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A cofounder of the social, news and entertainment[br]website Reddit has been found dead.

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He certainly was a prodigy, although[br]he never thought of himself like that.

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He was totally unexcited

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about starting businesses and making money.

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There's a profound sense of loss tonight[br]in Highland Park, Aaron Swartz's hometown,

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as loved ones say good-bye to[br]one of the Internet's brightest lights.

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Freedom, open access and computer[br]activists are mourning his loss.

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"An astonishing intellect", if you talk to people who knew him.

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He was killed by the government, and[br]MIT betrayed all of its basic principles.

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They wanted to make an example out of him, okay?

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Governments have an insatiable[br]desire to control.

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He was potentially facing 35 years[br]in prison and a one million dollar fine.

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Raising questions of prosecutorial zeal,[br]and I would say even misconduct.

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Have you looked into that particular matter[br]and reached any conclusions?

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Growing up, I slowly had this process of[br]realizing that all the things around me that

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people had told me were just the natural way[br]things were, the way things always would be,

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they weren't natural at all,[br]there were things that could be changed

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and there were things that more importantly[br]were wrong and should change.

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And once I realized that,[br]there was really 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[br]and grew up here.

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Aaron came from a family of three[br]brothers, all extraordinarily bright.

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"Oh, the box is tipping over..."

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So we were all, you know,[br]not the best behaved children.

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You know, three boys running around[br]all the time, causing trouble.

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"Hey, no, no no!"

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– Aaron![br]– What?

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But I've come to the realization that Aaron[br]learned how to learn at a very young age.

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"One, two, three, four, five, six,[br]seven, eight, nine, ten!"

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- Knock, knock![br]- Who's there?

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- Aaron.[br]- Aaron who?

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- Aaron Funnyman.

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He knew what he wanted,[br]and 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.[br]And each planet has a symbol."

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"Mercury symbol, Venus symbol, Earth symbol,[br]Mars symbol, Jupiter symbol."

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One day he said to Susan: "What's this free[br]family entertainment downtown Highland Park?"

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"Free family entertainment[br]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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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[br]from all other nights.

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I remember once, we were at[br]the University of Chicago Library.

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I pulled a book off the shelf[br]that was from like 1900.

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And showed to him and said: "You know,[br]this is really just an extraordinary place."

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We all were curious children, but Aaron really[br]liked learning and really liked teaching.

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"And we're going to learn the ABC backwards."

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"Z, Y, X, W, V, U, T..."

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I remember he came home[br]from his first Algebra class.

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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 let's press click button, there! Now it's got that!"

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"Now it's in pink!"

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When he was about two or three years old,[br]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[br]took to them, really took to the Internet.

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- Working at the computer?[br]- 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[br]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,[br]where 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[br]that there was nothing that I wanted done.

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And to him, there was always something to do,[br]

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always something that programming could solve.

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The way Aaron always saw it, is that[br]programming is magic.

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You can accomplish these things[br]that normal humans can't.

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Aaron made an ATM using like a Macintosh[br]and like a cardboard box.

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One year for Halloween,[br]I didn't know what I wanted to be,

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and he thought it would be really really cool[br]if I dressed up like his new favorite computer,

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which at the time was the original iMac.

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I mean, he hated dressing up for Halloween[br]but he loved convincing other people

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to dress up as things that he wanted to see.

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"Host Aaron, stop![br]Guys, come on, look at the camera!"

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"Spider-man looks at the camera!"

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He made this website called The Info,[br]where people can just fill in information.

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I'm sure someone out there knows[br]all about gold, gold leafing...

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Why they don't write about that on this website?[br]And then other people can come at a later point,

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and read that information, and edit[br]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 had begun,[br]and this is developed by a 12 year old,

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in his room, by himself, running on this[br]tiny server using ancient technology.

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And one of the teachers responds, like:

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"This is a terrible idea, you can't just[br]let anyone author the encyclopedia!"

