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Memory to myth: tracing Aaron Swartz through the 21st century | 136 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
executive right hand not knowing what the executive left hand does ?
Authored by: mbouckaert on Wednesday, January 23 2013 @ 03:25 PM EST

Just received this RSS

Maybe this "civic hacking day" should be named after Aaron? The contrast between inviting creativity and rewarding it with threats of 35 years in jail couldn't be stronger.

---
bck

[ Reply to This | Parent | # ]

Gozi Bank Malware
Authored by: Anonymous on Wednesday, January 23 2013 @ 05:00 PM EST
PJ: The ringleaders were arrested beginning in 2010, and victims were still losing hundreds of thousands of dollars in 2012? And prosecutors in MA were wasting time hounding Aaron Swartz???
Big difference, the 76Service/Gozi three are only the code master-minds, and they went to great lengths to conceal their operation. Each botnet operator could buy from them customized code for their particular victim-set/bank combination. The Trojan was first discovered early 2007, and will go on causing trouble for as long as the botmasters, possibly hundreds of them, can go on picking up unsecure victims. More details at krebs on security .

In contrast Swartz' case was open-and-shut. He made no serious attempt to conceal his activities, in spite of what the indictment claimed. The delay came from the Feds bewilderment that he wouldn't come clean and 'fess up.

Similarity with the Swartz case was somebody made up some numbers as the "value" of the JSTOR articles, so on paper Swartz and the Gozi gang had both stolen a sum in dollars.

[ Reply to This | Parent | # ]

Digital rights advocate's death places spotlight on more open access to info. By Michael Geist
Authored by: Anonymous on Wednesday, January 23 2013 @ 06:13 PM EST
Honouring Aaron Swartz, Internet Activist
The Internet community has been reeling for the past week as it grapples with the suicide of Aaron Swartz, a prominent digital rights activist who left a remarkable legacy for a 26-year-old. Swartz's contributions are used by millions of people every day as he played a key role in developing the specifications for RSS (which makes it easy to syndicate online content), Creative Commons licenses (which makes is easy to make creative works freely available), and the popular website Reddit.
Michael Geist, The Tyee

[ Reply to This | Parent | # ]

Microsoft won't release study that challenged success of Munich's Linux migration
Authored by: Anonymous on Thursday, January 24 2013 @ 12:25 AM EST

Microsoft won't release study that challenged success of Munich's Linux migration

I imagine this study was commissioned to use in negotiating tactics against customers who were demanding "cut your price or we'll switch to Linux". The customer says "Linux is cheaper than Windows", and Microsoft replies "no it isn't, here's my study that proves it".

A number of very large customers have been using Linux as a bargaining tactic to ratchet down their Microsoft licensing costs, but they don't have serious plans to actually switch. Microsoft will use this study to call their bluff. The customer will either have to go through with their threat (to switch to Linux), or else back down and accept the price that Microsoft is demanding.

These sorts of commissioned studies are common in the IT business. You can determine what the results of an "independent study" will be by setting the assumptions that go into it. At one time studies like this would be published publicly (e.g. ads which would say "download your Windows TCO white paper here"). Today however, they quickly get torn to shreds by the blogosphere. The new tactic is to only hand them out to the people they are actually targeted at, as these people rarely have the resources to spend on refuting them.

The problem with using Linux as a stick to beat Microsoft with is that it only works if just a few people are using it. Once everyone starts using it, then Microsoft will view the loss of revenue due to lower prices as more of a problem than the loss of a few customers to Linux. If it causes a few of those customers to eventually actually go through with their threats, then it's a good thing.

[ Reply to This | Parent | # ]

Why Did the Justice System Target Aaron Swartz?
Authored by: Anonymous on Thursday, January 24 2013 @ 02:24 AM EST
Last month, Rolling Stone's Matt Taibbi noted the absurdity of HSBC bankers skating on serious drug money laundering charges while hundreds of thousands of Americans sit behind bars for petty drug offenses.

The Secret Service's involvement in hunting down a 26-year-old charged with downloading too many scholarly articles is just another example of our justice system's chillingly warped priorities.

Steven Hsieh, Rolling Stone

[ Reply to This | Parent | # ]

Hmmm: "and prosecutors to bury the Brady
Authored by: SilverWave on Thursday, January 24 2013 @ 02:37 AM EST
Brady disclosure

Response to @RadleyBalko: Why Loser Pays in Criminal Law is a Loser

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

Part 2: EFF's Additional Improvements to Aaron's Law
Authored by: Anonymous on Thursday, January 24 2013 @ 03:16 AM EST
In our first post, we presented some initial thinking about how to fix the Computer Fraud and Abuse Act (CFAA) and wire fraud law in light of the tragic prosecution of Aaron Swartz. 

Now we present part two: suggestions to address the CFAA's penalty structure.  The CFAA, which is the primary federal computer crime law, allows for harsh punishments and makes too many offenses felonies. The statute is also structured so that the same behavior can violate multiple provisions of the law, which prosecutors often combine to beef up the potential penalties. 

So once again we're showing our work, even as we continue to tinker.

