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{\an3}radioaktif.blogspot.com
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{\an3}RadenSandy
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The co-founder of the social news and entertainment
website 'Reddit' has been found dead...
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He certainly was a prodigy, althought
he never kind of thought of himself like that.
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He was totally unexcited about
studying businesses and making money.
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There's a profound sense of loss tonight
in Highland Park, Aaron Swartz's hometown...
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...as loved ones say goodbye
to one of the Internet's brightest lights...
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...Open Access and computer activits
are mourning his loss...
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...an astonishing intellect;
you talk to people who knew him...
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...he was killed by the government,
and MIT betrayed all of its basic principles...
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...they wanted to make an example out of it,
ok?
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Governments have insatiable desire to control.
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...he was potentially facing 35 years in prison,
and a 1 million dollar fine...
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...raising questions of prosecutorial zeal,
and I would say even misconduct.
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Have you looked into that particular matter
and reached any conclusions?
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Growing up, you know,
I slowly had this process of realising
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that all the things around me,
that people had told me
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were just the natural way things were,
the way things always would be.
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They weren't natural at all.
They were things that could be changed.
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And they were thing that, more importantly,
were wrong and should change.
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And once I realised that,
there was really kind of no going back.
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Welcome to story-reading time!
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The name of the book is
'Paddington at the fair'.
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Well, he was born in Highland Park
and grew up here.
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Aaron came from a family of three brothers,
all extraordinarly bright.
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Oh, the box is tipping over!
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So, we were all, you know,
not the best behaved children,
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you know, three boys running around all the time,
causing trouble...
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Mom: Hey, no, no, no... Aaron!?
Aaron: What?
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But, I've come to the realization:
Aaron learned how to learn at a very young age.
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Knock, knock!?
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Who's here?
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Aaron!
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Aaron who?
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Aaron funny man.
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He knew what he wanted,
he always wanted to do it.
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He always accomplished what he wanted.
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His curiosity was endless.
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Here's a little picture of
what the planets are,
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and each planet has a symbol...
[continues]
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One day he said to Susan:
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"What's this free family entertainment,
downtown Highland Park?"
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Free family entertainment,
downtown Highland Park!
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He was three at the time.
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She said:
"What are you talking about?"
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He said:
"Look, it says here on the refrigerator!"
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Free family entertainment;
downtown Highland Park.
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And so, she was floored and astonished
that he could read.
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It's called: 'My family seder'.
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The seder night is different
from all other nights.
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I remember once we were
at the University of Chicago library.
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I pulled a book off the shelf
that was from, like, 1900...
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and showed to him, and I said:
"You know, this is, really, just an extraordinary place!"
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We all were curious children, but Aaron
really liked learning and really liked teaching.
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Today we're going to learn the ABC backwards:
z, y, x, w, [...]
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I remember he came home
from his first algebra class,
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and he was like:
"Noah, let me teach you algebra!"
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And I'm like: "What is algebra?"
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And he was always like that.
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Now its press... now I press button... click button,
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there, now it's got that, now it's in pink.
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When he was 'bout 2 or 3 three years old,
and Bob introduced him to computers,
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then he just took off, like, crazy on them.
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[baby talk]
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We all had computers, but Aaron really took to them,
really took to the Internet.
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Working at the computer?
Nah...
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How come... mommy, why is nothing working?
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He started programming from a really young age.
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I remember the first program
that I wrote with him was in Basic,
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and it was a Star Wars trivia game.
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He sat down with me in the basement,
were the computer was,
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for hours, programming this game.
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The problem that I kept having with him is
there was nothing that I wanted done,
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and to him there was always something to do,
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always something that programming could solve.
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The way that Aaron always saw it,
is that programming is magic, right?...
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...you can accomplish these things
that normal humans can't.
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Aaron made an ATM using, like,
a Macintosh and, like, a cardboard box.
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One year for Halloween I didn't
know what I wanted to be,
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and he thought it'd be really really cool if I dressed up
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like his new favourite computer,
which at the time was the original iMac.
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I mean, he hated dressing up for Hallowen,
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but he loved convincing other people
to dress up as things that he wanted to see.
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[...] Host Aaron, stop!
Guys, come on, look at the camera! [...]
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He made this website called 'The Info',
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where people could just fill in information.
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Like, I'm sure someone out there
knows all about gold, gold leafing.
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Why don't they write about that on this website?
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And then other people could come there,
at a later point,
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and read those... read that information,
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and edit the information if they thought it was bad.
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Not too dissimilar from Wikipedia, right?
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And this was before Wikipedia begun.
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And this was developed by a 12 year old,
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in his room, by himself,
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running on this tiny server using ancient technology.
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You know, one of the teacher's response was like:
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"This is a terrible idea, you can't just, like,
let anyone author the diction..."
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"...like, author the encyclopedia."
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"The whole reason we have scholars,
is to write these book for us."
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"How did you ever had such a terrible idea?"
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And me and my other brother would be like:
"Oh, you know..."
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"...yeah, Wikipedia is cool but, you know,
we had that in our house, like, 5 years ago."
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Aaron's website 'theinfo.org'
wins a school competition,
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hosted by the
Cambridge-based webdesign firm ArsDigita.
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We all went to Cambridge for the...
when he won the ArsDigita Prize,
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and, you know, we had no clue
of what Aaron was doing.
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It was obvious that the prize was really important.
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Aaron soon became involved
with online programming communities.
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Then, in the process of shaping a new tool for the Web.
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He comes up to me and is like: "Ben,
there's a really awesome thing that I'm working on!"
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"You need to hear about it!"
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I'm like: "Yeah, what is it?"
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He says: "Is this thing called RSS!"
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And he explains me what RSS is.
And I'm like:
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"Why is that useful?
Aaron, is any site using it?
Why would I want to use it?"
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There was this mailing new list
for people who were working on RSS,
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and XML more generally; and there was
a person on it, named Aaron Swartz,
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who was combative but very smart,
and who had lots of good ideas;
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and he did never come to the face-to-face meetings;
and they said:
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"You know, when are you gonna come out
to one of those face-to-face meetings?"
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and he said: "You know, I don't think
my mom would let me, you know, I just turned 14."
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And so their first reaction was, well, you know,
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this person, this colleague,
we've been working with, all year,
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was 13 years old when we were working with him,
and is only 14 now!
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And their second reaction was:
"Christ, we really want to meet him!"
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"You know, that's extraordinary!"
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He was part of the committee that drafted RSS.
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What he was doing was
to help build the plumbing for modern hypertext,
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and the piece that he was working on, RSS,
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was a tool that you can use to get summaries
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of things that are going on in other web pages.
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And, most commonly, you would use this for a blog:
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you might have 10 or 20 people's blogs
you wanna read,
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you use their RSS feeds, these summaries
of what's going on on those other pages,
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to create a unified list of all the stuff that's going on.
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Aaron was really young,
but he understood the technology,
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and he saw that it was imperfect,
and looked for ways to help make it better.
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So his mom started bundling him on planes in
Chicago; we'd pick him up in San Francisco,
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we'd introduce him to interesting people
to argue with,
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and we marvelled at his horrific eating habits:
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he only ate white food, only like,
you know, steamed rice,
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and not fried rice,
because that wasn't sufficiently white,
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and white bread, and so on, and, you know,
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you kind of marvel at this...
the quality of the debate
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emerging from this...
what appeared to be a small boy's mouth.
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And you think, you know, this is a kid,
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is really going to go somewhere,
if he doesn't die of scurvy.
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Aaron, you're up!
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I think the difference is that now
you can't make companies like that, per-se;
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you can't have companies that just, you know:
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"Let's sell dog food over the Internet,
let's sell dog food over the cellphones!"
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But there's still lot of innovation going on,
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I think, if you don't see the innovation,
maybe your head is in the sand.
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He takes on this alpha-nerd personality,
where he's sort of like:
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"I'm smarter than you,
and because I'm smarter than you,"
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"I'm better than you, and I can tell you what to do."
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It's an extension of, like,
him being kind of, like, a twerp.
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So you aggregate all these computers together,
and now they're solving big problems,
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like searching for aliens or trying to cure cancer.
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First I met him on IRC, on Internet Relay Chat;
he didn't just write code,
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he also got people excited about
solving problems he got; he was a connector.
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The free culture movement has had a lot of his energy.
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I think Aaron was trying to make the world work.
He was trying to fix it.
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He had a very kind of strong personality,
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that definitely ruffled feathers at times,
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and it wasn't necessarily the case that
he was always confortable in the world,
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and the world wasn't always confortable with him.
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Aaron got into high school,
and was really just sick of school.
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He didn't like it,
he didn't like any of the classes he had been taught,
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he didn't like the teachers.
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And he really knew, like, how to get information.
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He was like, I don't need to go to these teachers
to learn how to do geometry.
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I can just read the geometry book.
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And I don't need to go to the teacher to learn
their version of American history.
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Like, I have, like, three historical compilations here,
like, I can just read them.
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And I'm not interested in that,
I'm interested in the Web.
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I was very frustrated with school.
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I thought, you know,
the teachers didn't know what they were talking about.
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And they were very domineering and controlling,
and homework was kind of a sham.
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And it was just like, you know,
all a way to pin students together,
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and force them to do busy work.
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And, you know,
I started reading books about the history of education,
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and how this educational system was developed,
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and, you know, alternatives to it,
in ways that people could actually learn things,
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as opposed to just regurgitating facts
that teachers told them.
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And that kind of led me down this path
of questioning things, you know?
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And once I questioned the school I was in,
I questioned the society that built the school,
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I questioned the businesses
that the schools were training people for,
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and I questioned the government that, you know,
setup this whole structure.
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One of them thing he was most passionate about
was copyright,
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especially in those early days.
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Copyright has always been something of a burden
on the publishing industry and on readers,
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but it wasn't an excessive burden.
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It was a reasonable institution to have in place,
to make sure that people got paid.
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What Aaron's generation experienced,
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was the collision
between this antique copyright system,
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and this amazing new thing we were trying to build,
the Internet and the Web.
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These things collided, and what we got was chaos.
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He then met Harward law professor Lawrence Lessig,
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who was then challenging copyright law
in the supreme court.
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A young Aaron Swartz flew to Washington
to listen to the supreme court hearings.
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I'm Aaron Swartz, and I'm here to listen to the Eldred...
to see the Eldred argument.
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Why did you fly out here from Chicago,
and come all this way to see the Eldred argument?
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That's a more difficult question.
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[...] I don't know,
I'm very excited to see the supreme court,
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especially such a prestigious case as this one.
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Lessig was also moving forward with a new way
to define copyright on the Internet;
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it was called Creative Commons.
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So the simple idea of Creative Commons is
to give people, creators,
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a simple way to mark their creativity,
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with the freedoms they intended to carry.
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So, if copyright is all about 'all rights reserved';
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then this is a kind of 'some rights reserved' model.
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It's I want a simple way to say to you:
"Here's what you can do with my work,"
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"even if there are other things which you need
to get my permission before you could do."
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And Aaron's role was the computer part,
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like how do you architect the licenses,
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so they would be simple and understandable,
and expressed in a way that machines could process it.
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And people are like:
"Why do you have this fifteen year old kid,"
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"writing the specifications for the Creative Commons?"
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Like, "Don't you think that's a huge mistake?"
221
00:14:30,900 --> 00:14:34,300
And Larry was like:
"The biggest mistake we would have,
is not listening to this kid."
222
00:14:35,400 --> 00:14:38,900
He barely is not even tall enough
to get over the podium,
223
00:14:39,100 --> 00:14:41,000
and it was this movable podium,
224
00:14:41,200 --> 00:14:45,300
so is this embarrassing thing where,
once he put his screen up, nobody could see his face.
225
00:14:45,600 --> 00:14:48,700
When you come to your... come to our website here,
226
00:14:49,000 --> 00:14:50,200
and you've got to choose licence,
227
00:14:50,600 --> 00:14:54,300
it gives you this list of options, explains what it means,
228
00:14:54,600 --> 00:14:56,900
and you've got three simple questions:
229
00:14:57,200 --> 00:14:59,300
Do you want to require attribution?
230
00:14:59,600 --> 00:15:02,300
Do you want to allow commercial uses of your work?
231
00:15:02,600 --> 00:15:05,400
Do you want to allow modifications of your work?
232
00:15:05,500 --> 00:15:07,000
I was floored;
233
00:15:07,100 --> 00:15:11,500
just completely flabbergasted
to that these adults regarded him as an adult.
234
00:15:11,700 --> 00:15:14,500
And Aaron stood up there in front of
a whole audience full of people,
235
00:15:14,700 --> 00:15:19,700
and just started talking about the platform
that he created for Creative Commons.
236
00:15:19,900 --> 00:15:22,900
And they where all listening to him, just...
237
00:15:22,950 --> 00:15:28,300
I was sitting at the back thinking:
"He's just a kid, why're listening to him?"
238
00:15:28,500 --> 00:15:29,400
But they did!
239
00:15:29,600 --> 00:15:32,100
Well, I don't think I comprehended it fully.
240
00:15:32,300 --> 00:15:36,700
Though critics have said it does little to ensure
artists get payed for their work,
241
00:15:36,900 --> 00:15:39,700
the success of Creative Commons
has been enourmous.
242
00:15:39,750 --> 00:15:41,800
Currently on the website 'Flickr' alone,
243
00:15:41,850 --> 00:15:46,400
over 200 million people use some form
of Creative Commons license.
244
00:15:46,500 --> 00:15:51,100
He contributed through his technical abilities,
245
00:15:51,300 --> 00:15:56,300
and yet it was not simply a technical matter to him.
246
00:15:57,300 --> 00:16:00,300
Aaron often wrote candidly in his personal blog:
247
00:16:01,000 --> 00:16:05,300
I think deeply about things,
and I want others to do likewise.
248
00:16:06,200 --> 00:16:10,500
I work for ideas and learn from people.
I donโt like excluding people.
249
00:16:10,700 --> 00:16:14,500
Iโm a perfectionist, but I wonโt let that get
in the way of publication.
250
00:16:14,900 --> 00:16:17,450
Except for education and entertainment,
251
00:16:17,470 --> 00:16:21,000
Iโm not going to waste my time on things
that wonโt have an impact.
252
00:16:21,100 --> 00:16:25,500
I try to be friends with everyone,
but I hate it when you donโt take me seriously.
253
00:16:26,200 --> 00:16:31,500
I donโt hold grudges (itโs not productive)
but I learn from my experience.
254
00:16:31,900 --> 00:16:37,000
I want to make the world a better place.
255
00:16:40,400 --> 00:16:45,400
In 2004, Swartz leaves Highland Park,
and enrolls in Stanford University.
256
00:16:45,700 --> 00:16:49,500
He'd had also ulcerative colitis,
which was very troubling,
257
00:16:49,700 --> 00:16:51,900
and we were concerned about him
taking his medication.
258
00:16:52,700 --> 00:16:55,900
He got hospitalized,
and he would take this cocktail pills everyday,
259
00:16:56,100 --> 00:17:00,400
and one of these pills was a steroid,
which taunted his growth, and...
260
00:17:00,450 --> 00:17:03,300
made him feel different
from any of the other students.
261
00:17:03,700 --> 00:17:06,500
Aaron, I think,
shows up at Stanford ready to scholarship,
262
00:17:06,700 --> 00:17:12,300
and finds himself in, effectively,
a babysitting program for overachieving high-schoolers,
263
00:17:12,500 --> 00:17:21,000
who, in four years, are meant to become,
you know, captains of industry and one-percenters.
264
00:17:21,200 --> 00:17:25,300
And, like, I think it just made him bananas.
265
00:17:25,500 --> 00:17:28,600
In 2005, after only one year of college,
266
00:17:28,623 --> 00:17:32,300
Swartz was offered a spot
at a new startup incubation firm, called:
267
00:17:32,350 --> 00:17:35,830
'Y-Combinator', led by Paul Graham.
268
00:17:35,983 --> 00:17:38,892
And he's like:
"Hey, I have this idea for a website!"
269
00:17:38,972 --> 00:17:41,176
And Paul Graham likes him enough,
270
00:17:41,241 --> 00:17:45,874
and says: "Yeah, sure!" And so Aaron
drops out of school, moves to this apartment.
271
00:17:45,947 --> 00:17:48,600
So this used to be Aaron's apartment
when he lived here.
272
00:17:48,652 --> 00:17:54,863
I have vague memories of my father,
telling me how difficult it was to get a lease,
273
00:17:55,401 --> 00:17:58,100
'cause Aaron had no credit,
and he dropped out of college.
274
00:17:58,201 --> 00:18:00,300
Aaron lived in what's now the living room,
275
00:18:00,354 --> 00:18:03,700
and some of the posters are left over
from when Aaron lived here,
276
00:18:04,056 --> 00:18:08,500
and in the library there are more books,
but a lot of them are Aaron's.
277
00:18:11,200 --> 00:18:17,100
Aaron's Y-Combinator site was called 'Infogami',
a tool to build websites.
278
00:18:17,176 --> 00:18:19,474
But infogami struggles to find users,
279
00:18:19,500 --> 00:18:21,678
and Swartz eventually merges his company,
280
00:18:21,729 --> 00:18:24,281
with another Y-Combinator project in need of help.
281
00:18:24,500 --> 00:18:29,400
It was a project headed by
Steve Huffman and Alexis Ohanian called 'Reddit'.
282
00:18:29,474 --> 00:18:33,380
There we were, starting from almost nothing:
no users, no money, no code,
283
00:18:33,445 --> 00:18:36,500
and growing day by day into a hugely popular website,
284
00:18:36,900 --> 00:18:38,500
and it shows no signs of letting up.
285
00:18:38,550 --> 00:18:43,300
First we had a thousand users, than 10.000,
then 20.000, and on and on, it's just incredible.
286
00:18:43,725 --> 00:18:48,907
Reddit becomes huge, and it's a real sort of
'geeky corner' of the Internet.
287
00:18:51,400 --> 00:18:56,800
There's a lot of humor, there's a lot of art,
288
00:18:57,000 --> 00:19:00,800
and there's just people who flocked to the site,
289
00:19:01,000 --> 00:19:07,200
and made that site the main site they go to,
every morning, to get their news.
290
00:19:07,300 --> 00:19:11,200
Reddit kind of just borders on chaos at some level,
291
00:19:11,250 --> 00:19:15,200
so, on the one hand, it's a place where people discuss...