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"The whole reason we have scholars[br]is to write these books for us."

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"How could you ever have such a terrible idea?"

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Me and my other brother would be like:[br]"Oh, you know, yeah Wikipedia is cool, but"

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"we had that in our house, like, five years ago."

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Aaron's website, theinfo.org, wins a school competition

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hosted by the Cambridge-based[br]web design firm ArsDigita.

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We all went to Cambridge when he won the ArsDigita prize

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and we had no clue 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[br]online programming communities,

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then in the process of shaping[br]a new tool for the web.

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He comes up to me: "Ben, there's this[br]really awesome thing that I'm working on."

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"You need to hear about it!"

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"Yeah, what is it?"

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"It's this thing called RSS."

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And he explains to me what RSS is.[br]I'm like: "Why is that useful, Aaron?"

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"Is any site using it,[br]why would I want to use it?"

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There is this mailing list for people who are[br]working on RSS, and XML more generally.

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And there was a person on it named[br]Aaron Swartz who was competitive but very smart,

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and who had lots of good ideas, and

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he didn't ever come to the[br]face-to-face meetings, and they said,

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you know, when are you gonna come[br]to one of these face-to-face meetings?

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And he said: "You know, I don't think[br]my mom would let me. I've just turned 14."

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And so their first reaction was: "Well, this person,[br]this colleague we've been working with all year

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was 13 years old while we were[br]working with him, and he's only 14 now."

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And their second reaction was:

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"Christ, we really want to meet him.[br]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[br]the plumbing for modern hypertext.

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The piece that he was working on, RSS,[br]was a tool that you can use to get summaries

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of things that are going on on other web pages.

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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[br]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[br]the technology and he saw that it was imperfect

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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 Francicso.

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We'd introduce him to interesting people to argue with, and we'd marvel at his horrific eating habits.

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He only ate white food, only like steamed rice and not fried rice 'cause that wasn't sufficiently white

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and white bread, and so on...

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And you kind of marveled at the quality of the debate emerging from this,

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what appeared to be a small boy's mouth.

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And you'd think, this is a kid that's really going to get 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 dotcoms.

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You can't have companies that just sell dog food over the Internet, or sell dog food over cell phones.

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But there's still a lot of innovation going on.

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Think that maybe if you don't see the innovation, maybe your head is in the sand!

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He takes on this, like an alpha nerd personality, where he's

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sort of like: "I'm smarter than you, and because I'm smarter than you I'm better than you,

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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 and trying to cure cancer.

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I first met him on IRC, or Internet Relay Chat.

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He didn't just write code, he also got people excited about solving problems he got.

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He was a connector.

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The free culture movement, he had a lot of this 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, that definitely ruffled feathers at times.

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It wasn't necesarily the case that he was always comfortable in the world

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and the world wasn't always comfortable with him.

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Aaron got into high school and he was really just sick of school.

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He didn't like it, he didn't like any of the classes that were being thaught, he didn't like the teachers.

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Aaron really knew how to get information.

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He was like: "I don't need to go to this teacher 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 this teacher to learn their version of American history,

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like I have like three historical compilations here, I could 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, I thought the teachers didn't know what they were talking about.

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They were domineering and controlling, the homework was kind of a sham

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and it was all just like all about a way to pen students all together and force them to do busywork.

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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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Then, you know, alternatives to it and 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, once I questioned the school I was in,

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I questioned the society that built the school, I questioned the businesses that the schools were training people for,

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I questioned the government that set up this whole structure.

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One of the thing he was most passionate about was copyright, especially in those early days.

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Copyright has always been something kind of a burden on the publishing industry and on readers,

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but it wasn't an eccessive burden, it was a reasonable institution to have in place,

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to make sure that people got paid.

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What Aaron's generation experienced 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 Harvard's Law professor Lawrence Lessig,

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who was then challenging copyright law in the Supreme Court.