Cindy Cohn and Marcia Hofmann, EFF

[ Reply to This | Parent | # ]

Hamed Al-Khabaz's (Dawson College expelled student) video appeal
Authored by: Anonymous on Thursday, January 24 2013 @ 10:01 AM EST
Hamed Al-Khabaz - My Appeal to You! #HamedHelped

1'51" http://www.youtube.com/watch?v=UUG65Xun1XM

[ Reply to This | Parent | # ]

Alan Cox, No. 2 in Linux world, resigns
Authored by: raiford on Thursday, January 24 2013 @ 10:24 AM EST
http://www.livemint.com/Companies/R3ejpyW3GZBmyVWUbg3t hO/Alan-Cox-No-2-in-Linux-world-resigns.html

[ Reply to This | Parent | # ]

Memory to myth: tracing Aaron Swartz through the 21st century
Authored by: albert on Thursday, January 24 2013 @ 10:39 AM EST
Link

""I was impressed by how smart the Justices were. These were people who very thoroughly understood the issues and thought quickly on their feet. They were interested in long-lasting effects and classics, I doubted many cared much for Mickey or Steamboat Willie. It’s sad we don’t have this level of intellectualism and intelligence in the rest of our government today."" - Aaron Swartz

This echoes my thoughts when I did some informal research on the backgrounds of the 5th Federal Circuit judges. IIRC, there was one Computer Science degree, lots of IP experience both in gov't and in industry, and the usual BA or AB degrees. Most of them were fairly young. Just for fun, I did the same for SCOTUS. There were no tech degrees, no IP experience, just AB or BA degrees, and the judges are much older.

Isn't it interesting that Supreme Court justices manage to hit the nail on the head most of the time, despite the lack of tech or IP backgrounds? IP experience seems to negatively affect 5th Circuit decisions.

Despite their conservative leanings, I've got a lot more respect for the Supremes than I used to have.

[ Reply to This | Parent | # ]

What About the Insiders?
Authored by: Anonymous on Thursday, January 24 2013 @ 02:45 PM EST
Newspick. Aleynikov (PDF) says email does not violate 18 U.S.C. 2314 (transportation of stolen goods) but Kerr thinks amendment to make it so would
raise[..] all sorts of complex conceptual problems for when data counts as being “stolen.”
Hello? Isn't this conceptual problem of the "theft" of data very close to Square One? Observe that the concept of theft is not defined in 18 U.S.C. 1030 (CFAA), unless we consider §2 B (iii) "the value of the information obtained exceeds $5,000;" Kerr lifts this to $50,000 in his proposed amendment to 18 U.S.C. 1030,PDF but he appears to think the concept of theft of data can only occur in the situation of theft as a servant, leading him to propose a new code 18 U.S.C. 1031.PDF

Swartz' actions might be considered similar to picking up one of every free sample at a Trade Show, to take home to Mom. Aleynikov on the other hand was allegedly engaged in Grand Larceny, and the Stolen Goods and Economic Espionage laws gave bigger jail time than CFAA. Then we have the curious case of Auernheimer, who started off demonstrating a flaw in AT&T's data storage, but then by his words and deeds moved to malicious acts and possible criminal intent. How should he be dealt with?

[ Reply to This | Parent | # ]

  • TWOCing - Authored by: Wol on Thursday, January 24 2013 @ 07:32 PM EST
    • TWOCing - Authored by: Anonymous on Thursday, January 24 2013 @ 08:25 PM EST
  • What About the Insiders? - Authored by: Anonymous on Friday, January 25 2013 @ 10:24 PM EST
Obvious as a Matter of Law
Authored by: Anonymous on Thursday, January 24 2013 @ 06:57 PM EST

Article link.

I wondered about about the potential for something for a bit now and the bit that's presented in the newspick raises that thought anew.

Now - lots of us having been speaking out on a number of reasons as to why software should fall into non-patentable subject matter.... or even does depending on just which point of view one examines. The Supreme's have shown - by quote - that they actually take the time to read various blogs. As a result, they most likely have wandered across any number of the discussions which will have been tiny seeds planted and being nurtured.

It wouldn't be unreasonable that the Federal Circuit - having seen some of those blog quotes - have started exploring the blogosphere as well if they hadn't been doing that already.

Given the direction and focus the Supreme's have had on patents recently, the thought goes along the lines:

    The Federal Circuit - which seemed for some time to be quite patent friendly (a possible illusion given my limited exposure) - may see a reasonable potential future where the Supreme's do actually rule that since software is abstract - after all it is nothing more or less then a language - and abstract is not patentable, software (as are all languages such as English) is therefore not patentable.
    As a result - in an attempt to preserve some measure of patentability - the Federal Circuit has been more active in finding patent invalidity in areas of Patent Law such as obviousness so they can turn the attention away from the subject of patentability.
As I said - it's just a thought.... albeit a rather interesting one. And I'll likely never know just how close (or far away) from reality it really is.

RAS

[ Reply to This | Parent | # ]

Obama's Techies Want To Open Source Their Work, But Politicians Want To Keep It Secret
Authored by: Anonymous on Monday, January 28 2013 @ 10:51 AM EST
Re: Obama's Techies Want To Open Source Their Work, But Politicians Want To Keep
It Secret

However, to open source it MIGHT BE a better option. As than other Democrats
-traditional who want to run against some other democrat in a primary, or even,
a run by another democrat (one who is not exactly favored by the
"established bosses"), or, let the Independent, Progressive, etc,
other parties and canidates have at it too (without having to first have the
blessing of someone who is IN CONTROL of it).

The parinoia mindset of CONTROL is a virus by itself. Think Stalin. Central
Control is not what OPEN SOURCE is all about.

It is wise that ALL can use it.

Is that not good for the process... any game should have a level playing field
from bottoms to top, and off to the sides.

[ Reply to This | Parent | # ]

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