292
00:19:15,300 --> 00:19:18,500
...news of the day, technology, politics and issues,
293
00:19:18,550 --> 00:19:22,600
and yet, there is a lot of kind of
'not-safe-for-work' material,
294
00:19:22,650 --> 00:19:29,500
offensive material, there're some subreddits where
'Trolls find a welcome home',
295
00:19:29,600 --> 00:19:33,500
and so, in that sense, reddit has been
kind of home to controversies as well.
296
00:19:33,600 --> 00:19:36,400
It kind of sits on the edge of chaos.
297
00:19:36,450 --> 00:19:40,350
Reddit catches the attention
of the corporate magazine giant 'Condรฉ Nast',
298
00:19:40,400 --> 00:19:42,200
who makes an offer to buy the company.
299
00:19:42,300 --> 00:19:43,400
Some large amount of money,
300
00:19:43,600 --> 00:19:46,500
large enough that my dad was getting
bugged with questions about like:
301
00:19:46,700 --> 00:19:51,000
"How do I... store... this money?"
302
00:19:51,100 --> 00:19:53,500
Interviewer: Well, like a lot of money?
Noah: Like a lot of money!
303
00:19:53,600 --> 00:19:59,900
Like... probably... more than a million dollars.
But I don't actually know.
304
00:19:59,900 --> 00:20:01,500
And he's how old at the time?
305
00:20:01,800 --> 00:20:03,400
Nineteen, twenty?
306
00:20:04,800 --> 00:20:13,200
So he was in this apartment; they are, like,
sat around on what predated this couches,
hacking on 'Reddit' and...
307
00:20:13,300 --> 00:20:18,600
when they sold reddit they had to threw a giant party,
and then all flew out to California, the next day,
308
00:20:18,650 --> 00:20:21,000
and left the keys with me.
309
00:20:23,400 --> 00:20:28,500
It was funny, you know, he just sold a startup, so we
all kind of presumed he was the richest person around,
310
00:20:28,600 --> 00:20:33,800
but he.. uh.. he said: "Oh, no, I'll take this tiny
little shoe-box-sized room, that's all I need!"
311
00:20:33,900 --> 00:20:35,903
like, it was barely larger than a closet.
312
00:20:35,903 --> 00:20:42,200
The idea of him spending his money on
fancy objects just seems so implausible.
313
00:20:42,400 --> 00:20:44,507
He explains it like: "I like living in apartments,"
314
00:20:44,543 --> 00:20:47,600
"so I'm not gonna spend lot of money on
a new place to live, I'm not gonna buy a mansion,"
315
00:20:47,838 --> 00:20:49,525
"and I like wearning jeans and t-shirt,"
316
00:20:49,540 --> 00:20:54,200
"so I'm not gonna spend any more money on clothes;
so, like, it's really no big deal."
317
00:20:54,300 --> 00:21:00,200
What is a big deal to Swartz is how traffic flows
on the Internet, and what commands our attention.
318
00:21:00,300 --> 00:21:05,100
In the old system of broadcasting,
you're fundamentally limited by the amount of
space in the airwaves, you know...
319
00:21:05,150 --> 00:21:08,800
You could only send out 10 channels
over the airwaves for televisions, right?
320
00:21:08,850 --> 00:21:12,950
Even with cable you have 500 channels;
on the Internet everybody can have a channel!
321
00:21:13,000 --> 00:21:17,500
Everyone can get a blog or a myspace page,
everyone has a way of expressing themselves.
322
00:21:17,600 --> 00:21:19,500
And so what you see now is not a question of:
323
00:21:19,600 --> 00:21:24,500
"Who gets access to the airwaves?",
it's the question of:
"Who gets control over the ways you find people?"
324
00:21:24,600 --> 00:21:29,200
You know, you start seeing power centralizing in sites
like Google, these sort of gatekeepers that tell you
325
00:21:29,200 --> 00:21:34,200
where on the Internet you want to go; the people
who provide you your sources of news and information.
326
00:21:34,300 --> 00:21:38,900
So it's not, you know, only certain people have a
license to speak, now everyone has a license to speak.
327
00:21:38,950 --> 00:21:42,000
It's a question of: "Who gets heard?"
328
00:21:44,100 --> 00:21:49,400
After he started working in San Francisco,
at Condรฉ Nast, he comes into the office,
329
00:21:49,500 --> 00:21:55,200
and they want to give him a computer with all
this crap installed on it, and say that he can't
330
00:21:55,300 --> 00:21:59,100
install any new things on this computer,
which to a developer is outrageous, right?
331
00:21:59,200 --> 00:22:01,500
From the first day he was complaining
about all this stuff.
332
00:22:05,300 --> 00:22:10,500
Gray walls, gray desks, gray noise. The first day
I showed up here, I simply couldn't take it.
333
00:22:10,600 --> 00:22:14,500
By lunch time I had literally locked myself
in a bathroom stall and started crying.
334
00:22:14,600 --> 00:22:18,300
I can't imagine staying sane with someone
buzzing in my ear all day,
335
00:22:18,350 --> 00:22:23,700
let alone getting any actual work done;
nobody else seems to get work done here either:
336
00:22:23,750 --> 00:22:26,600
everybody's always coming into our room
to hang out and chat,
337
00:22:26,650 --> 00:22:30,200
or invite us to play the new videogame system
that 'Wired' is testing.
338
00:22:32,400 --> 00:22:37,800
He really had different aspirations,
that were politically oriented,
339
00:22:37,850 --> 00:22:47,000
and Silicon valley just doesn't really quite
have that culture that orients technical activity
for the purposes of political goals.
340
00:22:47,300 --> 00:22:49,200
Aaron hated working for a corporation.
341
00:22:49,250 --> 00:22:52,800
They all hated working for Condรฉ Nast, but Aaron is,
like, the only one who is not going to take it.
342
00:22:53,000 --> 00:22:57,500
And Aaron basically got himself fired,
by not showing up to work ever.
343
00:23:00,700 --> 00:23:03,000
It was said to be a messy breakup.
344
00:23:03,200 --> 00:23:07,300
Both Alexis Ohanian and Steve Huffman
declined to be interviewed for this film.
345
00:23:09,100 --> 00:23:11,300
He rejected the business world.
346
00:23:11,900 --> 00:23:15,800
One of the really important things to remember about
347
00:23:16,000 --> 00:23:19,500
that choice when Aaron decided
to kind of leave the startup culture,
348
00:23:19,600 --> 00:23:24,900
is that he was also leaving behind
the things that had made him...
349
00:23:24,950 --> 00:23:31,100
famous, and well loved and, you know,
he was at risk of letting down fans.
350
00:23:31,300 --> 00:23:33,600
He got to where he was supposed to be going,
351
00:23:33,800 --> 00:23:39,200
and had the self-awareness
and the orneriness to realise...
352
00:23:39,400 --> 00:23:43,300
that he had climbed that mountain of shit
to pluck a single rose,
353
00:23:43,400 --> 00:23:45,200
and discover that he lost his sense of smell;
354
00:23:45,400 --> 00:23:49,800
and, rather than sit there,
and insist that it wasn't as bad as it seemed,
355
00:23:50,200 --> 00:23:57,700
- and he did get the rose in any event -
he climbed back down again; which is pretty cool!
356
00:23:57,750 --> 00:24:01,300
The way that Aaron always thought
is that programming is magic, right?
357
00:24:01,500 --> 00:24:06,100
You can accomplish these things that
normal humans can't, by being able to program.
358
00:24:06,400 --> 00:24:13,500
So, if you had magical powers, would you use them
for good, or to make you mountains of cash?
359
00:24:14,700 --> 00:24:18,200
Swartz was inspired by
one of the visionaries he had met as a child,
360
00:24:18,400 --> 00:24:21,700
the man who had invented the World Wide Web:
Tim Berners-Lee.
361
00:24:22,300 --> 00:24:28,700
In the 1990s Berners-Lee was arguably sitting on one
of the most lucrative inventions of the 20th century,
362
00:24:28,900 --> 00:24:32,300
but instead of profiting
from the invention of the World Wide Web,
363
00:24:32,500 --> 00:24:35,000
he gave it away for free.
364
00:24:35,300 --> 00:24:39,400
It is the only reason the World Wide Web exists today.
365
00:24:40,700 --> 00:24:44,700
Aaron is certainly deeply influenced by Tim.
366
00:24:44,750 --> 00:24:51,100
Tim is certainly a very prominent early Internet
genious who doesn't in any sense cash-out.
367
00:24:51,300 --> 00:24:55,500
Is not at all interested in how he's going to
figure out how to make a billion dollars.
368
00:24:55,600 --> 00:24:57,300
People would have seen:
"Oh, there's money to be made there!"
369
00:24:57,500 --> 00:25:00,700
So there would have been lots of 'little webs',
instead of one 'big one'.
370
00:25:00,900 --> 00:25:04,100
And one little web... lots of little webs, doesn't work,
371
00:25:04,300 --> 00:25:07,000
because you can't follow links from one to the other.
372
00:25:09,300 --> 00:25:13,200
Now you had to have the critical mass
that this thing was in the entire planet,
373
00:25:13,400 --> 00:25:17,800
so is not gonna work unless
the whole planet can get onboard.
374
00:25:21,900 --> 00:25:28,200
I mean, I, you know, feel very strongly that
it's not enough to just live in the world as it is,
375
00:25:28,400 --> 00:25:33,100
to just, kind of, take what you're given and, you know,
follow the things that adults told you to do,
376
00:25:33,300 --> 00:25:37,000
and, you know, your parents told you to do,
and that society tells you to do.
377
00:25:37,200 --> 00:25:40,800
I think you should always be questioning, you know?
I take this very scientific attitude,
378
00:25:41,000 --> 00:25:42,500
that everything you've learned is just provisional;
379
00:25:42,600 --> 00:25:46,400
that, you know, it's always open
to recantation or refutation or questioning.
380
00:25:46,600 --> 00:25:49,100
And I think the same applies to society.
381
00:25:49,300 --> 00:25:51,900
Once I realised that there where real serious problems,
382
00:25:52,100 --> 00:25:54,600
fundamental problems,
that I could do something to address,
383
00:25:54,800 --> 00:25:58,100
I didn't see a way to forget that,
I didn't see a way not to.
384
00:26:01,900 --> 00:26:06,100
We just started spending a lot of time,
just kind of as friends.
385
00:26:08,500 --> 00:26:11,000
We would just talk for hours into the night.
386
00:26:14,000 --> 00:26:16,900
I definetely should have understood
that he was flirting with me.
387
00:26:17,100 --> 00:26:19,000
I think just to some degree I was like:
388
00:26:19,100 --> 00:26:24,000
"This is a terrible idea, and impossible,
and therefore I will pretend it is not happening."
389
00:26:24,900 --> 00:26:28,900
As my marriage was breaking down,
and I was really stuck without anywhere to go,
390
00:26:29,100 --> 00:26:32,200
we became roommates and brought my daughter over.
391
00:26:33,900 --> 00:26:38,900
We moved in and furnish the house...
and it was really peaceful, like,
my life had not been peaceful for a while,
392
00:26:39,000 --> 00:26:40,500
and really neither had his.
393
00:26:45,700 --> 00:26:53,300
We were extremely close,
from the beginning of our romantic relationship.
394
00:26:53,400 --> 00:26:56,700
We just... we were in constant contact.
395
00:26:57,200 --> 00:27:03,000
But we were both...
really difficult people to deal with. [laughs]
396
00:27:04,420 --> 00:27:06,800
In a very Ally McBeal discussion,
397
00:27:06,900 --> 00:27:10,400
he confessed he had a theme song,
and I made him play it for me.
398
00:27:11,900 --> 00:27:14,600
It was 'Extraordinary Machine' by Fiona Apple.
399
00:27:16,300 --> 00:27:21,600
I think it was just that sense of, kind of,
being a little bit embattled,
400
00:27:21,700 --> 00:27:28,100
that the song has, umm...
and it also had, like, this hopefulness too.
401
00:27:36,100 --> 00:27:41,700
'Cause, in many ways,
Aaron was tremendously optimistic about life.
402
00:27:41,750 --> 00:27:43,700
Even when he didn't feel it,
403
00:27:44,300 --> 00:27:46,500
he could be tremendously optimistic about life.
404
00:27:52,500 --> 00:27:57,400
Aaron: Hey, what are you doing?
Quinn: Flickr has video now... [laughs]
405
00:27:58,700 --> 00:28:04,500
Swartz threw his energy into a string of new projects,
involving access to public information,
406
00:28:04,600 --> 00:28:08,300
including an accountability website, called:
'watchdog.net',
407
00:28:08,350 --> 00:28:10,500
and a project called the 'Open Library'.
408
00:28:10,500 --> 00:28:13,100
So the open library project is a website,
409
00:28:13,150 --> 00:28:17,000
you can visit it at 'openlibrary.org',
and the idea is to be a huge wiki,
410
00:28:17,050 --> 00:28:19,620
an editable website with one page per book.
411
00:28:19,762 --> 00:28:23,300
So for every book ever published,
you wanna have a webpage about it
412
00:28:23,300 --> 00:28:25,531
that combines all the information from publishers,
413
00:28:25,566 --> 00:28:28,784
from book sellers, from libraries, from readers,
414
00:28:29,010 --> 00:28:32,000
under one site,
and then gives you links so you can buy it,
415
00:28:32,050 --> 00:28:34,300
you can borrow it or you can browse it.
416
00:28:34,340 --> 00:28:36,873
I love libraries, you know,
I'm the kind of person who goes
417
00:28:36,900 --> 00:28:39,300
to a new city and immediately seeks out the library.
418
00:28:39,400 --> 00:28:42,322
That's the dream of the Open library,
is building this website
419
00:28:42,348 --> 00:28:45,691
where both you can leap from book to book,
from person to author,
420
00:28:45,720 --> 00:28:49,842
from subject to idea;
you go through this vast tree of knowledge
421
00:28:49,895 --> 00:28:52,300
that's has been embedded and lost
in big physical libraries,
422
00:28:52,400 --> 00:28:55,344
that's hard to find,
that's not very well accessible online;
423
00:28:55,380 --> 00:28:58,286
it's really important,
because books are our cultural legacy,
424
00:28:58,686 --> 00:29:00,926
you know, books are the place people go
to write things down,
425
00:29:01,000 --> 00:29:03,788
and to have all that swallowed up by one corporation,
426
00:29:04,393 --> 00:29:05,922
it's kind of scary.
427
00:29:06,571 --> 00:29:10,437
How can you bring public access to the public domain?
428
00:29:10,480 --> 00:29:14,473
It may sound obvious,
that you'd have public access to public domain,
429
00:29:14,526 --> 00:29:19,110
but in fact is not true;
so the public domain should be free to all,
430
00:29:19,370 --> 00:29:21,000
but it's often locked up!
431
00:29:21,095 --> 00:29:25,200
There's often, you know, guard cages, it's...
it's like having a national park,
432
00:29:25,300 --> 00:29:28,793
but with a moat around it,
and gun turrets pointed to out,
433
00:29:28,820 --> 00:29:32,633
in case somebody might want actually
come and enjoy the public domain.
434
00:29:32,722 --> 00:29:35,900
One of the things Aaron was particularly interested in,
435
00:29:35,950 --> 00:29:39,006
was bringing public access to the public domain.
436
00:29:39,068 --> 00:29:42,500
This is one of the things
that got him into so much trouble.
437
00:29:45,806 --> 00:29:51,940
I had been trying to get access to
federal court records in the United States.
438
00:29:54,100 --> 00:29:58,606
What I discovered was a puzzling system called:
'PACER',
439
00:29:58,740 --> 00:30:02,588
which stands for:
'Public Access to Court Electronic Records'.
440
00:30:02,748 --> 00:30:07,200
I started googling,
and that's when I ran across Carl Malamud.
441
00:30:08,535 --> 00:30:14,597
Access to legal materials in the United States
is a 10 billion dollar-per-year business.
442
00:30:14,704 --> 00:30:19,797
PACER is just this incredible abomination
of government service.
443
00:30:19,800 --> 00:30:25,033
It's 10 cents a page,
it's this most brain-dead code you've ever seen,
444
00:30:25,077 --> 00:30:29,200
you can't search it, you can't bookmark anything,
you got to have a credit card.
445
00:30:29,300 --> 00:30:33,100
And these are public records, it's, you know,
US district courts are very important,
446
00:30:33,150 --> 00:30:38,100
it's where a lot of our... our seminal litigations starts,
you know, civil right cases,
447
00:30:38,135 --> 00:30:42,200
patent cases, all sort of stuff...
and journalists, and students,
448
00:30:42,300 --> 00:30:48,200
and citizens, and lawyers, all need access to PACER,
and it fights 'em, every step of the way.
449
00:30:48,251 --> 00:30:51,557
People without means can't see the law,
450
00:30:51,593 --> 00:30:54,740
as readily as people that have
that gold American express card.
451
00:30:54,793 --> 00:30:57,500
It's a poll tax on access to justice.
452
00:30:57,500 --> 00:31:04,500
You know, the Law is the operating system
of our democracy, and you have to pay to see it?
453
00:31:04,600 --> 00:31:06,864
You know, that's not much of a democracy.
454
00:31:06,890 --> 00:31:11,664
They make about a 120 million dollars a year
on the PACER system,
455
00:31:11,682 --> 00:31:16,400
and it doesn't cost anything near that,
according to their own records.
456
00:31:16,430 --> 00:31:18,064
In fact, it's illegal!
457
00:31:18,606 --> 00:31:23,664
The 'e-Government Act' of 2002 states
that the courts may charge
458
00:31:23,708 --> 00:31:30,400
only to the extent necessary
in order to reimburse the costs of running PACER.
459
00:31:34,320 --> 00:31:37,086
As the founder of 'public.resource.org',
460
00:31:37,166 --> 00:31:40,108
Malamud wanted to protest the PACER charges.
461
00:31:40,230 --> 00:31:43,486
He started a programme called:
'The PACER Recycling Project',
462
00:31:43,726 --> 00:31:47,140
where people could upload
PACER documents they had already paid for,
463
00:31:47,335 --> 00:31:49,620
to a free database, so others could use them.
464
00:31:49,753 --> 00:31:52,820
The PACER people were getting
a lot of flak from congress
465
00:31:52,860 --> 00:31:56,393
and others about public access,
and so they put together a system
466
00:31:56,411 --> 00:32:01,400
in 17 libraries accross the country,
where was free PACER access.
467
00:32:01,500 --> 00:32:05,575
You know, that's 1 library
every 22,000 square miles, I believe.
468
00:32:05,602 --> 00:32:07,400
So, it wasn't, like, really convenient.