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The young Aaron Swartz flew to Washington to listen to the Supreme Court hearings.

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I am Aaron Swartz and I'm here to listen to the LD, to see the LD document.

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Why did you fly out here from Chicago and come all this way to see the LD argument?

0:13:23.493,0:13:25.743
That's a more difficult question...

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I don't know. It's very exciting to see the Supreme Court,

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especially in 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 with the freedoms they intended to carry.

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So if copyright is all about "All rights reserved", then this is a kind of a "Some rights reserved" model.

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I want a simple way to say to you: here is what you can do with my work,

0:14:08.979,0:14:13.715
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.

0:14:16.501,0:14:20.802
Like how do you architect the licenses so they'll be simple and understandable

0:14:20.802,0:14:24.127
and expressed in a way so that machines can process it.

0:14:24.207,0:14:29.994
And people were like: why do you have this 15 years old kid writing the specifications for Creative Commons?

0:14:29.994,0:14:32.159
Don't you think that's a huge mistake?

0:14:32.159,0:14:35.679
And they're like: the biggest mistake we would have is not listening to this kid.

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He barely is not even tall enough to even get over the podium.

0:14:39.711,0:14:43.100
And it was this movable podium so it was this embarrassing thing,

0:14:43.102,0:14:45.968
where once he put his screen up nobody could see his face.

0:14:46.874,0:14:51.257
When you come to our website here, and you go to "Choose license",

0:14:51.257,0:14:56.957
it gives you this list of options, it explains what it means, and you got three simple questions:

0:14:57.740,0:15:00.055
"Do you want to require attribution?"

0:15:00.225,0:15:03.287
"Do you want to allow commercial uses of your work?"

0:15:03.507,0:15:06.413
"Do you want to allow modifications of your work?"

0:15:06.413,0:15:12.246
I was floored, just completely flabbergasted that these adults regarded him as an adult.

0:15:12.246,0:15:16.428
And Aaron stood up there in fromt of a whole audience full of people and just started talking

0:15:16.428,0:15:20.421
about the platform that he'd created for Creative Commons.

0:15:20.421,0:15:23.372
And they were all listening to him. Just...

0:15:23.372,0:15:28.742
I was sitting at the back, thinking: he's just a kid, why are they listening to him?

0:15:28.892,0:15:29.978
But they did...

0:15:30.168,0:15:32.784
Well, I don't think I comprehended it fully.

0:15:32.784,0:15:37.171
Though critics have said it does little to ensure artists get paid for their work,

0:15:37.216,0:15:40.572
the success of Creative Commons has been enormous.

0:15:40.572,0:15:46.776
Currently on the website Flickr alone, over 200 million people use some form of Creative Commons license.

0:15:46.992,0:15:56.638
He contributed through his technical abilities, and yet it was not simply a technical matter to him.

0:15:57.651,0:16:00.551
Aaron often wrote candidly in his personal blog:

0:16:01.101,0:16:05.812
I think deeply about things, and I want others to do likewise.

0:16:06.722,0:16:11.049
I work for ideas and learn from people. I don't like excluding people.

0:16:11.429,0:16:15.556
I'm a perfectionist, but I won't let that get in the way of publication.

0:16:15.636,0:16:19.661
Except for education and entertainment, I'm not going to waste my time

0:16:19.661,0:16:21.654
on things that won't have an impact.

0:16:21.654,0:16:26.161
I try to be friends with everyone, but I hate it when you don't take me seriously.

0:16:26.161,0:16:32.086
I don't hold grudges, it's not productive, but I learn from my experience.

0:16:32.086,0:16:35.396
I want to make the world a better place.

0:16:41.102,0:16:46.475
In 2004, Swartz leaves Highland Park and enrolls in Stanford University.

0:16:46.475,0:16:51.848
He'd had ulcerative colitis which was very troubling and we were concerned about him taking his medication.

0:16:51.848,0:16:55.863
He got hospitalized and he would take this cocktail of pills every day.

