MIT report on Aaron Swartz's prosecution is out, and it's a "whitewash"

MIT's report on its involvement in the prosecution of Aaron Swartz (PDF) has been published. The report does not apportion any blame to the university for Swartz's prosecution, stating the the university operated as a "neutral party."

Taren Stinebrickner-Kauffman, Aaron's partner, vigorously disputes the report's findings, calling it a whitewash, pointing out that MIT provided significant aid to the federal prosecutors who chased Aaron over downloading technical aritcles (which he was entitled to see) from its network, but refused to supply the same documents to the defense team, who desperately needed them. This makes MIT's claim of "neutrality" ring false.

Further, Larry Lessig has posted some preliminary thoughts on MIT's position, pointing out that it turned on a question of authorized or unauthorized access, and that the report says MIT never told the prosecutors that Aaron's access was "unauthorized," suggesting that the prosecutors knew they had no case.

MIT’s behavior throughout the case was reprehensible, and this report is quite frankly a whitewash.

Here are the facts: This report claims that MIT was “neutral” — but MIT’s lawyers gave prosecutors total access to witnesses and evidence, while refusing access to Aaron’s lawyers to the exact same witnesses and evidence. That’s not neutral. The fact is that all MIT had to do was say publicly, “We don’t want this prosecution to go forward” – and Steve Heymann and Carmen Ortiz would have had no case. We have an institution to contrast MIT with – JSTOR, who came out immediately and publicly against the prosecution. Aaron would be alive today if MIT had acted as JSTOR did. MIT had a moral imperative to do so.

And even now, MIT is still stonewalling. Wired reporter Kevin Poulsen FOIA’d the Secret Service’s files on Aaron’s case, and judge ordered them to be released. The only reason they haven’t been is because MIT has filed an objection. If MIT is at all serious about implementing any reforms to stop this kind of tragedy from happening again, it must stop objecting to the release of information about the case."

TarenSK | MIT report is a whitewash. My statement in response.

(Image: Aaron Swartz memorial graffiti by Brooklyn Graffiti artist BAMN, Almonroth/Wikimedia Commons, CC BY-SA)

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