469
00:32:07,735 --> 00:32:11,291
I encouraged volunteers to join the so called:
'ThumbDrive Corps',
470
00:32:11,780 --> 00:32:16,482
and download docs from the public access libraries,
and upload them to the PACER recycling site.
471
00:32:16,740 --> 00:32:18,971
So, people take a ThumbDrive
into one of these libraries,
472
00:32:18,980 --> 00:32:21,726
and they download a bunch of documents,
and they send them to me.
473
00:32:22,722 --> 00:32:24,553
And, nothing... I mean, it was just a joke!
474
00:32:24,588 --> 00:32:28,251
In fact, when you click on ThumbDrive Corps,
there was a 'Widard of Oz'...
475
00:32:28,304 --> 00:32:31,400
...you know,
the Munchkins singing videoclip came up.
476
00:32:34,988 --> 00:32:38,340
But, of course, I get this phone call
from Steve Schultze and Aaron,
477
00:32:38,340 --> 00:32:42,400
saying:
"Geez! We'd like to join the Thumbdrive Corps."
478
00:32:43,140 --> 00:32:47,166
Around that time, I ran into Aaron at a conference.
479
00:32:47,190 --> 00:32:51,246
This is something that really has to be
a collaboration between a lot of different people.
480
00:32:51,300 --> 00:32:53,006
So, I approached him and I said:
481
00:32:53,050 --> 00:32:57,810
"Hey, I am thinking about an intervention
on the PACER problem."
482
00:32:59,700 --> 00:33:01,780
Schultze had already developed a program,
483
00:33:01,824 --> 00:33:05,611
that could automatically download
PACER documents from the trial libraries.
484
00:33:06,200 --> 00:33:08,162
Swartz wanted to take a look.
485
00:33:08,357 --> 00:33:13,353
So I showed him the code, and...
I didn't know what would come next.
486
00:33:13,433 --> 00:33:18,642
But, as it turns out, over the course
of the next few hours of that conference,
487
00:33:18,677 --> 00:33:21,771
he was off-sitting in the corner, improving my code,
488
00:33:21,797 --> 00:33:26,215
recruiting a friend of his,
that lived near one of these libraries,
489
00:33:26,260 --> 00:33:31,353
to go into the library and
to begin to test his improved code.
490
00:33:31,780 --> 00:33:37,993
At which point the folks at the courts realized:
"Something is not going quite according to plan."
491
00:33:38,037 --> 00:33:42,011
And data started to come in...
and come in... and come in...
492
00:33:42,055 --> 00:33:47,200
and soon there were 760 GigaBytes of PACER docs,
about 20 million pages.
493
00:33:48,440 --> 00:33:51,655
Using informations retrieved from the trial libraries,
494
00:33:51,682 --> 00:33:56,830
Swartz was conducting massive
automated parallel downloading of the PACER system.
495
00:33:56,988 --> 00:34:01,200
He was able to acquire
nearly 2.7 million federal court documents.
496
00:34:01,300 --> 00:34:03,975
Almost 20 million pages of text.
497
00:34:04,020 --> 00:34:07,184
Now, I'll grant you that 20 million pages had perhaps
498
00:34:07,230 --> 00:34:11,504
exceeded the expectations
of the people running the pilot access project,
499
00:34:11,584 --> 00:34:14,200
but surprising a beaurocrat isn't illegal.
500
00:34:14,562 --> 00:34:19,200
Aaron and Carl decided to go talk
to the New York Times about what happened.
501
00:34:19,770 --> 00:34:22,437
They also caught the attention of the FBI,
502
00:34:22,650 --> 00:34:26,011
who began to stakeout Swartz's parents house
in Illinois.
503
00:34:26,270 --> 00:34:30,704
And I get a tweet from his mother, saying: "Call me!"
504
00:34:30,802 --> 00:34:33,220
So I thought: "What the hell is going on here?"
505
00:34:33,270 --> 00:34:36,260
And so I finally got a hold of Aaron and, you know,
506
00:34:36,340 --> 00:34:39,264
Aaron's mother was like: "Oh my god, FBI! FBI! FBI!"
507
00:34:39,851 --> 00:34:45,833
An FBI agent drives down our home's driveway,
trying to see if Aaron is, like, in his room.
508
00:34:47,200 --> 00:34:48,900
And I remember being home that day,
509
00:34:48,950 --> 00:34:52,944
and wondering why this car was driving down
our driveway, and just driving back out.
510
00:34:53,000 --> 00:34:55,200
I was like: "That's weird!"
511
00:34:56,200 --> 00:34:59,237
Like, 5 years later, I read this FBI file and I'm like:
512
00:34:59,291 --> 00:35:00,530
"Oh, my goodness!"
513
00:35:01,203 --> 00:35:02,853
That was the FBI agent,
514
00:35:03,908 --> 00:35:04,892
in my driveway.
515
00:35:05,118 --> 00:35:07,775
He was terrified. He was totally terrified.
516
00:35:09,417 --> 00:35:13,323
He was way more terrified after the FBI, actually,
517
00:35:13,596 --> 00:35:16,340
called him up on the phone,
and tried to sucker him into...
518
00:35:16,340 --> 00:35:18,297
coming down to a coffee shop without a lawyer.
519
00:35:18,740 --> 00:35:21,492
He said he went home and laid down on the bed,
520
00:35:21,492 --> 00:35:23,490
and, you know, was shaking.
521
00:35:25,320 --> 00:35:27,450
The downloading also uncovered massive
522
00:35:27,492 --> 00:35:29,841
privacy violations in the court documents.
523
00:35:30,090 --> 00:35:33,794
Ultimately, the courts were forced
to change their policies as a result.
524
00:35:34,852 --> 00:35:38,575
And the FBI closed their investigation,
without bringing charges.
525
00:35:39,328 --> 00:35:42,768
To this day I find it remarkable that anybody,
526
00:35:42,960 --> 00:35:46,707
even at the most remote
podunk field office of the FBI,
527
00:35:47,017 --> 00:35:49,361
thought that a fitting use for taxpayer dollars
528
00:35:49,502 --> 00:35:52,749
was investigating people for criminal theft
529
00:35:52,824 --> 00:35:55,281
on the grounds that they had made the law public.
530
00:35:55,441 --> 00:35:57,652
How can you call yourself a lawman,
531
00:35:57,991 --> 00:36:01,403
and think that there can possibly be
anything wrong in this whole world
532
00:36:01,582 --> 00:36:03,187
with making the law public?
533
00:36:03,436 --> 00:36:05,963
Aaron was willing to put himself at risk
534
00:36:06,147 --> 00:36:08,500
for the causes that he believed in.
535
00:36:09,276 --> 00:36:11,036
Bothered by wealth disparity,
536
00:36:11,257 --> 00:36:13,140
Swartz moves beyond technology
537
00:36:13,168 --> 00:36:15,685
into a broader range of political causes.
538
00:36:15,925 --> 00:36:18,438
I went into congress, and I invited him to
539
00:36:18,523 --> 00:36:21,125
come and hangout and intern for us for a while,
540
00:36:21,412 --> 00:36:24,735
so that he could learn, you know, the political process.
541
00:36:25,003 --> 00:36:27,516
He was sort of learning about a new community,
542
00:36:27,525 --> 00:36:28,565
a new set of skills,
543
00:36:28,900 --> 00:36:30,820
and kind of learning to hack politics.
544
00:36:31,205 --> 00:36:33,000
It seems ridiculous that miners
545
00:36:33,050 --> 00:36:36,123
should have to hammer away
until they whole bodies are dripping with sweat,
546
00:36:36,401 --> 00:36:38,584
faced with the knowledge that if they dared to stop,
547
00:36:38,603 --> 00:36:40,580
they won't be able to put food on the table that night,
548
00:36:41,069 --> 00:36:43,615
while I get to make
larger and larger amounts of money each day,
549
00:36:43,629 --> 00:36:45,163
just by sitting and watching TV.
550
00:36:46,292 --> 00:36:48,321
But apparently the world is ridiculous.
551
00:36:49,000 --> 00:36:50,942
So, I co-founded a group called:
552
00:36:50,961 --> 00:36:52,777
'the Progressive Change Campaign Committee',
553
00:36:52,829 --> 00:36:55,845
and what we're trying to do,
is we're trying to organise people over the Internet,
554
00:36:55,845 --> 00:36:57,830
who care about progressive politics,
555
00:36:57,836 --> 00:36:59,800
and moving the country
in a more progressive direction,
556
00:36:59,996 --> 00:37:01,324
to kind of come together,
557
00:37:01,500 --> 00:37:03,068
join our e-mail list, join our campaign,
558
00:37:03,070 --> 00:37:05,828
and help get progressive candidates elected,
all across the country.
559
00:37:05,972 --> 00:37:08,964
The group is responsible
for igniting the grassroots efforts
560
00:37:08,970 --> 00:37:12,316
behind the campaign to elect Elizabeth Warren
to the Senate.
561
00:37:12,732 --> 00:37:14,600
He might have thought it was a dumb system,
562
00:37:14,650 --> 00:37:17,212
but he came in and he said:
"I need to learn this system,"
563
00:37:17,388 --> 00:37:20,692
"because it can be manipulated, like any,
you know, like any social system."
564
00:37:21,188 --> 00:37:23,548
But his passion for knowledge and libraries
565
00:37:23,604 --> 00:37:24,972
didn't take a back seat.
566
00:37:25,444 --> 00:37:26,970
Aaron began to take a closer look
567
00:37:26,996 --> 00:37:30,188
at institutions that publish academic journal articles.
568
00:37:30,948 --> 00:37:33,644
By a virtue of being students at a major US univerity,
569
00:37:33,652 --> 00:37:37,620
I assume that you have access
to a wide variety of scholarly journals.
570
00:37:38,084 --> 00:37:40,860
Pretty much every major university
in the United States,
571
00:37:40,900 --> 00:37:42,508
pays these sort of licencing fees
572
00:37:42,532 --> 00:37:45,772
to organizations like JSTOR and Thomson ISI,
573
00:37:46,196 --> 00:37:48,756
to get access to scholarly journals that
574
00:37:48,796 --> 00:37:50,340
the rest of the world can't read.
575
00:37:50,660 --> 00:37:52,764
These scholarly journals and articles,
576
00:37:52,948 --> 00:37:56,940
are essentially the entire wealth
of human knowledge online.
577
00:37:56,988 --> 00:37:59,748
And many had been payed for with taxpayer money,
578
00:37:59,996 --> 00:38:01,740
or with government grants.
579
00:38:02,180 --> 00:38:04,652
But to read them you often have to pay again,
580
00:38:04,830 --> 00:38:08,180
handing over steep fees to publishers like:
Reed-Elsevier.
581
00:38:08,530 --> 00:38:10,748
These licensing fees are so substantial that
582
00:38:10,852 --> 00:38:12,690
people who are studying in India,
583
00:38:12,695 --> 00:38:14,492
instead of studying in the United States,
584
00:38:14,804 --> 00:38:16,404
don't have this kind of access.
585
00:38:16,580 --> 00:38:18,796
They're left out from all of these journals.
586
00:38:19,172 --> 00:38:22,404
They're left out from our entire scientific legacy.
587
00:38:22,692 --> 00:38:25,948
I mean, a lot of these journal articles,
they go back to the enlightenment.
588
00:38:26,500 --> 00:38:29,300
Everytime someone
has written down a scientific paper,
589
00:38:29,310 --> 00:38:31,900
it has been scanned,
digitized and put in these collections,
590
00:38:32,548 --> 00:38:35,268
that is a legacy that has been brought to us
591
00:38:35,468 --> 00:38:38,132
by the history of people doing interesting work.
592
00:38:38,164 --> 00:38:39,372
The history of scientists.
593
00:38:39,468 --> 00:38:42,836
It's a legacy that should belong to us as a common,
as a people,
594
00:38:43,092 --> 00:38:45,604
but instead, it's been locked-out and put online
595
00:38:45,610 --> 00:38:48,148
by an handful of for-profit corporations,
596
00:38:48,316 --> 00:38:51,036
who then try and get
the maximum profit they can out of it.
597
00:38:53,076 --> 00:38:56,988
So, a researcher paid by the University or the people,
598
00:38:57,388 --> 00:39:00,716
publishes a paper,
and in the very very last step of that process,
599
00:39:00,740 --> 00:39:03,180
after all the work is done,
after that all the original research is done,
600
00:39:03,190 --> 00:39:05,556
the thinking, the lab work, the analysis,
601
00:39:05,564 --> 00:39:07,932
after everything is done, at that last stage,
602
00:39:08,188 --> 00:39:11,444
then the researcher has to handover
his or her copyright
603
00:39:11,460 --> 00:39:13,440
to this multi-billion dollar company.
604
00:39:14,084 --> 00:39:14,980
And it's sick!
605
00:39:15,100 --> 00:39:17,564
It's an entire economy built on volunteer labour.
606
00:39:17,916 --> 00:39:20,708
And then the publishers stay at the very top
and scrape off the cream.
607
00:39:21,444 --> 00:39:23,404
Talk about a scam!
608
00:39:23,676 --> 00:39:28,636
One publisher in Britain made a profit of
3 billion dollars last year.
609
00:39:28,676 --> 00:39:29,884
I mean, what a racket!
610
00:39:30,172 --> 00:39:33,644
JSTOR is just a very very small player in that story,
611
00:39:33,676 --> 00:39:38,244
but, for some reason,
JSTOR is the player that Aaron decided to confront.
612
00:39:41,316 --> 00:39:44,000
He'd gone to some conference
around Open Access and Open Publishing,
613
00:39:44,084 --> 00:39:46,052
and I don't know who the person from JSTOR was,
614
00:39:46,076 --> 00:39:49,220
but I think they...
at some point Aaron asked the question, like:
615
00:39:49,796 --> 00:39:52,748
"How much would it cost
to open up JSTOR in perpetuity?"
616
00:39:54,068 --> 00:39:57,764
and they gave some... I think is 200 million dollars.
617
00:39:57,770 --> 00:39:59,760
Something that Aaron thought was totally ridiculous.
618
00:40:00,668 --> 00:40:02,588
Working on a fellowship at Harward,
619
00:40:02,660 --> 00:40:07,092
he knew users on MIT's
famously open and fast network next door,
620
00:40:07,252 --> 00:40:10,028
had authorized access to the riches of JSTOR.
621
00:40:10,092 --> 00:40:12,020
Swartz saw an opportunity.
622
00:40:12,124 --> 00:40:14,020
You have a key to those gates;
623
00:40:14,100 --> 00:40:17,028
and, with a little bit of shellscript magic,
624
00:40:17,588 --> 00:40:19,564
you can get those journal articles.
625
00:40:20,724 --> 00:40:23,276
On September 24th 2010,
626
00:40:23,452 --> 00:40:26,812
Swartz registered a newly purchased Acer laptop
627
00:40:26,836 --> 00:40:30,244
on the MIT network, under the name Gary Host.
628
00:40:30,788 --> 00:40:33,948
The client name was registered as 'ghost_laptop'.
629
00:40:35,244 --> 00:40:38,356
He doesn't hack JSTOR
in the traditional sense of hacking;
630
00:40:38,420 --> 00:40:40,156
the JSTOR database was organised,
631
00:40:40,164 --> 00:40:41,788
so it was completely trivial to figure out
632
00:40:41,790 --> 00:40:44,140
how you could download all the articles in JSTOR,
633
00:40:44,164 --> 00:40:45,260
because those are basically numbers!
634
00:40:45,290 --> 00:40:48,060
It was basically, you know, '/' '/' '/', number article:
635
00:40:48,108 --> 00:40:52,330
444024, and... 25, and... 26!
636
00:40:52,340 --> 00:40:55,092
He wrote a python script called โkeepgrabbing.pyโ,
637
00:40:55,116 --> 00:40:57,772
which was, like, keep grabbing one article after another.
638
00:40:58,425 --> 00:41:01,525
The next day ghost_laptop begins grabbing articles.
639
00:41:01,720 --> 00:41:05,100
But, soon, the computer's IP address is blocked.
640
00:41:05,420 --> 00:41:08,100
For Swartz is barely a bump in the road:
641
00:41:08,120 --> 00:41:11,125
he quickly reassigns his computer IP address,
642
00:41:11,125 --> 00:41:13,120
and keeps downloading.
643
00:41:13,120 --> 00:41:17,325
Well, JSTOR and MIT take a number of steps
to try and interfere with this,
644
00:41:17,330 --> 00:41:19,225
when they noticed that this was happening.
645
00:41:19,230 --> 00:41:22,625
And when the more modest steps
don't work in a certain stage they...
646
00:41:22,630 --> 00:41:26,625
JSTOR just cuts off MIT
from having access to the JSTOR database.
647
00:41:26,630 --> 00:41:33,175
So, this is a kind of cat-mouse game,
around getting access to the JSTOR database.
648
00:41:33,180 --> 00:41:35,525
Aaron, ultimately, obviously, is the cat,
649
00:41:35,530 --> 00:41:41,775
because he has more technical capabilities than
the JSTOR database people doing... defending them.
650
00:41:42,375 --> 00:41:46,465
Eventually, there was an unlocked supply closet
in the basement of one of the buildings,
651
00:41:46,470 --> 00:41:48,215
and he went, instead of going through WiFi,
652
00:41:48,220 --> 00:41:50,715
he went down there and he just
plugged this computer directly into the network,
653
00:41:50,720 --> 00:41:55,575
and just left it there with an external hard drive,
dowloading these articles to the computer.
654
00:41:56,325 --> 00:42:01,600
Unkown to Swartz, his laptop and hard drive
had been found by authorities.
655
00:42:02,850 --> 00:42:08,025
They didn't stop the downloads;
instead, they installed a surveillance camera.
656
00:42:09,900 --> 00:42:14,370
They found that computer in this room
in the basement of an MIT building.
657
00:42:14,375 --> 00:42:18,440
They could have unplugged it,
they could have waited for the guy to come back,
658
00:42:18,450 --> 00:42:23,340
and say: "Dude, what are you doing?",
you know: "Cut it out. Who are you?"
659
00:42:23,350 --> 00:42:25,340
And they could have done all that kind of stuff,
but they didn't!
660
00:42:25,350 --> 00:42:29,605
What they wanted to do was
film it to gather evidence to make a case.
661
00:42:29,620 --> 00:42:32,525
That's the only reason you film something like that.
662
00:42:37,800 --> 00:42:41,275
At first, the only person caught
on the glitchy surveillance camera,
663
00:42:41,350 --> 00:42:44,975
was using the closet
as a place to store bottles and cans.
