Justice for Aaron Swartz

by John Halle on January 13, 2013

Aaron Swartz, who committed suicide on Friday, was by all accounts a remarkable person. But he was by no means a radical. In his brief role as an organizer with the Progressive Change Campaign Committee, he was among those who were convinced that with sufficient pressure from its activist base, the Obama administration would eventually reveal its deeply obscured roots in traditional New Deal/Great Society liberalism.

It hardly needs to be said that those of us who argued against him at the time, as I did, take no pleasure in having been proven right in the years since. The most tragic indication came two years ago when the Obama justice department charged Swartz himself with a 12 count violation of the 1986 Computer Fraud and Abuse Act for his attempt to acquire, via the MIT server, the JSTOR scholarly archive and make it available to the general public.

A small, delicate and bookish 26 year old, the prospect of a lengthy prison term, according to friends, terrified him and this, compounded by a history of depression, was, according to a statement released by this family, a primary reason for his suicide.

This was, of course, an almost unspeakable tragedy for those who knew him.

For them there is an understandable tendency to focus on Swartz’s extraordinary life and accomplishments and a reluctance to point fingers at those who are responsible.

Those of us who only know of Swartz’s work in passing shouldn’t feel any compunction about doing so, and there is plenty of blame to go around.

Most conspicuously, there is the Obama administration, and its deep pocket contributors in the high tech, publishing and entertainment industries who have attempted to make what they call the “theft” and what Swartz regarded as the liberation of intellectual property a crime meriting the most severe punishment. A ridiculously disproportionate 35 year sentence was being aggressively pursued by Massachusetts Federal Attorney, Carmen Ortiz who likely viewed the prosecution as an opportunity to raise her profile within the party. The strategy seemed to be working: Massachusetts Governor and close friend of Obama Deval Patrick mentioned her as a likely successor.

It should be our job to ensure that Ms. Ortiz’s cynical calculation will not pay off. A petition demanding her removal from office is being circulated and should be signed, though this is a bare minimum. Demonstrations at her office should become routine and her public appearances should be greeted with conspicuous displays of opposition. Should she receive the nomination for governor, or any other position in the future, those honoring Schwartz’s memory should pledge to nominate, finance, and actively support a third party candidate who can benefit from the legitimate outrage at Ortiz’ exercise in prosecutorial over-reach and extreme Democratic Party triangulation.

The other target, MIT, is not used to having the light of publicity affixed to it, but it is well deserved. As the Swartz’s family notes, by filing charges when the primary victim JSTOR refused to do so, MIT’s acquiesence was required for the federal prosecution to proceed.

Although MIT enjoys a near pristine reputation as America’s premier scientific and technical institution, it has more than a few skeletons in its closet due to its having been for years a leading beneficiary of federal government contracts, much of this tied to the development and production of costly, destabilizing and unnecessary weapons systems.

Complementing this flow of cash is the revolving door connecting its faculty with high level positions in industry and the federal government. MIT Professors such as CIA director John Deutsch, Treasury Secretary Lawrence Summers and National Security Advisor Walt Rostow, among many others, have been leading figures within the Washington establishment.

The presence of these naturally raises suspicions with respect to the Obama Justice Department having influenced MIT’s decision to pursue prosecution. While this is necessarily a matter of speculation, it is difficult to see what MIT gained, since its own intellectual property was not being compromised. Furthermore, the climate at the institute, particularly within higher technology circles has historically promoted a culture of openness and sharing of ideas. The prosecution seriously if not fatally undermined this culture and this is what the Swartz’s family meant by MIT failing “to stand up for… its community’s most cherished principles.”

MIT faculty, particularly those in fields such as computer science and software engineering where Swartz made, at a very young age, substantial contributions, should demand an explanation for the administration’s catastrophic and tragic decision to move forward with the prosecution. And it should demand the release of all communications with federal officials relating to the Swartz case, should they exist.

Doing so would serve justice and, ultimately, the best interests of MIT as an institution.

It is the least which the MIT community can do to honor Swartz’s memory.

  • Aaron Aarons

    While I am fully in solidarity with the major points of this article, I want to point out, in a comradely way, an example of the kind of thinking, or at least of rhetoric, that leftist enemies of the ruling order should avoid, even in making an incidental point:

    [MIT has] been for years a leading beneficiary of federal government contracts, much of this tied to the development and production of costly, destabilizing and unnecessary weapons systems.

    This use of the word “unnecessary” leaves the implication that some weapons systems that are developed and produced for the U.S. government are “necessary”, without questioning what interests they might be “necessary” for, and will reinforce in many minds the notion that some such weapons systems are “necessary” in the abstract, and not “necessary” specifically to serve the interests of the U.S. ruling class.

    Again, I am fully in solidarity with the intent of this post and hope to see further discussion of the topic, including on how to accomplish exactly the kind of liberating task that Aaron Swartz was persecuted for attempting.

    • Audrey Borus

      Or “unnecessary” in that no weapons are.

      • Aaron Aarons

        Maybe some people will read it that way, but many will read it the way I am concerned about. Moreover, many weapons systems are, taken together, necessary to the U.S. ruling class in order to maintain its power in the world, even if no single weapons system is, in itself, necessary for that purpose.

  • http://billkerr2.blogspot.com.au Bill Kerr

    For them there is an understandable tendency to focus on Swartz’s extraordinary life and accomplishments and a reluctance to point fingers at those who are responsible.

    I thought the memorial statements from Lawrence Lessig http://lessig.tumblr.com/post/40347463044/prosecutor-as-bully and Cory Doctorow http://boingboing.net/2013/01/12/rip-aaron-swartz.html covered both the political pointing the finger as well as the personal aspects with power and grace.

  • Pingback: Justice for Aaron Swartz « Akashma Online News

  • John Halle

    Both points are well taken. My response to Aaron would be that made by Audrey, namely, that our conception of the “necessary” is highly preconditioned by hegemonic conceptions induced by capital-that’s the sense in which I meant it, so the scare quotes are probably in order. As to Bill’s point, yes, both Doctorow and Lessig do point fingers, but my intention here was, in fact (regardless of what the text says!), to go beyond pointing fingers. Namely, I believe the Swartz tragedy provide us with what is called a “teachable moment”, i.e. an opportunity where many who previously were not are now open to a radical critique of institutions and will be looking for a means to give their opposition political expression. That’s why I mention, for example, third party challenges to Ortiz, should she run for office.

    In that sense, my purpose in writing the piece (and the follow up posted to day) is along the same lines of many of the other threads being discussed here, namely, “how do we build the movement in the 21st century.” I’m not sure, but I do know that we need to be able to take advantage of opportunities to do so when they present themselves.

    This seems to be to be a parade example.

Previous post:

Next post: