Comments on: "Aaron's Law" introduced, would change computer law so violating Terms of Service isn't a felony

By: Warren

Warren — Thu, 17 Jan 2013 23:09:00 +0000

This strikes me as an overreach:

‘America['s] penal system is ghastly and inhumane.’

There are indubitably abuses of power, of people, and of justice in the American penal system, but until US punishments conventionally include stoning women for having sex, hanging gays, or beheading prisoners, I don’t think we’re in the realm of ‘ghastly and inhumane’.

That said, a threat of 35 years in prison for copying files is outrageous.

By: ocschwar

ocschwar — Wed, 16 Jan 2013 20:38:00 +0000

It’s a good start, but even then the CFAA will continue to cover acts that range from the heinous to the inane with the same penalties, and leave the distinction to prosecutorial discretion.

By: ocschwar

ocschwar — Wed, 16 Jan 2013 20:10:00 +0000

“Are we teaching our next generation of activists that suicide is an acceptable promotional tool if you’ve been wronged and have friends in media?”

The campaign for women’s suffrage started with a suicide, and was successful, and it still didn’t cause activists to use it for other cases.

By: greendemiurge

greendemiurge — Wed, 16 Jan 2013 16:28:00 +0000

Aaron’s Law seems to be a more effective way to ensure permanent change, but for anyone looking for immediate accountability in this situation the whitehouse.gov petition to remove Carmen Ortiz is now 36,000 strong but could always be stronger:

https://petitions.whitehouse.gov/petition/remove-united-states-district-attorney-carmen-ortiz-office-overreach-case-aaron-swartz/RQNrG1Ck

By: gsilas

gsilas — Wed, 16 Jan 2013 16:06:00 +0000

I don’t mean to be the critical asshole, but I find it slightly disturbing that it required a suicide to get these things going. I think it is inarguable that Mr. Swartz had great things in his future, although I admit that I hadn’t heard of him prior to last week. Are we teaching our next generation of activists that suicide is an acceptable promotional tool if you’ve been wronged and have friends in media?

Or, how fucked is our system that change still required self-martyrdom? I’m just going to keep telling myself that the world would have been better off without the suicide, although I can see a potential argument to the contrary in this case (which makes me sick).

By: awjt

awjt — Wed, 16 Jan 2013 15:18:00 +0000

Also: a new bill needs to define “authorization.” It’s vaguely worded in the CFAA, from what I understand, and it needs specific, strict definition.

Authorization from whom, for whom, for what specifically, under what terms, for how long, pertaining to precisely WHAT, exactly?

By: UnderachievingSheep

UnderachievingSheep — Wed, 16 Jan 2013 15:13:00 +0000

Apropos, Buzzfeed (of all places), has a pretty good article about DA Carmen Ortiz and her history of trying to further her career by going after vulnerable people to make examples out of them. I did not know until I read it that she had successfully prosecuted someone for what basically amounts to “thought crime” (Tarek Mehanna)

http://www.buzzfeed.com/justinesharrock/who-is-aaron-swartzs-prosecutor