664
00:42:52,800 --> 00:42:55,725
But days later, it caught Swartz.
665
00:43:05,250 --> 00:43:10,915
Swartz is replacing a hard drive;
he takes it out of his backpack,
666
00:43:10,920 --> 00:43:15,450
leans out of frame for about 5 minutes,
and then leaves.
667
00:43:36,725 --> 00:43:41,850
And then they, like, organise, like, a stakeout,
whereas he was biking home from MIT.
668
00:43:42,025 --> 00:43:46,100
These cops came out from, like, either side of the road,
or something like that, and started going after him.
669
00:43:49,075 --> 00:43:54,700
He describes that he was pressed down and
assaulted by the police.
670
00:43:54,700 --> 00:43:57,500
He tells me that they...
it's unclear if they were police,
671
00:43:57,510 --> 00:44:01,800
that were after him;
he thought that someone was trying to attack him.
672
00:44:01,850 --> 00:44:04,050
He does tell me they beat him up.
673
00:44:07,850 --> 00:44:09,200
I was just devastated.
674
00:44:09,225 --> 00:44:14,500
The notion of any kind of criminal prosecution
of anyone in our family or anything,
675
00:44:14,500 --> 00:44:17,875
was so foreign and uncomprehensible,
I didn't know what to do.
676
00:44:17,950 --> 00:44:21,015
Well, they executed search warrants at Aaron's house,
677
00:44:21,020 --> 00:44:24,475
his apartment in Cambridge, and his office at Harward.
678
00:44:27,370 --> 00:44:33,325
Two days before the arrest, the investigation had
gone beyond JSTOR and the local Cambridge police.
679
00:44:33,475 --> 00:44:36,850
They had been taken over
by the United States secret service.
680
00:44:37,250 --> 00:44:42,100
The secret service began investigating
computer and credit card fraud in 1984,
681
00:44:42,300 --> 00:44:46,300
but 6 weeks after the attack on 9/11,
their role expanded.
682
00:44:48,575 --> 00:44:50,625
President Bush used the 'Patriot Act',
683
00:44:50,775 --> 00:44:55,050
to establish a network of what they called:
'Electronic Crimes Task Forces'.
684
00:44:56,275 --> 00:45:01,200
The bill before me takes account of the new realities
and dangers posed by modern terrorists.
685
00:45:01,300 --> 00:45:06,565
According to the secret service, they are primarily
engaged in activities with economic impact,
686
00:45:06,570 --> 00:45:11,100
organized criminal groups,
or use of schemes involving new technology.
687
00:45:11,400 --> 00:45:15,900
The secret service turns Swartz's case over
to the Boston US attorney's office.
688
00:45:15,900 --> 00:45:17,615
There was a guy in the US attorney's office,
689
00:45:17,620 --> 00:45:21,875
who had the title:
'Head of the computer crimes' division or task force.
690
00:45:22,000 --> 00:45:24,215
I don't know what else he had going,
691
00:45:24,220 --> 00:45:27,090
but you're certainly not much
of a computer crimes prosecutor,
692
00:45:27,100 --> 00:45:31,065
without a computer crime to prosecute;
so he jumped on it.
693
00:45:31,070 --> 00:45:34,845
Kept it for himself, didn't assign it
to someone else within the office, or the unit;
694
00:45:34,850 --> 00:45:36,715
and that's Stephen Heymann.
695
00:45:36,720 --> 00:45:41,350
Prosecutor Stephen Heymann has been largerly
out of public view since the arrest of Aaron Swartz.
696
00:45:41,700 --> 00:45:46,265
But he can be seen here, in an episode
of the television show 'American Greed',
697
00:45:46,270 --> 00:45:48,340
filmed around the time of Aaron's arrest.
698
00:45:48,350 --> 00:45:53,125
He is describing his previous case,
against the notorious hacker Alberto Gonzalez,
699
00:45:53,225 --> 00:45:56,740
a case that garnered Heymann
enourmous press attention and accolades.
700
00:45:56,750 --> 00:46:01,725
Gonzalez masterminded the theft of over
a hundred million credit card and ATM numbers,
701
00:46:01,775 --> 00:46:04,025
the largest such fraud in history.
702
00:46:04,175 --> 00:46:09,375
Here Heymann, describing Gonzalez,
gives his view on the hacker mindset.
703
00:46:09,900 --> 00:46:15,825
These guys are driven by a lot of the same things
that we're driven by:
704
00:46:15,975 --> 00:46:21,940
they have an ego, they like challenge,
and, of course, they like money,
705
00:46:21,950 --> 00:46:24,575
and everything you can get from money.
706
00:46:24,775 --> 00:46:27,365
One of the suspects implicated in the Gonzalez case,
707
00:46:27,370 --> 00:46:29,700
was a young hacker named Jonathan James.
708
00:46:29,710 --> 00:46:32,815
Believing Gonzalez's crimes would be pinned on him,
709
00:46:32,820 --> 00:46:35,725
James committed suicide during the investigation.
710
00:46:36,425 --> 00:46:40,800
In an early press release describing
the government's position in the case of Aaron Swartz,
711
00:46:40,950 --> 00:46:45,975
Heymann's boss, US attorney for the disctrict
of Massachusetts, Carmen Ortiz, said this:
712
00:46:52,800 --> 00:46:55,800
It's not true. It's obviously not true.
713
00:46:56,100 --> 00:46:58,490
I'm not saying it's harmless,
714
00:46:58,500 --> 00:47:05,175
and I'm not saying that we shouldn't
criminalise stealing of information,
715
00:47:05,800 --> 00:47:09,275
but you gotta be much more subtle
in trying to figure out
716
00:47:09,275 --> 00:47:13,375
exactly which kind of harms are harmful here.
717
00:47:14,650 --> 00:47:16,225
So, the thing about a crowbar is,
718
00:47:16,248 --> 00:47:18,442
everytime I brake into a place with a crowbar,
719
00:47:18,500 --> 00:47:20,408
I do damage, there's no doubt about it.
720
00:47:21,688 --> 00:47:23,071
But when Aaron writes a script
721
00:47:23,080 --> 00:47:26,751
that says: 'download, download, download'
hundreds times at a second,
722
00:47:27,860 --> 00:47:30,042
there's no obvious damage, to anybody.
723
00:47:30,648 --> 00:47:33,162
If he does that for the purpose of gathering
724
00:47:33,277 --> 00:47:35,665
archive to do academic research on it,
725
00:47:35,670 --> 00:47:37,757
there's never any damage to anybody.
726
00:47:38,134 --> 00:47:42,385
He wasn't stealing,
he wasn't selling what he got, or giving it away.
727
00:47:42,774 --> 00:47:45,334
He was making a point, for as far as I could tell.
728
00:47:45,482 --> 00:47:47,665
The arrest took its toll on Swartz.
729
00:47:48,008 --> 00:47:51,014
He just won't want talk about it,
and he's, like, very stressed.
730
00:47:51,020 --> 00:47:54,945
If you thought, like, the FBI was, like,
going to come to your doorstep,
731
00:47:54,980 --> 00:47:58,682
any day, any time you went down the hall,
even to do your laundry,
732
00:47:58,740 --> 00:48:02,088
and it would brake in to your apartment,
because you left the door unlocked,
733
00:48:02,385 --> 00:48:06,877
like, I'd be pretty stressed.
And it was clear.
734
00:48:06,991 --> 00:48:10,774
And so Aarorn was always sort of, like in, dour mood.
735
00:48:18,120 --> 00:48:21,802
He wouldn't give up any sensitive information
736
00:48:21,810 --> 00:48:23,574
about his whereabouts during this time,
737
00:48:23,580 --> 00:48:27,082
because he was so afraid that
the FBI will be waiting for him.
738
00:48:30,648 --> 00:48:34,477
It was a time of unprecedented
social and political activism.
739
00:48:35,437 --> 00:48:39,688
Time magazine would later name
as their 2011 person of the year:
740
00:48:42,351 --> 00:48:45,768
There was a kind of hotbed of hacker activity going on.
741
00:48:48,648 --> 00:48:53,517
WikiLeaks had released a trove of diplomatic cables...
742
00:48:53,677 --> 00:48:56,740
Manning had been under arrest at the time,
743
00:48:56,774 --> 00:48:59,357
it was unknown whether he was the source of the leak...
744
00:48:59,608 --> 00:49:04,397
Anonymous, which is a kind of protest ensemble
745
00:49:04,420 --> 00:49:07,174
that has a lot of hackers in its ranks,
746
00:49:07,220 --> 00:49:11,140
were going on various sprees of sorts...
747
00:49:11,311 --> 00:49:13,905
If you compare that to what he did,
748
00:49:14,042 --> 00:49:17,791
this stuff should have been left behind
for MIT and JSTOR to deal with,
749
00:49:17,928 --> 00:49:21,757
in a kind of private, professional matter.
750
00:49:21,760 --> 00:49:27,962
It should have never gotten the attention of
the criminal system.
751
00:49:28,420 --> 00:49:30,431
It just didn't belong there.
752
00:49:36,328 --> 00:49:39,574
Before he was indicted, Swartz was offered a plea deal,
753
00:49:39,620 --> 00:49:43,100
that involved three months in prison,
time in a halfway house,
754
00:49:43,150 --> 00:49:44,957
and a year of home detention.
755
00:49:45,048 --> 00:49:47,208
All, without the use of a computer.
756
00:49:47,608 --> 00:49:51,711
It was on the condition
that Swartz plead guilty to a felony.
757
00:49:51,917 --> 00:49:56,180
Here we are: we have no discovery,
no evidence whatsoever,
758
00:49:56,260 --> 00:49:57,951
about what the government case is.
759
00:49:58,000 --> 00:50:01,334
And we have to make this immense decision.
760
00:50:01,505 --> 00:50:05,494
Where the lawyer is pushing you to do this,
761
00:50:05,665 --> 00:50:09,414
the government is giving you
a non-negotiable demand,
762
00:50:09,517 --> 00:50:12,728
and you're told that
your likelihood of prevailing is small.
763
00:50:12,808 --> 00:50:17,185
So weather you're guilty or not,
you're better off taking the deal.
764
00:50:18,168 --> 00:50:20,785
Boston has it's own computer crimes division.
765
00:50:21,288 --> 00:50:24,922
Lots of lawyers, probably more lawyers than they need.
766
00:50:25,120 --> 00:50:28,362
So, you know, you can imagine all sort of cases,
767
00:50:28,374 --> 00:50:29,860
where it would be really hard to prosecute,
768
00:50:29,882 --> 00:50:32,877
cause you've got some criminals in Russia,
769
00:50:32,888 --> 00:50:37,960
or you've got some people inside of a corporation
who are gonna have 500 dollars (per hour) lawyers
770
00:50:37,970 --> 00:50:40,934
or 700 dollars-an-hour lawyers
sitting down against you.
771
00:50:40,990 --> 00:50:42,797
And then you got this case with this kid,
772
00:50:43,574 --> 00:50:47,265
which is pretty easy to prove that he did something.
773
00:50:47,270 --> 00:50:52,225
And he has already marked himself
as a troublemaker with the FBI,
774
00:50:52,230 --> 00:50:56,202
so why not go as tough as you can,
in hearing against that guy?
775
00:50:56,210 --> 00:50:57,505
It's good for you, the prosecutor,
776
00:50:57,528 --> 00:51:01,894
it's good for the republic,
'cause you're fighting all those terrorist types.
777
00:51:01,900 --> 00:51:03,231
I was so scared,
778
00:51:03,277 --> 00:51:05,100
I was so scared of having my computer ceased,
779
00:51:05,100 --> 00:51:06,900
I was so scared of going to jail,
780
00:51:07,037 --> 00:51:09,768
because of my computer being ceased,
781
00:51:09,837 --> 00:51:12,968
I had confidential material from sources,
782
00:51:13,002 --> 00:51:14,960
from my previous work on my laptop...
783
00:51:15,334 --> 00:51:18,460
and that is above all my priority,
784
00:51:18,470 --> 00:51:20,111
is to keep my sources safe.
785
00:51:20,202 --> 00:51:24,397
I was so scared of what was gonna happen to Ada.
786
00:51:25,208 --> 00:51:27,562
Aaron told me that they'd offered him a deal.
787
00:51:28,031 --> 00:51:31,940
And he finally just said,
that he would take it, if I told him to.
788
00:51:32,591 --> 00:51:35,562
And I said... I came real close to saying: "Take it!"
789
00:51:37,562 --> 00:51:42,500
He had this... he had developed, like,
serious political aspirations,
790
00:51:42,568 --> 00:51:45,997
in the intervening time between when,
you know, that moment,
791
00:51:46,305 --> 00:51:51,060
when he ended that entrepreneurial startup life,
792
00:51:51,060 --> 00:51:55,871
and begun this new life,
that had come to this political activism.
793
00:51:56,865 --> 00:52:02,465
And he just didn't believe that he could continue,
in his life,
794
00:52:02,682 --> 00:52:05,402
with a felony, you know? He said to me, one day...
795
00:52:05,505 --> 00:52:07,610
we were walking by the white house, and he said to me:
796
00:52:07,620 --> 00:52:09,500
"They don't let felons work there!"
797
00:52:17,452 --> 00:52:20,396
I mean, you know, he really wanted that to be his life.
798
00:52:21,812 --> 00:52:24,916
He hadn't killed anybody, he hadn't hurt anybody,
799
00:52:24,956 --> 00:52:27,468
he hadn't, like, stolen money,
800
00:52:27,908 --> 00:52:30,530
he hadn't done anything that seemed
felony-worthy, right?
801
00:52:31,508 --> 00:52:36,500
And... there's this idea that, like,
802
00:52:36,660 --> 00:52:38,660
there's no reason that he should be labeled a felon
803
00:52:38,700 --> 00:52:42,500
and taken away his right to vote, in many states,
804
00:52:43,020 --> 00:52:44,484
for doing what he did, like,
805
00:52:44,508 --> 00:52:46,590
that's just outrageous, like,
it makes sense for him to be,
806
00:52:46,600 --> 00:52:49,908
you know, maybe fined a bunch of money or,
807
00:52:50,260 --> 00:52:53,572
you know, asked not to come back at MIT again.
808
00:52:53,900 --> 00:52:57,604
But, like, to be a felon? To face jail time?
809
00:53:00,820 --> 00:53:03,140
Swartz turned down the plea deal.
810
00:53:03,610 --> 00:53:06,524
Heymann were doubled his efforts.
811
00:53:06,668 --> 00:53:12,212
Heymann continued to press us at all... at all levels.
812
00:53:12,410 --> 00:53:14,212
Even with the physical evidence,
813
00:53:14,220 --> 00:53:17,800
ceased from Aaron's Acer computer,
hard drive and usb drive,
814
00:53:18,148 --> 00:53:20,932
the prosecutors needed evidence of his motives.
815
00:53:21,076 --> 00:53:24,396
Why was Aaron Swartz
downloading articles from JSTOR?
816
00:53:24,524 --> 00:53:26,860
And just what did he planned to do with them?
817
00:53:28,860 --> 00:53:31,796
The government claimed
that he was planning to publish these.
818
00:53:32,164 --> 00:53:35,708
We don't really know whether that was
his real intention,
819
00:53:35,716 --> 00:53:37,532
because Aaron also had a history of
820
00:53:38,836 --> 00:53:42,468
doing projects where
he'd analyzed giant datasets of articles,
821
00:53:42,620 --> 00:53:44,748
in order to learn interesting things about them.
822
00:53:44,948 --> 00:53:47,836
The best evidence for that
was that when he was at Stanford,
823
00:53:48,350 --> 00:53:52,892
he also downloaded the whole Westlaw legal database.
824
00:53:53,316 --> 00:53:55,524
In a project with Stanford law students,
825
00:53:55,564 --> 00:53:58,364
Swartz had downloaded the Westlaw legal database.
826
00:53:58,412 --> 00:54:00,604
He uncovered troubling connections between
827
00:54:00,620 --> 00:54:03,908
funders of legal research and favorable results.
828
00:54:04,188 --> 00:54:07,396
He did this amazing analysis of for-profit companies,
829
00:54:07,400 --> 00:54:10,740
giving money to law professors,
who wrote law review articles,
830
00:54:10,764 --> 00:54:14,772
which would then beneficial to, like, Exxon,
during an oil spill, right?
831
00:54:14,780 --> 00:54:19,228
So it was a very corrupt system of funding,
you know, vanity research.
832
00:54:19,468 --> 00:54:22,380
Swartz had never released the Westlaw documents.
833
00:54:22,508 --> 00:54:25,244
In theory he could have been doing
the same thing about the JSTOR database.
834
00:54:25,356 --> 00:54:27,240
That would have been completely OK.
835
00:54:27,268 --> 00:54:29,676
If he were, on the other hand, intending to
836
00:54:29,692 --> 00:54:32,740
create a competitive service to JSTOR,
837
00:54:32,884 --> 00:54:36,764
like, we're gonna set up our own, you know,
access to the Harward law review,
838
00:54:36,764 --> 00:54:38,760
and charge, you know, money for it,
839
00:54:38,804 --> 00:54:41,724
then, you know, ok, now it seems like criminal violation,
840
00:54:41,740 --> 00:54:44,510
because you're commercially
trying to exploit this material.
841
00:54:44,520 --> 00:54:46,972
But it's kind of crazy to imagine
that that's what he was doing.
842
00:54:47,964 --> 00:54:49,324
So, but than there's a middle case:
843
00:54:49,348 --> 00:54:52,420
what if he was just trying to liberate it
for all of the developing world?
844
00:54:53,436 --> 00:54:55,060
But depending on what he was doing,
845
00:54:55,060 --> 00:54:58,348
it creates a very different character
to how the law should be thinking about it.
846
00:54:58,884 --> 00:55:00,444
The government was prosecuting him
847
00:55:00,450 --> 00:55:03,236
as if this was like a commercial criminal violation,
848
00:55:03,260 --> 00:55:05,300
like stealing a whole bunch of credit card records,
849
00:55:05,350 --> 00:55:06,640
like it was that kind of crime.
850
00:55:06,710 --> 00:55:10,124
I don't know what he was gonna do with that database,
851
00:55:10,130 --> 00:55:11,948
but I heard from a friend of his,
852
00:55:12,060 --> 00:55:14,644
that Aaron had told him
he was going to analyze the data
853
00:55:14,650 --> 00:55:18,076
for evidence of corporate funding
of climate change research,
854
00:55:18,100 --> 00:55:19,724
that led to biased results.
855
00:55:20,132 --> 00:55:22,452
And I totally believe that.
