anxiety – my inside view of a debilitating disorder and how to control it

Following a number of recent anxiety attacks, I set out to learn why this happens to me.

As I stepped out of the office one evening after a routine day at work, I found myself glued to the floor. Legs bolted, knees quivering, heart racing – I was cemented into the ground by something paralysing.

I had to work out what was happening, and fast. Was a looming deadline holding me back from leaving? Was an unread message on my phone stopping me in my tracks? Perhaps fatigue had set me on edge. Or that passerby with an unsettling stare caught me off-guard. Maybe it was something more surreal; maybe a sense of dread had taken over, as I started to perceive each onlooker as a potential source of fear. Whether it was all of those things or none of those things, I eventually realised that the sticky situation I had found myself in was the onset of an anxiety attack.

Anxiety is a disorder of varying forms. People may be affected by generalised anxiety disorder – characterised by excessive worrying (often without an identifiable trigger), a specific phobia or panic disorder, in which terror can overwhelm a person without warning. The sufferer experiences physical and mental symptoms of distress that include a feeling of restlessness, shortness of breath, and agitation, exacerbated by the uncontrollable spiralling of their thoughts, which can often be self-deprecating and debilitating.

I had been in this situation before. The rising tension makes for an overwhelming and often paranoid experience, but my awareness of the fact that I was indeed having an anxiety attack was enough to know that this feeling wouldn’t persist for an indefinite amount of time; it would eventually pass, as all anxiety attacks do.

After roughly half an hour of concentrated breathing, conscious changes in thought patterns and eventually moving to a quieter spot, I had managed to calm down.

Though I had managed my anxiety attacks before via similar means, I was curious to know – what exactly was happening during my attacks? What can specifically be done while they’re happening? And could the panic and jitters of anxiety ever be beneficial?

The biology of an anxiety attack

The biological basis of an anxiety attack is tied to the actions of the body’s autonomic nervous system – a division of our nervous system that, without conscious control, regulates our bodily organs and systems.

When stimulated, the autonomic nervous system kicks into gear, causing the release of adrenaline into the bloodstream. And that’s when things flare up.

Pulses of adrenaline are produced in response to a stimulus  one that causes the body to kick into a defensive fight-or-flight mode. With anxiety, these stressful stimuli include excessive thoughts, heightened worries, trauma triggers and objects posing as threats. Even subconscious phenomena have been proposed as provokers; it is known that sufferers may wake up from a night’s sleep in a bout of panic. The stimuli add to the existing level of distress, making a person’s breath shallower, often inducing profuse sweating, and initiating a dark foreboding, all in the space of a moment.

Combating anxiety

According to the NHS, there are a number of techniques that can be employed to manage the distressing symptoms of an attack. Staying in a fixed spot, deep breathing and actively issuing a challenge in your mind to the fears on which you may be fixating are crucial things to do in the immediate stages. I wasn’t sure whether in my latest case I had done this instinctively or out of habit from past struggles. Either way, the methods were relieving.

The end of an attack is reached through an eventual depletion of adrenaline, which tells the body that it no longer needs to be on high alert. It brings with it tiredness but a welcome passing of the crisis. However, without a longer-term, pragmatic approach to tackling the disorder, it’s almost certain that an individual will face another intense period of anxiousness. So how should anxiety sufferers manage the issue over a longer period of time?

This is where therapy can be an extremely useful form of intervention. Cognitive behavioural therapy (CBT) is the most common form of therapy for the disorder, with research demonstrating its effectiveness in treating the closely related disorders under the umbrella of anxiety. CBT focuses on a reconfiguring of thought patterns, shifting perceptions and a redefining of negative sources of fear.

Recently, I spoke to David Potts, a CBT therapist, to discuss how therapy can be of benefit. He said: “In therapy we'd work on specifics. It would involve telling yourself what the triggers are. Often people have very negative views about what's happening to them [during an attack]; they'll think I'm having a heart attack or I'm going to die and those kinds of thoughts form a vicious cycle and the panic gets worse.”

According to Potts, being attuned to the occurrence of an anxiety attack is essential in taking active steps to overcome it. It can facilitate the process of calming down, allowing the person in the midst of an attack to separate the thoughts in their mind from the reality of a particular situation.

Therapy can also offer an individualised approach to understanding a person’s anxiety. Potts told me: “Often, from a therapy perspective, we are considering what’s happening to them [the patient] in their lives that lead them to be more anxious than other people. It could include things they’ve experienced in childhood, it could be ways that families are, or it could involve ways that they’ve learnt to manage different emotions.”

Beyond therapy, medication is available to aid anxiety. Appropriate to a disorder that can affect people in various ways, there are different types of medication. Selective serotonin reuptake inhibitors (SSRIs) are the most common form of medication. SSRIs are antidepressants that seek to increase levels of serotonin in our brains – a neurotransmitter thought to be central to the maintenance of mood. Other drugs available (in case of side effects from SSRIs) include serotonin and noradrenaline reuptake inhibitors (SNRIs), pregabalin and benzodiazepines. Though alleviating, medication is something that should supplement forms of therapy, as the pills themselves won’t solve the social triggers and problems that cause anxiety.

As people have increasingly moved towards holistic lifestyles, emphasis on exercise and dietary intake has been elevated. Eating healthier has been linked to reduced symptoms of anxiety, while exercise has been proven to reduce levels of stress in the long run. Reduced stress equates to a reduced risk of an anxiety attack.

Changes to the brain from exercise have been documented too. Researchers at Princeton University found that physical exercise generates excitable new brain cells in the hippocampus – an area of the brain involved in emotional responses. Though the excitability of the neurons would generally be unfavourable (priming the brain for anxiety), researchers found that the impact of exercise was one which had a calming effect, as the exercise was able to switch off the newly-generated, excitable neurons at times when they weren’t required.

When just a ten-minute walk has been shown to offer benefit, there seems to be very little to oppose the implementation of exercise as a form of therapy for anxiety.

Living with anxiety

Perhaps surprisingly, anxiety can be harnessed as a tool of empowerment for some. When it occurs at a smaller scale, it can serve as an informative warning against stressors, and help an individual focus and pinpoint their attention.

As a sufferer, acknowledgement of anxiety seems to be the key to unlocking the resources that can dull its impact. With carefully paid attention, responsibility and mindfulness, the waves of anxiety threatening to drench you can be reduced to smaller, more manageable ebbs and flows.