856
00:55:24,916 --> 00:55:27,548
I was just told that Steve wanted to talk to me.
857
00:55:28,852 --> 00:55:32,596
And I tought:
"Maybe this is a way I can get out of this."
858
00:55:32,836 --> 00:55:34,716
Just to exit the situation.
859
00:55:34,924 --> 00:55:37,524
And I didn't want to leave in fear
of having my computer ceased.
860
00:55:38,372 --> 00:55:40,732
I didn't want to leave in fear of having to go to jail,
861
00:55:40,748 --> 00:55:42,730
on a contempt of court charge,
862
00:55:42,780 --> 00:55:45,996
if they tried to compel me to decrypt my computer.
863
00:55:46,316 --> 00:55:49,156
When they came to me and said:
"Steve wants to talk to you...",
864
00:55:50,260 --> 00:55:51,908
that seemed reasonable.
865
00:55:52,564 --> 00:55:54,460
They offered Norton what is known as:
866
00:55:54,470 --> 00:55:56,996
a 'queen-for-a-day' letter,
or 'proffer' (letter).
867
00:55:57,276 --> 00:56:00,428
It allowed prosecutors
to ask questions about Aaron's case.
868
00:56:00,444 --> 00:56:03,548
Norton would be given immunity
from prosecution herself,
869
00:56:03,580 --> 00:56:05,940
for any information she revealed during the meeting.
870
00:56:06,052 --> 00:56:07,132
I didn't like it.
871
00:56:07,330 --> 00:56:10,308
I told my lawyers repeatedly that I didn't...
872
00:56:10,620 --> 00:56:12,412
this seemed fishy, I didn't like this,
873
00:56:12,428 --> 00:56:14,316
I didn't want immunity, I didn't need immunity,
874
00:56:14,332 --> 00:56:15,812
I hadn't done anything.
875
00:56:15,948 --> 00:56:18,500
But they were really really stringent,
that there was...
876
00:56:18,550 --> 00:56:21,396
they didn't want me meeting the prosecutor,
without immunity.
877
00:56:21,500 --> 00:56:24,628
Interviewer: but, just to make clear,
this is a queen-for-a-day deal, or proffer.
878
00:56:24,660 --> 00:56:25,620
Right, a proffer letter.
879
00:56:25,620 --> 00:56:27,924
Interviewer: in which you basically
handed information over to them,
880
00:56:27,940 --> 00:56:30,012
in exchange for protection from prosecution.
881
00:56:30,060 --> 00:56:33,292
So, it wasn't handing information over.
882
00:56:33,324 --> 00:56:36,004
It was, at least that's not how I saw it, it was just
883
00:56:36,044 --> 00:56:38,100
having a discussion, having an inteview with them.
884
00:56:38,150 --> 00:56:40,500
Interviewer: Well, they're asking you questions...
Quinn: They're asking me questions.
885
00:56:40,550 --> 00:56:42,300
Interviewer: ...and they can ask you
about whatever they want.
Quinn: Right.
886
00:56:42,350 --> 00:56:45,988
Interviewer: ...and, whatever they learned,
they could have you prosecute for that.
887
00:56:46,044 --> 00:56:49,052
...right, and I repeatedly tried to go in naked.
888
00:56:49,820 --> 00:56:53,236
I repeatedly tried to turn down the proffer letter.
889
00:56:53,500 --> 00:56:56,220
I was ill, I was being pressured by my lawyers,
890
00:56:56,260 --> 00:56:57,412
I was confused.
891
00:56:57,596 --> 00:57:00,908
I was not doing well by this point.
892
00:57:00,916 --> 00:57:02,692
I was depressed, and I was scared,
893
00:57:02,716 --> 00:57:05,348
and I didn't understand the situation I was in.
894
00:57:05,420 --> 00:57:08,588
I had no idea why I was in this situation.
895
00:57:08,700 --> 00:57:13,012
I hadn't done anything interesting, much less wrong.
896
00:57:13,284 --> 00:57:14,500
We were out of our minds.
897
00:57:14,796 --> 00:57:16,724
Aaron was clearly very distraught about it,
898
00:57:16,930 --> 00:57:18,324
we were very distraught about it,
899
00:57:18,724 --> 00:57:20,652
Aaron's attorneys were very distraught about it.
900
00:57:20,876 --> 00:57:23,132
We tried to get Quinn to change attorneys.
901
00:57:23,468 --> 00:57:27,812
I was very unused to beeing in a room with
large men, well armed,
902
00:57:28,372 --> 00:57:30,300
that are continuously telling me I'm lying,
903
00:57:30,524 --> 00:57:32,350
and that I must have done something.
904
00:57:33,436 --> 00:57:36,204
I told them that this thing that they were prosecuting,
905
00:57:36,884 --> 00:57:39,636
wasn't a crime,
906
00:57:40,660 --> 00:57:42,924
I told them that they were on the wrong side of history.
907
00:57:42,932 --> 00:57:44,228
I used that phrase, I said:
908
00:57:44,228 --> 00:57:46,220
"You're on the wrong side of history."
909
00:57:48,348 --> 00:57:49,372
And they looked bored,
910
00:57:49,412 --> 00:57:51,370
they didn't even look angry, they just looked bored.
911
00:57:52,316 --> 00:57:54,300
And it... uh... it began
912
00:57:54,350 --> 00:57:57,004
to occure to me
that we weren't having the same conversation.
913
00:57:57,044 --> 00:57:59,084
I mean, I told them plenty of things about, you know,
914
00:57:59,090 --> 00:58:02,500
why people would donwload journal articles,
and eventually...
915
00:58:02,820 --> 00:58:04,468
- I don't remember what was around it -
916
00:58:05,844 --> 00:58:08,100
...I mentioned that he'd had done this blog post:
917
00:58:08,100 --> 00:58:09,708
'the Guerilla Open Access Manifesto'.
918
00:58:12,436 --> 00:58:15,308
This is the guerilla open access manifesto,
919
00:58:15,780 --> 00:58:19,404
supposedly written in July 2008, in Italy.
920
00:58:19,996 --> 00:58:21,260
Information is power.
921
00:58:21,436 --> 00:58:22,516
But like all power,
922
00:58:22,520 --> 00:58:24,572
there are those who want to keep it for themselves.
923
00:58:24,860 --> 00:58:26,964
The world's entire scientific and cultural heritage,
924
00:58:27,028 --> 00:58:29,196
published over centuries in books and journals,
925
00:58:29,484 --> 00:58:31,764
is increasingly being digitized and locked up
926
00:58:31,780 --> 00:58:33,760
by a handful of private corporations.
927
00:58:34,020 --> 00:58:37,796
Meanwhile, those who have been locked out
are not standing idly by.
928
00:58:37,980 --> 00:58:40,196
You have been sneaking through holes
and climbing over fences,
929
00:58:40,204 --> 00:58:42,314
liberating the information locked up by the publishers,
930
00:58:42,320 --> 00:58:43,556
and sharing them with your friends.
931
00:58:44,308 --> 00:58:47,124
But all of this action goes on in the dark,
hidden underground.
932
00:58:47,284 --> 00:58:48,916
It's called stealing or piracy,
933
00:58:49,044 --> 00:58:51,842
as if sharing a wealth of knowledge
were the moral equivalent
934
00:58:51,850 --> 00:58:54,068
of plundering a ship and murdering its crew.
935
00:58:54,428 --> 00:58:57,292
But sharing isn't immoral โ it's a moral imperative.
936
00:58:57,380 --> 00:58:58,788
Only those blinded by greed
937
00:58:58,812 --> 00:59:01,020
would refuse to let a friend make a copy.
938
00:59:01,868 --> 00:59:04,148
There is no justice in following unjust laws.
939
00:59:04,150 --> 00:59:05,964
It's time to come into the light and,
940
00:59:05,988 --> 00:59:08,028
in the grand tradition of civil disobedience,
941
00:59:08,028 --> 00:59:11,204
declare our opposition to this private theft
of public culture.
942
00:59:12,044 --> 00:59:16,092
The manifesto itself was allegedly written
by four different people
943
00:59:16,428 --> 00:59:18,090
and also edited by Norton.
944
00:59:18,396 --> 00:59:20,868
But it was Swartz who had signed his name to it.
945
00:59:21,324 --> 00:59:24,948
When it's over, I go immediately to Aaron
946
00:59:24,950 --> 00:59:27,316
and tell him everything I can remember about it.
947
00:59:28,596 --> 00:59:30,084
And he gets very angry.
948
00:59:34,396 --> 00:59:36,908
The things that I'd done
shouldn't have added up that way.
949
00:59:40,116 --> 00:59:42,508
I hadn't done anything wrong,
950
00:59:42,972 --> 00:59:44,924
and everything had gone wrong.
951
00:59:46,724 --> 00:59:47,916
But I was never...
952
00:59:56,604 --> 00:59:58,364
I'm still angry.
953
00:59:59,876 --> 01:00:01,564
I'm still angry.
954
01:00:01,610 --> 01:00:05,428
You can... try your best with these people
to do the right thing,
955
01:00:06,060 --> 01:00:08,276
and they turn everything against you,
956
01:00:08,300 --> 01:00:11,588
and they will hurt you, with anything they can.
957
01:00:14,540 --> 01:00:18,516
And, in that moment, I regret that I said what I did.
958
01:00:19,444 --> 01:00:22,916
But my much larger regret,
is that we have settled for this.
959
01:00:23,308 --> 01:00:25,132
That we're OK with this.
960
01:00:25,540 --> 01:00:28,668
That we're ok with the justice system,
a system which tries to game people
961
01:00:28,670 --> 01:00:31,268
into like traps, so that they can ruin your lives.
962
01:00:32,484 --> 01:00:34,732
So, yeah, I wish I hadn't said that,
963
01:00:34,972 --> 01:00:40,804
but I'm much, much angrier that this is where I am.
964
01:00:42,252 --> 01:00:46,580
That this is what we, as a people, think is OK.
965
01:00:47,996 --> 01:00:51,932
They used every method that
I think they could think of,
966
01:00:51,956 --> 01:00:54,868
to get her to provide information which would be
967
01:00:54,880 --> 01:00:58,900
unhelpful to Aaron,
and helpful to the prosecution of Aaron.
968
01:01:00,094 --> 01:01:06,281
But, you know, I don't think she had information
that was helpful to the government.
969
01:01:07,732 --> 01:01:11,700
Months go by, as Swartz's friends and family
await a looming indictment.
970
01:01:12,126 --> 01:01:17,076
In the meantime, Swartz was becoming
a go-to expert on a series of Internet issues.
971
01:01:17,630 --> 01:01:21,600
Do you think that the Internet is something
that should be considered a human right,
972
01:01:21,650 --> 01:01:24,280
and something that the government
can not take away from you.
973
01:01:24,840 --> 01:01:26,667
Yes. Definitely. I mean, this...
974
01:01:26,827 --> 01:01:30,158
...notion that national security
is an excuse to shut down the Internet.
975
01:01:30,324 --> 01:01:33,716
That's exactly what we heard in Egypt,
in Syria, and all these other countries.
976
01:01:33,990 --> 01:01:36,841
And so, yeah, it's true,
sites like WikiLeaks are going to be putting up
977
01:01:36,878 --> 01:01:39,510
some embarassing material
about what the US government does,
978
01:01:39,732 --> 01:01:42,206
and people are going to be organizing
to protest about it,
979
01:01:42,216 --> 01:01:43,500
and try and change their government.
980
01:01:43,729 --> 01:01:45,000
You know, and that's a good thing.
981
01:01:45,050 --> 01:01:47,925
That's what all these First Amendment rights
of free expression,
982
01:01:47,961 --> 01:01:49,650
and freedom of association, are all about.
983
01:01:49,650 --> 01:01:52,041
And so the notion that
we should try and shut those down,
984
01:01:52,070 --> 01:01:54,761
I think, just goes against
the very basic American principles.
985
01:01:54,820 --> 01:01:57,800
A principle, I think, is one that
our founding fathers would have understood.
986
01:01:57,838 --> 01:01:59,416
If the Internet had been around back then,
987
01:01:59,489 --> 01:02:03,045
instead of putting Post Offices in the constitution,
they would have put ISPs.
988
01:02:05,204 --> 01:02:09,961
Swartz meets activist Taren Stinebrickner-Kauffman,
and the two begin to date.
989
01:02:10,494 --> 01:02:12,137
...we need a massive global public outcry...
990
01:02:12,137 --> 01:02:15,316
...if there is no massive global public outcry,
it won't create any change...
991
01:02:15,358 --> 01:02:18,630
...you know, 4 people in this city
should cause a massive global public outcry...
992
01:02:18,718 --> 01:02:21,840
...you know, we need a petition signer...
993
01:02:22,090 --> 01:02:23,500
Without telling her specifics,
994
01:02:23,550 --> 01:02:27,390
he warned her he was involved in something
he called simply 'the bad thing'.
995
01:02:27,500 --> 01:02:29,576
And I had, sort of, crazy theories, like,
996
01:02:29,627 --> 01:02:32,040
that he was having an affair with Elizabeth Warren,
or something...
997
01:02:32,980 --> 01:02:35,476
I speculated both
Hillary Clinton and Elizabeth Warren, actually...
998
01:02:37,700 --> 01:02:41,467
So, sometime in, probably, late July, Aaron called me.
999
01:02:42,056 --> 01:02:44,180
And I happen to pick up, and he said:
1000
01:02:44,265 --> 01:02:47,176
"You know, the bad thing
might be in the news tomorrow."
1001
01:02:47,234 --> 01:02:49,329
"Do you want me to tell you,
or do you want to read about it in the news?"
1002
01:02:49,372 --> 01:02:51,220
And I said: "I want you to tell me."
1003
01:02:53,169 --> 01:02:58,354
Aaron, he said: "Well, I've been arrested,"
1004
01:02:58,390 --> 01:03:00,500
"for downloading too many academic journal articles,"
1005
01:03:00,540 --> 01:03:03,140
"and they want to make an example out of me."
1006
01:03:03,940 --> 01:03:08,606
And I was like: "That's it? That's the big fuss? Really?"
1007
01:03:08,988 --> 01:03:10,820
"It doesn't sound like a very big deal."
1008
01:03:11,017 --> 01:03:17,300
On July 14th, 2011, Federal prosecutors
indict Swartz on 4 felony counts.
1009
01:03:17,330 --> 01:03:18,313
He gets indicted.
1010
01:03:18,571 --> 01:03:23,810
On the same day there're, like, 2 people in England,
who are part of LulzSec, get arrested,
1011
01:03:24,110 --> 01:03:26,695
and, like, a few other real hackers.
1012
01:03:26,988 --> 01:03:29,620
And Aaron is just like someone
who kind of looks like a hacker,
1013
01:03:29,620 --> 01:03:34,782
enough that they can, like, you know,
put his head on a stake, and put it on the gates.
1014
01:03:35,017 --> 01:03:38,494
Aaron went to surrender, and they arrested him.
1015
01:03:38,878 --> 01:03:42,036
They then strip-searched him,
1016
01:03:42,117 --> 01:03:44,837
took away his shoelaces, took away his belt,
1017
01:03:45,024 --> 01:03:47,220
and left him in solitary confinement.
1018
01:03:49,990 --> 01:03:52,606
The District of Massachusetts US Attorney's Office,
1019
01:03:52,651 --> 01:03:54,562
releases a statement, saying:
1020
01:03:54,597 --> 01:03:57,495
"Swartz faces up to 35 years in prison,"
1021
01:03:57,575 --> 01:04:00,268
"to be followed by 3 years of supervised release,"
1022
01:04:00,366 --> 01:04:05,050
"restitution, forefeiture,
and a fine of up to 1 million dollars."
1023
01:04:05,948 --> 01:04:08,830
He is released on a $100,000 bail.
1024
01:04:09,080 --> 01:04:12,117
The same day the primary victim in the case, JSTOR,
1025
01:04:12,260 --> 01:04:16,917
formally drops all charges against Swartz,
and declines to pursue the case.
1026
01:04:17,522 --> 01:04:21,335
JSTOR, they weren't our friends.
They weren't helpful or friendly to us,
1027
01:04:21,371 --> 01:04:24,455
but they also were just kind of like:
"We are not part of this."
1028
01:04:24,980 --> 01:04:27,255
JSTOR, and their parent company Ithica,
1029
01:04:27,362 --> 01:04:30,480
also sidestepped requests to talk with this film.
1030
01:04:30,670 --> 01:04:33,024
But at the time,
they released a statement saying it was
1031
01:04:33,051 --> 01:04:36,642
the government's decision weather to prosecute,
not JSTOR's.
1032
01:04:37,908 --> 01:04:42,004
And so it was our belief that, with that,
the case would be over,
1033
01:04:42,375 --> 01:04:45,050
that we should be able to get Stephen Heymann
to drop the case,
1034
01:04:45,095 --> 01:04:47,870
or settle in some rational way.
1035
01:04:48,489 --> 01:04:49,833
And the government refused.
1036
01:04:50,837 --> 01:04:51,750
Interviewer: Why?
1037
01:04:55,015 --> 01:04:57,717
Well, because, I think,
they wanted to make an example out of Aaron.
1038
01:04:57,850 --> 01:05:02,900
and they said they wanted to...
the reason why they wouldn't move on,
1039
01:05:02,935 --> 01:05:05,113
requiring a felony conviction and jail time,
1040
01:05:05,184 --> 01:05:11,890
was that they wanted to use this case,
as a case for deterrence.
1041
01:05:11,892 --> 01:05:13,001
They told us that.
1042
01:05:13,095 --> 01:05:13,868
Interviewer: They told you that?
1043
01:05:13,922 --> 01:05:14,700
Yes.
1044
01:05:15,015 --> 01:05:17,024
Interviewer: This was gonna be an example?
Aaron's Father: Yes.
1045
01:05:17,086 --> 01:05:21,570
Interviewer: He was gonna be an example?
Aaron's Father: Yes. Stephen Heymann said that.
1046
01:05:21,655 --> 01:05:23,000
Deterring who? Like...
1047
01:05:23,050 --> 01:05:26,197
...there is a lot of other people, out there,
running around and loggin onto JSTOR,
1048
01:05:26,215 --> 01:05:29,380
and downloading the articles to make a political
statement? I mean, who are they deterring?
1049
01:05:29,420 --> 01:05:35,202
It would be easier to understand
the Obama Administration's posture of,
1050
01:05:35,220 --> 01:05:40,553
supposedly, being for deterrence,
if this was an Administration that, for instance,
1051
01:05:40,580 --> 01:05:45,300
prosecuted arguably the biggest economic crime
this country has seen in the last 100 years,
1052
01:05:45,350 --> 01:05:49,600
the crimes that were committed,
that led to the financial crisis, on Wall Street.
1053
01:05:49,824 --> 01:05:58,010
When you start deploying the non-controversial idea
of deterrence only selectively,
1054
01:05:58,060 --> 01:06:01,664
you stop making a dispassionate analysis
of law breaking,
1055
01:06:01,700 --> 01:06:06,117
and you started deciding to deploy
law enforcement resources,
1056
01:06:06,220 --> 01:06:09,851
specifically on the basis of political ideology,
1057
01:06:09,975 --> 01:06:15,270
that's not just un-democratic,
it's supposed to be un-American.
1058
01:06:19,550 --> 01:06:23,575
Prosecutor Stephen Heymann,
later reportedly told MIT's outside counsel,
1059
01:06:23,850 --> 01:06:27,122
that the straw that broke the camel's back,
was a press release,
1060
01:06:27,166 --> 01:06:30,940
sent out by an organization Swartz founded,
called 'Demand Progress'.
1061
01:06:31,033 --> 01:06:32,820
According to the MIT account,
1062
01:06:32,891 --> 01:06:35,477
Heymann reacted to the short statement of support,
1063
01:06:35,691 --> 01:06:37,886
calling it a wild Internet campaign,
1064
01:06:38,002 --> 01:06:43,860
and a foolish move, that moved the case
from a human one-on-one level,
to an institutional level.
1065
01:06:43,931 --> 01:06:46,322
That was a poisonous combination.
1066
01:06:46,384 --> 01:06:50,837
A prosecutor who didn't want to lose face,
who had a political career in the offing, maybe,
1067
01:06:50,944 --> 01:06:53,148
and didn't want to have this
to come back and haunt them.
1068
01:06:53,202 --> 01:06:57,317
You spent how many tax dollars, arresting someone
for taking too many books out of the library,
1069
01:06:57,598 --> 01:07:00,670
and then got your ass handed to you in court.
No way!
1070
01:07:00,670 --> 01:07:04,348
I then moved
to try and put pressure on MIT in various ways,
1071
01:07:04,384 --> 01:07:06,055
to get them to go to the government,
1072
01:07:06,091 --> 01:07:09,771
and request the government to stop the prosecution.
1073
01:07:10,917 --> 01:07:13,060
Interviewer: What was MIT's reaction then?
1074
01:07:13,975 --> 01:07:17,220
There doesn't seem to be any reaction from MIT,
at that point.
1075
01:07:22,810 --> 01:07:25,424
MIT doesn't defend Aaron,
1076
01:07:25,610 --> 01:07:30,197
which to people inside of the MIT community
seems outrageous,
1077
01:07:30,242 --> 01:07:35,400
because MIT is a place that encourages hacking,
in the biggest sense of the word.
1078
01:07:35,600 --> 01:07:39,415
At MIT the idea of going and running around
in routes and tunnels
1079
01:07:39,451 --> 01:07:43,157
that you weren't allowed to be in,
was not only a rite of passage,
1080
01:07:43,433 --> 01:07:45,570
it was part of the MIT tour,
1081
01:07:45,577 --> 01:07:49,652
and lock-picking was a winter course at MIT.
1082
01:07:50,690 --> 01:07:55,774
They had the moral authority to stop it in its tracks.
1083
01:07:55,886 --> 01:08:00,480
MIT never stood up,
and took a position of saying to the Feds:
1084
01:08:00,680 --> 01:08:03,602
"Don't do this. We don't want you to do this."
1085
01:08:03,637 --> 01:08:06,980
"You're over-reacting, this is too strong!",
that I'm aware of.
1086
01:08:08,500 --> 01:08:12,206
They acted kind of like... like any corporation would.
1087
01:08:12,251 --> 01:08:15,380
They sort of...
they helped the government, they didn't help us,
1088
01:08:15,380 --> 01:08:21,118
unless they felt they had to, and...
and they never tried to stop it.
1089
01:08:22,142 --> 01:08:24,916
MIT declined repeated requests to comment.
1090
01:08:24,916 --> 01:08:29,908
But they later released a report, saying
they attempted to maintain a position of neutrality,
1091
01:08:29,908 --> 01:08:35,220
and believed Heymann and the US Attorney's office
did not care what MIT thought or said about the case.
1092
01:08:35,561 --> 01:08:41,172
MIT's behaviour seemed really at odds
with the MIT ethos, right?
1093
01:08:41,769 --> 01:08:46,974
You could argue that MIT turned a blind eye,
and that was okay for them to do.
1094
01:08:47,145 --> 01:08:52,457
But taking that stance, taking that neutral stance,
in and of itself, was taking a pro-prosecutor stance.
1095
01:08:52,457 --> 01:08:58,622
If you look at Steve Jobs and Steve Wozniack,
they started by selling a bluebox,
1096
01:08:58,622 --> 01:09:01,310
which was a thing designed
to defraud the phone company.
1097
01:09:01,410 --> 01:09:04,206
If you look at Bill Gates and Paul Allen,
1098
01:09:04,251 --> 01:09:08,428
they initially started their business,
by using computer time at Harvard,
1099
01:09:08,526 --> 01:09:10,793
which was pretty clearly against the rules.
1100
01:09:10,840 --> 01:09:13,131
Difference between
Aaron and people that I just mentioned,
1101
01:09:13,166 --> 01:09:16,390
is that Aaron wanted to make the world a better place,
he didn't just want to make money.
1102
01:09:18,944 --> 01:09:23,000
Swartz continues to be outspoken,
on a variety of Internet Issues.
1103
01:09:23,140 --> 01:09:28,290
You know, the reason Internet works,
is because of the competitive marketplace of ideas.
1104
01:09:28,290 --> 01:09:31,504
And what we need to be focussing on,
is getting more information about our government,
1105
01:09:31,548 --> 01:09:34,240
more accessibility, more discussion, more debate.
1106
01:09:34,441 --> 01:09:37,961
But instead, it seems, like,
what Congress is focussed on, is shutting things down.
1107
01:09:38,215 --> 01:09:40,126
Aaron thought he could change the world,
1108
01:09:40,188 --> 01:09:43,771
just by explaining the world very clearly to people.
1109
01:09:44,046 --> 01:09:48,620
FLAME can literally control
your computer and make it spy on you.
1110
01:09:48,660 --> 01:09:51,720
Welcome Aaron,
good to have you back on the show here.
1111
01:09:51,760 --> 01:09:53,806
You know, just like spies used to, in olden days,
1112
01:09:54,070 --> 01:09:56,073
put microphones and tap what people were saying,
1113
01:09:56,073 --> 01:09:58,484
now they are using computers to do the same things.
1114
01:09:58,953 --> 01:10:01,321
Swartz's political activity continues,
1115
01:10:01,477 --> 01:10:06,540
his attention turning to a bill moving
through Congress, designed to curb online piracy.
1116
01:10:06,548 --> 01:10:08,596
It was called SOPA.
1117
01:10:08,900 --> 01:10:12,651
Activists like Peter Eckersley
saw it as an enormous over-reach,
1118
01:10:12,784 --> 01:10:15,584
threatening the technical integrity
of the Internet itself.
1119
01:10:15,593 --> 01:10:17,918
And one of the first things I did was to call Aaron,
1120
01:10:17,940 --> 01:10:21,600
and I said:
"Can we do a big online campaign against this?"
1121
01:10:21,655 --> 01:10:23,740
"This isn't a bill about copyright."
1122
01:10:24,809 --> 01:10:25,641
It's not?
1123
01:10:26,055 --> 01:10:29,630
"No, he said.
It's a bill about the freedom to connect."
1124
01:10:30,233 --> 01:10:31,371
Now I was listening.
1125
01:10:31,877 --> 01:10:35,308
And he thought about it for a while and then said yes,
1126
01:10:35,415 --> 01:10:37,708
and he went and founded Demand Progress.
1127
01:10:38,100 --> 01:10:40,393
Demand Progress in an online activism organization.
1128
01:10:40,420 --> 01:10:43,940
We got around a million and half members now.
1129
01:10:44,055 --> 01:10:46,882
But started in the fall on 2010.
1130
01:10:46,997 --> 01:10:49,006
Aaron was one of the most prominent people
1131
01:10:49,042 --> 01:10:51,637
in a community of people who helped lead-organizing
1132
01:10:51,753 --> 01:10:55,030
around social justice issues
at the federal level in this country.
1133
01:10:55,460 --> 01:11:01,140
SOPA was the bill that was intended to
curtail online piracy of music and movies,
1134
01:11:01,180 --> 01:11:04,597
but what it did was, basically, take a sledge hammer
1135
01:11:04,624 --> 01:11:06,760
to a problem that needed a scalpel.
1136
01:11:06,926 --> 01:11:11,495
If passed, the law would allow a company
to cut off finances to entire websites,
1137
01:11:11,628 --> 01:11:16,350
without due process or even
to force Google to exclude their links.
1138
01:11:16,649 --> 01:11:20,148
All they needed was a single claim
of copyright infringment.
1139
01:11:20,508 --> 01:11:23,584
It pitted the titans of traditional media
against the new,
1140
01:11:23,628 --> 01:11:26,420
and now far more sophisticated remix culture.
1141
01:11:26,860 --> 01:11:29,922
It makes everyone who runs a website
into a policeman.
1142
01:11:30,082 --> 01:11:32,713
And if they don't do their job
of making sure nobody on their site
1143
01:11:32,766 --> 01:11:35,122
uses it for anything that's even potentially illegal,
1144
01:11:35,353 --> 01:11:38,180
the entire site could get shutdown,
without even so much as a trial.
1145
01:11:38,322 --> 01:11:43,200
This was over the top.
I mean, this was a catostrophy.
1146
01:11:43,406 --> 01:11:49,010
This bill poses a serious threat to speech,
and civil liberties,
1147
01:11:49,068 --> 01:11:51,270
for all who use the Internet.
1148
01:11:51,326 --> 01:11:55,548
It were only a handful of us who said:
"Look, we're not for piracy either,"
1149
01:11:55,993 --> 01:12:00,000
"but it makes no sense to destroy
the architecture of the Internet,"
1150
01:12:00,050 --> 01:12:03,166
"the domain name system, and so much,
that makes it free and open,"
1151
01:12:03,291 --> 01:12:05,780
"in the name of fighting piracy."
1152
01:12:05,842 --> 01:12:07,291
And Aaron got that right away.
1153
01:12:07,380 --> 01:12:09,317
The freedoms guaranteed in our constitution,
1154
01:12:09,353 --> 01:12:13,540
the freedoms our country has been built on,
would be suddenly deleted.
1155
01:12:13,824 --> 01:12:16,428
New technology,
instead of bringing us greater freedom,
1156
01:12:16,642 --> 01:12:19,830
would have snuffed out fundamental rights,
we'd always taken for granted.
1157
01:12:21,122 --> 01:12:26,550
And I realized, that day, talking to Peter,
that I couldn't let that happen.
1158
01:12:28,197 --> 01:12:33,060
When SOPA was introduced in October 2011,
it was considered inevitable.
1159
01:12:33,122 --> 01:12:37,050
Our strategy, when it first came out,
was to hopefully slow the bill down,
1160
01:12:37,220 --> 01:12:39,273
maybe weaken it a little bit,
1161
01:12:39,300 --> 01:12:44,055
but even we didn't think that
we would be able to stop this bill.
1162
01:12:45,620 --> 01:12:49,131
Having worked in Washington, what you learn is that,
1163
01:12:49,682 --> 01:12:53,077
typically in Washington, the legislative fights,
1164
01:12:53,344 --> 01:12:57,460
are fights between
different sets of corporate monied interests,
1165
01:12:57,700 --> 01:13:00,313
and all duking it out to pass legislation.
1166
01:13:00,350 --> 01:13:04,695
And the fights that are the closest,
are when you have one set of corporate interest,
1167
01:13:05,086 --> 01:13:07,830
against another set of corporate interests,
and they are financially
1168
01:13:07,868 --> 01:13:10,860
equally matched in terms of
campaign contributions and lobbying.
1169
01:13:10,868 --> 01:13:12,361
Those are the closest ones.
1170
01:13:12,713 --> 01:13:15,095
The ones that aren't even fights, typically,
1171
01:13:15,228 --> 01:13:18,140
are ones where all the money is on one side,
1172
01:13:18,180 --> 01:13:20,046
all the corporations are on one side,
1173
01:13:20,091 --> 01:13:22,550
and just millions of people on the other side.
1174
01:13:24,841 --> 01:13:30,260
I haven't seen anything like PIPA and SOPA,
in all my time in public service.
1175
01:13:31,113 --> 01:13:36,532
There were more than 40 US senators
on that bill as co-sponsors.
1176
01:13:37,257 --> 01:13:43,444
So there were already a long long way
to getting the 60 votes to have it cleared
all the procedural hoops.
1177
01:13:44,382 --> 01:13:47,710
Even I began to doubt myself.
It was a rough period.
1178
01:13:47,710 --> 01:13:51,397
Swartz and Demand Progress
were able to marshall enormous support,
1179
01:13:51,806 --> 01:13:55,868
using traditional outreach, combined
with commonly used Voice over IP,
1180
01:13:56,070 --> 01:13:58,882
to make it very easy for people to call Congress.
1181
01:13:59,550 --> 01:14:03,557
I've never met anybody else who
was able to operate at his level,
1182
01:14:03,628 --> 01:14:08,020
both on the technological side,
and on the campaign strategy side.
1183
01:14:08,153 --> 01:14:12,277
Millions of people contacted Congress,
and signed anti-SOPA petitions.
1184
01:14:12,748 --> 01:14:14,670
Congress was caught off guard.
1185
01:14:15,360 --> 01:14:19,931
There was just something about watching those
clueless member of Congress debate the bill,
1186
01:14:20,380 --> 01:14:22,491
watching them insist they could regulate the Internet,
1187
01:14:22,535 --> 01:14:24,651
and a bunch of nerds couldn't possibly stop them.
1188
01:14:24,793 --> 01:14:25,771
I'm not a nerd.
1189
01:14:25,833 --> 01:14:27,340
I am just not enough of a nerd.
1190
01:14:27,388 --> 01:14:30,437
...maybe we ought to ask some nerds
what this thing really does. [laughter]
1191
01:14:30,569 --> 01:14:32,596
Let's have a hearing, bring in the nerds. [laughter]
1192
01:14:35,317 --> 01:14:36,090
Really? [laughter]
1193
01:14:39,460 --> 01:14:40,731
Nerds? [laughter]
1194
01:14:41,788 --> 01:14:45,246
You know, I think, actually,
the word you're looking for is: experts. [laughter]
1195
01:14:46,398 --> 01:14:52,990
To enlighten you, so your laws won't backfire,
break the Internet.
1196
01:14:53,051 --> 01:14:56,402
We used the term Geek, but we are allowed
to use that, because we are geeks.
1197
01:14:56,500 --> 01:15:01,580
The fact that it got as far as it did,
without them talking to any technical experts,
1198
01:15:01,588 --> 01:15:04,404
reflects the fact that there is a problem in this town.
1199
01:15:04,437 --> 01:15:09,815
I'm looking for somebody to come before this body,
and testify in a hearing,
1200
01:15:09,948 --> 01:15:11,780
and say: "This is why they're wrong."
1201
01:15:12,020 --> 01:15:15,184
There used to be an office that provided
Science and Technology advice,
1202
01:15:15,246 --> 01:15:19,180
and members could go to them and say:
"Help me understand XYZ."
1203
01:15:19,188 --> 01:15:21,769
And Gingrich killed it.
He said it was waste of money.
1204
01:15:21,769 --> 01:15:25,417
Every since then,
Congress has plunged into the dark ages.
1205
01:15:25,797 --> 01:15:29,550
I don't think anybody really thought
that SOPA could be beaten, including Aaron.
1206
01:15:29,922 --> 01:15:33,753
He knew it was worth trying,
but it doesn't seem winnable.
1207
01:15:34,206 --> 01:15:36,830
And I remember, maybe a few months later,
I remember him
1208
01:15:36,846 --> 01:15:39,730
just turning to me and being like:
"I think we might win this!"
1209
01:15:40,094 --> 01:15:41,950
And I was like: "That would be amazing!"
1210
01:15:44,200 --> 01:15:49,922
Calls to Congress continue;
when the Domain hosting site GoDaddy
becomes a supporter of the bill,
1211
01:15:49,948 --> 01:15:54,620
tens of thousands of users
transfer their Domain Names in protest.
1212
01:15:55,051 --> 01:15:59,350
Within a week, a humbled GoDaddy
reverses their position on SOPA.
1213
01:15:59,350 --> 01:16:04,153
When the Congress people that supported these...
1214
01:16:04,171 --> 01:16:08,020
the record and movie industries,
realize that there was this backlash,
1215
01:16:08,046 --> 01:16:10,064
they kind of scaled the bill back a little bit.
1216
01:16:10,130 --> 01:16:11,344
You could see the curve happening.
1217
01:16:11,388 --> 01:16:15,590
You could see that our arguments
were starting to resonate.
1218
01:16:15,646 --> 01:16:18,680
It was like Aaron had been, like, striking a match
and it was being blown out...
1219
01:16:18,686 --> 01:16:20,300
striking another one, and being blown out,
1220
01:16:20,350 --> 01:16:23,771
and finally he, like, managed to catch enough
kindling that the flame actually caught,
1221
01:16:24,000 --> 01:16:26,573
and then, like, it turned into this roaring blaze.
1222
01:16:26,729 --> 01:16:31,742
On January 16th, 2012,
the White House issued a statement saying
1223
01:16:31,742 --> 01:16:33,406
they didn't support the bill.
1224
01:16:33,748 --> 01:16:35,476
And then this happened.
1225
01:16:35,880 --> 01:16:39,566
I'm a big believer that we should be dealing
with issues of piracy,
1226
01:16:39,593 --> 01:16:41,740
and we should deal with them in a serious way,
1227
01:16:42,260 --> 01:16:44,037
but this bill is not the right bill.
1228
01:16:44,153 --> 01:16:48,630
When Jimmy Wales put his support
towards blacking out Wikipedia,
1229
01:16:48,757 --> 01:16:52,366
the number 5 most popular website in the world,
1230
01:16:52,473 --> 01:16:58,380
this is a website that's... 7% of all
of the clicks on anywhere on the Internet.
1231
01:16:58,420 --> 01:16:59,810
Wikipedia went black,
1232
01:16:59,966 --> 01:17:01,280
Reddit went black,
1233
01:17:01,424 --> 01:17:02,670
Craigslist went black,
1234
01:17:03,006 --> 01:17:05,810
phonelines on Capitol Hill flat out melted,
1235
01:17:05,980 --> 01:17:09,095
members of Congress started rushing
to issue statements,
1236
01:17:09,122 --> 01:17:12,660
retracting their support for the bill,
that they were promoting just a couple days ago.
1237
01:17:13,300 --> 01:17:17,673
Within 24 hours,
the number of opponents of SOPA, in Congress,
1238
01:17:17,717 --> 01:17:19,175
went from this...
1239
01:17:19,246 --> 01:17:20,830
...to this.
1240
01:17:22,411 --> 01:17:27,397
To see Congressmen and Senators slowly flipside
1241
01:17:27,433 --> 01:17:30,944
throughout the day of the blackout
was pretty unbelievable,
1242
01:17:30,971 --> 01:17:33,780
there was, like, a hundred representatives swing.
1243
01:17:34,206 --> 01:17:38,281
And that was when, as hard as it was
for me to believe, after all this...
1244
01:17:38,281 --> 01:17:39,625
...We had won!
1245
01:17:40,390 --> 01:17:42,126
The thing that everyone said was impossible,
1246
01:17:42,162 --> 01:17:48,240
that some of the biggest companies in the world
had written off as kind of a pipe dream, had happened.
1247
01:17:48,402 --> 01:17:49,730
We did it!
1248
01:17:50,642 --> 01:17:51,975
We won!
1249
01:17:55,477 --> 01:17:58,473
This is a historic week in Internet politics,
maybe American politics.
1250
01:17:58,526 --> 01:18:02,188
The thing that we heard from
people in Washington D.C.,
1251
01:18:02,233 --> 01:18:06,670
from staffers on Capitol Hill was,
they received more emails and more phone calls
1252
01:18:06,670 --> 01:18:10,162
on SOPA blackout day,
than they ever received about anything.
1253
01:18:10,281 --> 01:18:12,628
I think that was an extremely exciting moment,
1254
01:18:12,628 --> 01:18:17,470
this was the moment when
the Internet had grown up politically.
1255
01:18:17,470 --> 01:18:20,969
It was exhilarating, because
it's hard to believe it actually happened.
1256
01:18:21,051 --> 01:18:25,170
It's hard to believe,
a bill with so much financial power behind it,
1257
01:18:25,593 --> 01:18:28,944
didn't simply sail through the Congress.
1258
01:18:29,076 --> 01:18:31,998
And not only did not sail through,
it didn't pass at all.
1259
01:18:33,760 --> 01:18:35,993
It's easy sometimes to feel like you are powerless.
1260
01:18:36,011 --> 01:18:38,760
Like, when you come out on the streets,
and you march and you yell,
1261
01:18:38,775 --> 01:18:40,135
and nobody hears you.
1262
01:18:40,162 --> 01:18:42,757
But I'm here to tell you today: You are powerful!
1263
01:18:45,753 --> 01:18:48,250
So, yeah, maybe sometimes you feel like
you're not being listened to,
1264
01:18:48,277 --> 01:18:51,560
but I'm here to tell you that you are,
that you are being listened to,
1265
01:18:51,570 --> 01:18:56,105
You are making a difference.
You can stop this bill if you don't stop fighting.
1266
01:18:59,668 --> 01:19:02,104
Stop PIPA! Stop SOPA!
1267
01:19:04,144 --> 01:19:07,070
Some of the biggest Internet companies,
to put it frankly, would benefit
1268
01:19:07,300 --> 01:19:10,860
from a world in which their little
competitors could get censored.
1269
01:19:12,224 --> 01:19:13,740
We can't let that happen.
1270
01:19:14,814 --> 01:19:18,825
For him it was more important to be
sure that you made a small change,
1271
01:19:19,282 --> 01:19:22,340
than to play a small part in a big change.
1272
01:19:23,077 --> 01:19:26,690
But SOPA was, like,
playing a major part in a major change.
1273
01:19:27,051 --> 01:19:30,400
And so, for him, it was kind of
his proof of concept; it was like...
1274
01:19:30,450 --> 01:19:34,240
okay, you know, what I wanna do,
with my life, is change the world.
1275
01:19:34,526 --> 01:19:39,774
I think about it in this really scientific way of,
like, I'm measuring my impact,
1276
01:19:39,886 --> 01:19:42,010
and this shows that it is possible, right?
1277
01:19:42,228 --> 01:19:45,172
That the thing that I wanna do with my life
is possible.
1278
01:19:45,744 --> 01:19:50,560
I have proved that I can do it.
That I, Aaron Swartz, can change the world.
1279
01:19:50,569 --> 01:19:56,052
For a guy who never really thought
he had done much,
1280
01:19:56,372 --> 01:19:57,588
which was Aaron,
1281
01:19:59,081 --> 01:20:02,217
it was one of the few moments
where you could really see
1282
01:20:03,625 --> 01:20:06,548
that he felt like
he had done something good.
1283
01:20:06,590 --> 01:20:11,092
Feeling like here is his, maybe,
one and only victory lap.
1284
01:20:13,417 --> 01:20:16,541
Everyone said there was no way
we could stop SOPA: We stopped it.
1285
01:20:16,556 --> 01:20:21,725
This are 3 outrageously good victories,
and the year isn't even over yet.
1286
01:20:21,725 --> 01:20:24,894
I mean, if there's a time to be positive, it's now.
1287
01:20:26,900 --> 01:20:29,545
You know, he wins at SOPA a year after he is arrested.
1288
01:20:29,716 --> 01:20:31,678
It's not an unambiguously happy moment.
1289
01:20:31,678 --> 01:20:33,044
There's a lot going on.
1290
01:20:33,044 --> 01:20:39,849
He is so attuned towards participating
in the political process, you can't stop him.
1291
01:20:40,037 --> 01:20:44,050
The list of organizations Swartz founded,
or co-founded, is enourmous.
1292
01:20:44,052 --> 01:20:47,956
and years before Edward Snowden would expose
widespread Internet surveillance,
1293
01:20:48,148 --> 01:20:50,500
Swartz was already concerned.
1294
01:20:50,558 --> 01:20:54,300
It is shocking to think that the accountability is so lax,
1295
01:20:54,350 --> 01:20:56,811
that they don't even have a sort of basic statistics
1296
01:20:56,837 --> 01:20:58,810
about how big this spying programme is.
1297
01:20:58,900 --> 01:21:03,294
And if the answer is:
"Oh, we're spying on so many people,
we can't possibly even count them."
1298
01:21:03,294 --> 01:21:05,449
...then that's an awful lot of people.
1299
01:21:05,800 --> 01:21:09,758
...one thing that they said: "Look, you know,
we know the number of telephones we're spying on,"
1300
01:21:09,758 --> 01:21:12,568
"we don't know exactly
how many real people that corresponds to."
1301
01:21:12,910 --> 01:21:15,049
But they just came back and said:
"We can't give you a number at all."
1302
01:21:15,086 --> 01:21:18,500
That's pretty...
I mean, that's scary, is what it is.
1303
01:21:18,588 --> 01:21:25,300
And then they put incredible pressure on him,
took away his... all of the money he had made,
1304
01:21:25,350 --> 01:21:29,100
they... tried to take away his physical freedom.
1305
01:21:29,150 --> 01:21:33,993
Why'd they do it?
Why are they going after whistleblowers?
1306
01:21:34,240 --> 01:21:38,037
Why are they going after people who tell the truth
1307
01:21:38,350 --> 01:21:42,686
about all sorts of things: from the banks, to the...
1308
01:21:42,766 --> 01:21:45,890
to war, to just sort of government transparency.
1309
01:21:46,147 --> 01:21:51,166
So secrecy serves those who are already in power,
and we are living in an era of secrecy,
1310
01:21:51,320 --> 01:21:54,500
that coincides with an era
where the government is doing also
1311
01:21:54,550 --> 01:21:57,993
a lot of things that are probably
illegal and unconstitutional.
1312
01:21:58,295 --> 01:22:01,220
So, those two things are not coincidences.
1313
01:22:01,230 --> 01:22:03,975
It's very clear that this technology has been developed
1314
01:22:04,011 --> 01:22:07,051
not for small countries overseas, but right here,
1315
01:22:07,140 --> 01:22:09,620
for use in the United States, by the US government.
1316
01:22:09,620 --> 01:22:13,424
The problem with the spying programme,
is that it's this sort of long, slow expansion,
1317
01:22:13,440 --> 01:22:16,322
you know, going back to the
Nixon Administration, right?
1318
01:22:16,590 --> 01:22:19,620
Obviously it became big after 9/11,
under George W. Bush,
1319
01:22:19,673 --> 01:22:21,468
and Obama has continued to expand it,
1320
01:22:21,548 --> 01:22:23,566
and the problems have slowly grown
worse and worse...
1321
01:22:23,691 --> 01:22:26,215
But there's never been this moment
you can point to, and say:
1322
01:22:26,251 --> 01:22:30,670
"Okay, we need to galvanize opposition today,
because today is when it matters."
1323
01:22:31,930 --> 01:22:34,588
The prosecution, in my estimation, of Aaron Swartz,
1324
01:22:34,677 --> 01:22:40,930
was about sending a particular
laser-like message to a group of people,
1325
01:22:40,937 --> 01:22:45,204
that the Obama Administration
sees as politically threatening.
1326
01:22:47,122 --> 01:22:53,480
And that is essentially the hacker,
the information and the democracy activist community.
1327
01:22:53,730 --> 01:22:57,006
And the message that the Obama Administration
wanted to send,
1328
01:22:57,033 --> 01:23:00,500
to that particular community, was, in my estimation:
1329
01:23:00,553 --> 01:23:04,508
"We know you have the ability
to make trouble for the establishment,"
1330
01:23:04,610 --> 01:23:08,562
"and so we are going to try to make
an example out of Aaron Swartz,"
1331
01:23:08,597 --> 01:23:13,300
"to scare as many of you as possible,
into not making that trouble."
1332
01:23:13,406 --> 01:23:14,517
And the governement said:
1333
01:23:14,588 --> 01:23:19,970
"Oh, the legal opinions we are using
to legalize the spying programme are also classified,"
1334
01:23:20,055 --> 01:23:23,148
"so we can't even tell you
which laws we are using to spy on you."
1335
01:23:23,190 --> 01:23:26,233
Everytime they can tell:
"Oh, this is another instance of cyber war,"
1336
01:23:26,260 --> 01:23:28,140
"the cyber criminals are attacking us again,"
1337
01:23:28,162 --> 01:23:30,060
"we're all in danger, we're all under threat."
1338
01:23:30,135 --> 01:23:33,670
They use those as excuses,
to push through more and more dangerous laws.
1339
01:23:33,700 --> 01:23:40,597
Interviewer: And so, just to follow it up, like,
personally, how do you feel the fight is going?
1340
01:23:40,704 --> 01:23:42,590
It's up to you.
1341
01:23:47,335 --> 01:23:51,895
You know, there's sort of these two
polarizing perspectives, right:
1342
01:23:52,020 --> 01:23:55,157
everything is great, the Internet has created
all this freedom and liberty,
1343
01:23:55,157 --> 01:23:56,740
and everything's gonna be fantastic, or...
1344
01:23:56,784 --> 01:23:58,206
everything is terrible,
1345
01:23:58,242 --> 01:24:00,171
the Internet has created all these tools
for cracking down,
1346
01:24:00,197 --> 01:24:03,070
and spying and, you know, controlling what we say.
1347
01:24:03,184 --> 01:24:05,510
And I think these both are true, right?
1348
01:24:05,993 --> 01:24:09,769
The Internet has done both,
and both are kind of amazing and astonishing.
1349
01:24:09,797 --> 01:24:12,802
And which one will win out in the long run is up to us.
1350
01:24:12,860 --> 01:24:15,335
It doesn't make sense to say:
"Oh, one is doing better than the other..."
1351
01:24:15,353 --> 01:24:17,320
You know, they are both true.
1352
01:24:17,428 --> 01:24:21,161
And it's up to us which one we emphasize,
and which one we take advantage of,
1353
01:24:21,211 --> 01:24:23,401
because they're both there,
and they're both always gonna be there.
1354
01:24:28,884 --> 01:24:34,601
On September 12th, 2012, Federal prosecutors
filed a superseeding indictment against Swartz,
1355
01:24:34,665 --> 01:24:39,956
adding additional counts of wire fraud,
unauthorized access to a computer,
and Computer Fraud.
1356
01:24:40,206 --> 01:24:45,097
Now, instead of 4 felony counts,
Swartz was facing 13.
1357
01:24:45,460 --> 01:24:48,276
The prosecution leverage had dramatically increased,
1358
01:24:48,526 --> 01:24:51,497
as did Swartz's potential jail time and fines.
1359
01:24:51,747 --> 01:24:55,188
They filed a seperate indictment to add more charges,
1360
01:24:55,438 --> 01:25:01,289
and they had a theory about why this conduct
constituted a number of federal crimes,
1361
01:25:01,539 --> 01:25:05,449
and that a very significant sentence
could attach to it under the law.
1362
01:25:06,748 --> 01:25:10,215
That theory,
and much of the prosecution case against Swartz,
1363
01:25:10,340 --> 01:25:13,557
involved a law created originally in 1986.
1364
01:25:13,744 --> 01:25:16,200
It is called: 'the Computer Fraud and Abuse Act'.
1365
01:25:16,585 --> 01:25:19,614
The Computer Fraud and Abuse Act
was inspired by the movie 'War Games',
1366
01:25:19,682 --> 01:25:21,360
with Matthew Broderick, a great movie.
1367
01:25:23,020 --> 01:25:27,584
In this movie, a kid gets the ability,
through the magic of computer networks,
1368
01:25:27,611 --> 01:25:29,957
to, like, launch a nuclear attack.
1369
01:25:33,620 --> 01:25:37,200
Now, that's not actually possible,
and it certainly wasn't possible in the 80s,
1370
01:25:37,250 --> 01:25:40,313
but, apparently, this movie scared Congress enough to
1371
01:25:40,402 --> 01:25:44,500
pass the original Computer Fraud and Abuse Act.
1372
01:25:44,550 --> 01:25:46,793
This is a law that's just behind the times,
1373
01:25:46,820 --> 01:25:52,600
for example it penalises
a Terms of Service kind of arrangement,
1374
01:25:52,650 --> 01:25:56,606
you have something like eHarmony or match.com,
1375
01:25:56,695 --> 01:26:01,100
and somebody sort of inflates
their own personal characteristics,
1376
01:26:01,131 --> 01:26:05,200
and, all of a sudden,
depending on the jurisdiction and the prosecutors,
1377
01:26:05,250 --> 01:26:07,806
they could be in a whole host of troubles.
1378
01:26:07,820 --> 01:26:10,089
We all know what Terms of Use are.
1379
01:26:10,300 --> 01:26:13,255
Most people don't read them,
but not abiding by their terms,
1380
01:26:13,317 --> 01:26:16,000
could mean you are committing a felony.
1381
01:26:16,126 --> 01:26:20,158
The website terms of service often say things like:
'Be nice to each other', or:
1382
01:26:20,408 --> 01:26:22,210
'Dont do anything that's improper'.
1383
01:26:22,304 --> 01:26:27,300
The idea that the criminal law has
anything to say about these kinds of violations,
1384
01:26:27,397 --> 01:26:29,540
I think strikes most people as crazy.
1385
01:26:30,286 --> 01:26:32,830
The examples get even more crazy.
1386
01:26:33,364 --> 01:26:35,902
Until it was changed in March of 2013,
1387
01:26:35,902 --> 01:26:42,345
the Terms of Use on the website
of hearst's 'Seventeen' magazine
said you had to be 18 in order to read it.
1388
01:26:42,580 --> 01:26:46,420
I would say that the way the CFAA
has been interpreted by the Justice Department,
1389
01:26:46,464 --> 01:26:48,766
we are all probably all breaking the law.
1390
01:26:49,300 --> 01:26:54,782
Vague and prone to misuse,
the CFAA has become a 'one size, fits all' hammer,
1391
01:26:54,811 --> 01:26:57,490
for a wide range of computer related disputes.
1392
01:26:57,575 --> 01:27:02,437
Though not the only factor in his case,
11 of the 13 charges against Swartz,
1393
01:27:02,526 --> 01:27:04,811
involved the Computer Fraud and Abuse Act.
1394
01:27:07,051 --> 01:27:11,460
The question 'Why?'
hangs over much of the story of Aaron Swartz.
1395
01:27:11,646 --> 01:27:15,326
Just what was motivating the goverment,
and what would their case have been?
1396
01:27:15,904 --> 01:27:19,140
The Department of Justice
declined requests for answers.
1397
01:27:19,337 --> 01:27:22,985
But professor Orin Kerr is a former prosecutor
who has studied the case.
1398
01:27:23,193 --> 01:27:27,637
So, I think I come about this case from a different
direction than other people on a number of reasons.
1399
01:27:27,977 --> 01:27:32,137
I was a federal prosecutor at the justice
department for 3 years, before I started teaching.
1400
01:27:32,313 --> 01:27:34,340
The government came forward with an indictment,
1401
01:27:34,384 --> 01:27:37,620
based on what crimes they thought were committed.
1402
01:27:37,620 --> 01:27:40,837
Just as a purely lawyer's matter,
looking at the precedents,
1403
01:27:40,864 --> 01:27:42,900
lookings at the statues, looking at the history,
1404
01:27:42,940 --> 01:27:45,184
looking at the cases that are out there so far,
1405
01:27:45,397 --> 01:27:48,070
I think it was a fair indictment, based on that.
1406
01:27:48,820 --> 01:27:51,273
You can debate
whether they should have charged this case.
1407
01:27:51,273 --> 01:27:52,468
There is just a lot of disagreement.
1408
01:27:52,574 --> 01:27:56,692
Some people are on the Open Access side,
some people are not.
1409
01:27:57,042 --> 01:28:02,960
I think the government took Swartz's
Guerilla Open Access Manifesto very seriously.
1410
01:28:03,202 --> 01:28:09,510
And I think they saw him as somebody
who was committed, as a moral imperative,
1411
01:28:09,513 --> 01:28:15,188
to breaking the law,
to overcome the law that Swartz saw as unjust.
1412
01:28:15,188 --> 01:28:20,521
And, in a democracy, if you think a law is unjust,
there are ways of changing that law;
1413
01:28:20,521 --> 01:28:24,425
there is going to congress,
as Swartz did so masterfully with SOPA;
1414
01:28:24,425 --> 01:28:28,158
or you can violate that law,
in a way to try to nullify that law.
1415
01:28:28,158 --> 01:28:31,300
And I think what was driving the prosecution,
1416
01:28:31,350 --> 01:28:39,294
was the sense that Swartz was committed
not just to breaking the law, but
to really making sure that law was nullified.
1417
01:28:39,468 --> 01:28:43,468
That everyone would have have access
to the database, in a way that
1418
01:28:43,504 --> 01:28:46,766
you couldn't put the toothpaste back into the tube,
1419
01:28:46,900 --> 01:28:50,100
it would be done, and Swartz's side would win.
1420
01:28:52,350 --> 01:28:55,593
There is a big disagreement, in society,
as to whether that is an unjust law,
1421
01:28:55,877 --> 01:28:59,830
and ultimately that's a decision for the
American people to make, working through Congress.
1422
01:29:00,137 --> 01:29:03,380
And than the second problem is, I think,
we're still trying to figure out
1423
01:29:03,424 --> 01:29:07,300
what's the line between
less serious offenses and more serious offenses.
1424
01:29:07,640 --> 01:29:11,800
We're now entering that different environment
of computers and computer misuse,
1425
01:29:11,850 --> 01:29:16,437
and we don't yet have a really strong sense
of exactly what these lines are,
1426
01:29:16,482 --> 01:29:18,140
because we are just woking that out.
1427
01:29:18,908 --> 01:29:21,788
This is a poor use of prosecutorial discretion.
1428
01:29:21,904 --> 01:29:28,100
The hammer that the Justice Department has,
to scare people with, just gets bigger and bigger.
1429
01:29:28,153 --> 01:29:32,670
And so most people, you know...
you can't roll the dice with your life, like that.
1430
01:29:32,704 --> 01:29:35,360
Should we tap somebody's phone?
Should we film them?
1431
01:29:35,388 --> 01:29:39,020
Should we turn somebody and get them to testify
against these other people?
1432
01:29:39,454 --> 01:29:42,121
That's how federal agents and prosecutors think.
1433
01:29:42,121 --> 01:29:44,894
They build cases, they make cases.
1434
01:29:46,535 --> 01:29:49,664
Swartz was caught in the gears
of a brutal criminal justice system,
1435
01:29:49,908 --> 01:29:51,529
that could not turn back.
1436
01:29:51,575 --> 01:29:56,580
A machine that has made America
the country with the highest rate of incarceration
in the world.
1437
01:29:56,784 --> 01:30:02,470
We have, in this country, allowed ourselves
to be captured by the politics of fear and anger.
1438
01:30:02,473 --> 01:30:07,721
And anything we're afraid of,
like the future of the Internet and access,
1439
01:30:08,446 --> 01:30:11,625
and anything we're angry about, instinctively, creates
1440
01:30:11,691 --> 01:30:13,280
a criminal justice intervention.
1441
01:30:13,520 --> 01:30:16,882
And we've used jail, prison and punishment,
1442
01:30:16,962 --> 01:30:20,100
to resolve a whole host of problems that,
historically,
1443
01:30:20,150 --> 01:30:22,440
were never seen as criminal justice problems.
1444
01:30:22,606 --> 01:30:26,402
And the impulse to threaten, indict, prosecute,
1445
01:30:26,544 --> 01:30:32,480
which is part of what has created
this debate and controversy over
online access and information on the Internet,
1446
01:30:32,702 --> 01:30:35,177
is very consistent with what we've seen in other areas;
1447
01:30:35,211 --> 01:30:39,800
the one difference is... is that the people
who are usually targeted and victimized,
1448
01:30:39,850 --> 01:30:44,651
by these kinds of criminal and carceral responses,
are typically poor and minority.
1449
01:30:47,140 --> 01:30:50,082
Swartz's isolation from friends and family increased.
1450
01:30:50,340 --> 01:30:52,855
He had basically stopped working on anything else.
1451
01:30:52,997 --> 01:30:56,440
And the case was, in fact, like,
taking over sort of his whole life.
1452
01:30:56,588 --> 01:30:59,753
One of Aaron's lawyers, apparently,
told the prosecutors that he...
1453
01:30:59,753 --> 01:31:02,402
he was emotionally vulnerable,
1454
01:31:02,748 --> 01:31:06,530
and that that was something
that they really needed to keep in mind,
so that they... they knew that.
1455
01:31:06,606 --> 01:31:08,971
It was weighing on him very heavily.
1456
01:31:09,024 --> 01:31:14,960
He did not like having his actions and movements
restricted in any way,
1457
01:31:15,214 --> 01:31:20,340
and the threat of jail,
which they pounded him with a lot,
1458
01:31:21,797 --> 01:31:23,410
was terrifying to him.
1459
01:31:23,468 --> 01:31:26,571
Completely exhausted his financial resources, and...
1460
01:31:27,237 --> 01:31:31,730
it cost us a lot of money also - and he
raised a substantial amount of money...
1461
01:31:31,980 --> 01:31:35,380
so it was, you know, it was in the millions of dollars.
1462
01:31:36,078 --> 01:31:37,897
Interviewer: The legal defence?
Aaron's Father: Yes.
1463
01:31:38,147 --> 01:31:39,988
Interviewer: Was in millions?
Aaron's Father: Yes.
1464
01:31:40,873 --> 01:31:44,650
Yeah, I think he didn't want to be a burden to people,
I think that was a factor...
1465
01:31:44,907 --> 01:31:49,246
like, I have my normal life,
and then I have this shitty thing I have to deal with,
1466
01:31:49,282 --> 01:31:52,590
and I try to, like,
keep the two of them as seperate as possible.
1467
01:31:52,846 --> 01:31:56,884
But they were just beginning to blur together,
and everything was becoming shitty.
1468
01:31:58,588 --> 01:32:02,110
Swartz faced a tough choice,
that was only getting tougher.
1469
01:32:02,233 --> 01:32:06,440
Do you admit guilt and move on with your life,
or do you fight a broken system.
1470
01:32:06,691 --> 01:32:12,308
With his legal case the answer was simple:
he rejects the final plea deal,
and a trial date is set.
1471
01:32:12,428 --> 01:32:15,800
Aaron was resolute
that he didn't want to knuckle under,
1472
01:32:15,842 --> 01:32:18,510
and accept something that he didn't believe was fair,
1473
01:32:18,766 --> 01:32:20,649
but I also think he was scared.
1474
01:32:32,489 --> 01:32:34,025
I don't think they would have convicted Aaron.
1475
01:32:34,082 --> 01:32:38,640
I think we would have walked him
out of that courthouse, and...
I would have given him a big hug, and...
1476
01:32:38,663 --> 01:32:42,640
we would have walked across that little river
in Boston, and gone and had a couple of beers.
1477
01:32:45,744 --> 01:32:47,353
I really thought that we were right.
1478
01:32:47,451 --> 01:32:49,086
I thought that we were gonna win the case.
1479
01:32:49,122 --> 01:32:50,830
I thought that we could win the case.
1480
01:32:50,953 --> 01:32:55,540
He didn't talk about it very much, but you could see
the enourmous pain that he was going through.
1481
01:33:00,862 --> 01:33:06,324
No time, in his childhood, did Aaron have any
severe mood swings or, like, depressive episodes,
1482
01:33:06,324 --> 01:33:10,200
or anything that I would describe to
as severe depression.
1483
01:33:10,250 --> 01:33:13,022
And it's possible, you know,
he was depressed, people get depressed.
1484
01:33:18,200 --> 01:33:23,433
Very early in our relationship,
like 3 or 4 weeks in or something,
1485
01:33:23,513 --> 01:33:29,660
I remember him saying to me
that I was a lot stronger than he was.
1486
01:33:30,217 --> 01:33:36,062
You know, he was brittle in lot of ways...
things were a lot harder for him than for a lot of people.
1487
01:33:36,105 --> 01:33:38,004
It was part of his brilliance, too.
1488
01:33:40,470 --> 01:33:46,366
I think, he probably had something, like,
clinical depression in his early 20s.
1489
01:33:47,184 --> 01:33:49,070
I don't think he did when I was with him.
1490
01:33:49,131 --> 01:33:53,470
He wasn't a joyful person...
but that's different from being depressed.
1491
01:33:56,064 --> 01:34:00,530
He was just under such,
such enourmous pressure for two years straight.
1492
01:34:00,574 --> 01:34:02,516
He just didn't want to do it anymore.
1493
01:34:03,317 --> 01:34:06,990
He was just, like.. I just think it was too much.
1494
01:34:13,913 --> 01:34:15,975
I got a phone call late at night.
1495
01:34:17,211 --> 01:34:22,120
I could tell something was wrong,
and then I called, and I realized what had happened.
1496
01:34:23,200 --> 01:34:28,670
The co-founder of the social news and entertainment
website 'Reddit' has been found dead.
1497
01:34:28,775 --> 01:34:33,720
Police say 26 year old Aaron Swartz
killed himself yesterday in his Brooklyn apartment.
1498
01:34:36,570 --> 01:34:45,975
I just thought we've lost
one of the most creative minds of our generation.
1499
01:34:46,144 --> 01:34:50,046
I was, like, the whole world fell apart at that moment.
1500
01:34:56,135 --> 01:34:59,010
It was one of the hardest nights in my life.
1501
01:34:59,682 --> 01:35:03,610
It was like I was screaming: "I can't hear you...
what did you say... I can't hear you."
1502
01:35:07,168 --> 01:35:11,465
I can't. That's it.
1503
01:35:19,246 --> 01:35:23,410
Like, yeah, none of it made any sense,
and really still doesn't.
1504
01:35:24,242 --> 01:35:27,180
I was so frustrated and angry...
1505
01:35:37,854 --> 01:35:40,820
You know, I tried to explain it to my kids.
1506
01:35:41,070 --> 01:35:46,025
My 3 year old told me that the doctors would fix him.
1507
01:35:51,721 --> 01:35:55,860
I've known lots of people who have died,
but I've never lost anybody like this.
1508
01:35:55,945 --> 01:36:02,750
Because everybody feels, and I do too,
there's so much we could've... more to do, like...
1509
01:36:04,372 --> 01:36:09,759
I just didn't know he was there.
I didn't know this was what he was suffering.
1510
01:36:10,942 --> 01:36:13,301
He was part of me.
1511
01:36:14,953 --> 01:36:20,500
And I just wanted it to not be real, and then...
1512
01:36:23,166 --> 01:36:27,689
And then I just looked at his Wikipedia page,
and I saw the end date.
1513
01:36:31,765 --> 01:36:34,644
02.02.2013
1514
01:37:14,442 --> 01:37:17,653
My first thought was: "What if nobody even notices?"
1515
01:37:18,505 --> 01:37:22,613
You know, 'cause it wasn't clear to me how...
salient he was.
1516
01:37:23,518 --> 01:37:29,449
I had never seen anything
quite like the outpouring I saw.
1517
01:37:29,556 --> 01:37:30,942
The net just lit up.
1518
01:37:31,205 --> 01:37:35,300
I mean, everyone was trying to...
to explain it in their own way,
1519
01:37:35,336 --> 01:37:39,583
but I've never seen people grieve on Twitter before.
1520
01:37:39,668 --> 01:37:42,249
People were visibly grieving online.
1521
01:37:46,165 --> 01:37:50,953
He was the Internet's Own Boy...
and the whole world killed him.
1522
01:37:55,028 --> 01:37:59,977
We are standing in the middle of a time
when great injustice is not touched.
1523
01:38:01,660 --> 01:38:05,532
Architects of the financial meltdown
have dinner with the President, regularly.
1524
01:38:05,969 --> 01:38:09,692
In middle of that time, the idea that 'this'...
1525
01:38:10,216 --> 01:38:12,369
was what the government had to prosecute...
1526
01:38:14,228 --> 01:38:17,342
it just seems absurd, if it weren't tragic.
1527
01:38:17,370 --> 01:38:22,921
The question is:
"Can we do something, given what's happened,"
1528
01:38:22,972 --> 01:38:24,920
"...to make the world a better place,"
1529
01:38:26,089 --> 01:38:30,185
"...and how can we further that legacy?"
That's the only question one can ask.
1530
01:38:32,761 --> 01:38:36,929
All over the world there are starting to be
hackathons and gatherings...
1531
01:38:36,960 --> 01:38:41,801
Aaron Swartz has in some sense
brought the best out us,
1532
01:38:41,932 --> 01:38:44,730
in trying and say: "How do we fix this?"
1533
01:38:46,830 --> 01:38:50,041
He was, in my humble opinion, one of the true
1534
01:38:50,056 --> 01:38:54,180
extraordinary revolutionaries
that this country has produced.
1535
01:38:54,710 --> 01:38:58,970
I don't know weather Aaron was defeated or victorious,
1536
01:38:58,980 --> 01:39:02,900
but we are certainly shaped by the hand
1537
01:39:02,950 --> 01:39:05,577
of the things that he wrestled with.
1538
01:39:05,827 --> 01:39:08,392
When we turned armed agents of the law
1539
01:39:08,521 --> 01:39:11,892
on citizens trying to increase access to knowledge,
1540
01:39:12,142 --> 01:39:13,833
we've broken the rule of law,
1541
01:39:14,083 --> 01:39:16,478
we've desecrated the temple of justice.
1542
01:39:16,728 --> 01:39:19,230
Aaron Swartz was not a criminal.
1543
01:39:20,700 --> 01:39:25,090
Change does not roll-in on the wheels of inevitability,
1544
01:39:25,140 --> 01:39:27,400
it comes through continuous struggle.
1545
01:39:29,726 --> 01:39:31,390
Aaron really could do magic,
1546
01:39:31,700 --> 01:39:33,600
and I'm dedicated to making sure
1547
01:39:33,795 --> 01:39:35,636
that his magic doesn't end with his death.
1548
01:39:35,886 --> 01:39:37,364
He believed that he could change the world.
1549
01:39:37,614 --> 01:39:39,198
And he was right.
1550
01:39:39,448 --> 01:39:42,249
Out of the last week, and out of today,
1551
01:39:42,499 --> 01:39:44,532
phoenixes are already rising.
1552
01:39:46,920 --> 01:39:51,200
Since Swartz's death,
Rep. Zoe Lofgren and Sen. Ron Wyden
1553
01:39:51,250 --> 01:39:53,236
have introduced legislations that would reform
1554
01:39:53,486 --> 01:39:55,070
the Computer Fraud and Abuse Act,
1555
01:39:55,320 --> 01:39:58,000
the outdated law that formed the majority
1556
01:39:58,050 --> 01:39:59,636
of the charges against Swartz.
1557
01:39:59,886 --> 01:40:02,089
It's called 'Aaron's Law'.
1558
01:40:02,339 --> 01:40:07,124
Aaron believed that, like, you literally
ought to be asking yourself all of the time:
1559
01:40:07,174 --> 01:40:10,700
"What is the most important thing
i could be working on in the world right now?"
1560
01:40:10,750 --> 01:40:12,969
And if you are not working on that, why aren't you?
1561
01:40:33,400 --> 01:40:36,798
I wish we could change the past, but we cannot.
1562
01:40:37,048 --> 01:40:43,305
But we can change the future and we must.
We must do so for Aaron. We must do so for ourselves.
1563
01:40:43,555 --> 01:40:48,169
We must do so to make our world a better place,
a more humane place,
1564
01:40:48,419 --> 01:40:50,004
a place where justice works,
1565
01:40:50,254 --> 01:40:53,972
and access to knowledge becomes a human right.
1566
01:40:54,222 --> 01:40:59,113
So there was a kid, back in february, from Baltimore...
1567
01:40:59,363 --> 01:41:01,204
...14 years old...
1568
01:41:01,454 --> 01:41:08,052
...who had access to JStor, and he'd been
spelunking through JStor, after reading something.
1569
01:41:08,302 --> 01:41:13,065
And he figured out a way
to do early tests for Pancreatic Cancer.
1570
01:41:14,600 --> 01:41:17,600
And Pancreatic Cancer kills the shit out of you,
1571
01:41:17,650 --> 01:41:22,260
because we detect it way to late, and by the time we
detect it, it's already too late to do anything about it.
1572
01:41:22,700 --> 01:41:28,425
And, he sent e-mails off to the entire
oncology department at John Hopkins,
1573
01:41:28,675 --> 01:41:31,000
you know, hundreds of them; and every...
Interviewer: Did you say a 14 years old?
1574
01:41:31,050 --> 01:41:33,500
14 year old kid, yeah.
And most of them ignored it, right?
1575
01:41:33,560 --> 01:41:35,000
But one of them, like, sent him a e-mail back.
1576
01:41:35,050 --> 01:41:37,800
And said, "This is not an entirely stupid idea;
why don't you come on over?"
1577
01:41:38,174 --> 01:41:42,800
This kid worked evenings and weekends with this
researcher and, in February, I heard him on the news,
1578
01:41:42,850 --> 01:41:46,494
just a couple of weeks after Aaron died,
when Aaron was in the news a lot.
1579
01:41:49,700 --> 01:41:51,900
Sorry.
1580
01:41:53,044 --> 01:41:58,697
And he said the reason he was on the news
is 'cause they'd done it.
1581
01:41:58,947 --> 01:42:02,900
They were shipping an early test
for pancreatic cancer that was gonna save lives.
1582
01:42:03,326 --> 01:42:07,444
And he said:
"This is why what Aaron did was so important."
1583
01:42:10,196 --> 01:42:11,924
Because you never know, right?
1584
01:42:11,945 --> 01:42:16,724
This truth of the universe is not only something
that policymakers use to figure out,
1585
01:42:16,974 --> 01:42:18,729
you know, what the speed limit should be.
1586
01:42:18,979 --> 01:42:24,958
It's where the thing that's gonna keep, you know,
your kid from dying of Pancreatic Cancer comes from.
1587
01:42:25,726 --> 01:42:30,600
And, without access, the person who might
come up with the thing that's got
1588
01:42:30,650 --> 01:42:34,601
your number on it, may never find that answer.
1589
01:42:34,700 --> 01:42:47,225
He sleeped so well, he didn't fall out
[baby talk], not even when he dreamed
he was back on the spacecraft.
1590
01:42:47,910 --> 01:42:50,234
Very good, Aaron! Good, good! Yay, Aaron!
1591
01:42:50,813 --> 01:42:56,590
Okay! Now it's song time!
1592
01:43:24,000 --> 01:43:32,000
Translated by Raden Sandy
radioaktif.blogspot.com154895
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