0:16:56.753,0:17:01.093
And one of those pills was a steroid which stunted his growth,

0:17:01.093,0:17:04.782
and made him feel different from any of the other students.

0:17:04.782,0:17:07.828
Aaron, I think, shows up at Stanford ready to do scholarship

0:17:07.828,0:17:12.801
and finds himself in effectively a babysitting program for overachieving high-schoolers

0:17:12.801,0:17:20.828
who in four years are meant to become captains of industry and one-percenters

0:17:20.828,0:17:25.578
and I think it just made him bananas.

0:17:26.077,0:17:29.197
In 2005, after only one year of college,

0:17:29.197,0:17:35.874
Schwartz was offered a spot at a new start-up incubation firm called Y Combinator, lead by Paul Graham.

0:17:36.431,0:17:39.777
He's like, "Hey, I have this idea for a a website."

0:17:39.851,0:17:43.170
And Paul Graham likes him enough, and says, "Yeah, sure."

0:17:43.170,0:17:46.650
Suddenly he drops out of school, moves to this apartment...

0:17:46.668,0:17:49.604
So this used to be Aaron's apartment when he moved here.

0:17:49.604,0:17:55.397
I have vague memories of my father telling me how difficult it was to get a lease

0:17:55.397,0:17:58.737
'cause Aaron had no credit and he dropped out of college.

0:17:58.742,0:18:04.989
Aaron lived in what's now the livingroom and some of the posters are leftovers from when Aaron lived here.

0:18:04.989,0:18:09.889
And the library... there are more books, but a lot of them are Aaron's.

0:18:11.551,0:18:17.511
Aaron's Y Combinator site was called infogami, a tool to build websites.

0:18:17.511,0:18:21.098
But infogami struggles to find users, and Swartz eventually

0:18:21.098,0:18:25.037
merges his company with another Y Combinator project in need of help.

0:18:25.037,0:18:29.919
It was a project headed by Steve Huffman and Alexis Ohanian, called reddit.

0:18:29.919,0:18:33.988
That we were, starting from almost nothing. No users, no money, no code,

0:18:33.988,0:18:37.657
and growing day by day into a hugely popular website.

0:18:37.657,0:18:39.846
And it showed no signs of letting up,

0:18:39.846,0:18:44.373
first we had 1000 users, then 10000, then 20000 and on, and on... It was just incredible...

0:18:44.373,0:18:49.563
reddit becomes huge and it's a real sort of geeky corner of the Internet.

0:18:52.642,0:19:01.220
There's a lot of humor, there's a lot of art, and there's just people who flocked to the site

0:19:01.220,0:19:07.883
and made that site the main site they go to every morning to get their news.

0:19:07.883,0:19:12.008
reddit kind of just borders on chaos at some levels,

0:19:12.008,0:19:19.368
so on the one hand it's a place where people discuss news of the day, technology, politics and issues,

0:19:19.368,0:19:24.824
and yet there is a lot of kind of Not Safe For Work material, offensive material,

0:19:24.824,0:19:29.716
there are some sub-reddits where trolls find a welcome home

0:19:29.716,0:19:33.929
and so, in that sense reddit has been kind of home to controversy, as well.

0:19:33.929,0:19:36.791
It kind of sits on that edge of chaos.

0:19:36.791,0:19:41.081
reddit catches the attention of the corporate magazine giant Condé Nast,

0:19:41.081,0:19:42.938
who makes an offer to buy the company.

0:19:42.938,0:19:46.939
Some large amount of money, large enough that my dad was getting bugged with questions

0:19:46.939,0:19:51.079
about like: "How do I store this money?"

0:19:51.302,0:19:54.272
- Like a lot of money...[br]- Like a lot of money.

0:19:54.272,0:20:00.319
Like probably more than a million dollars, but I don't actually know.

0:20:00.319,0:20:03.461
- And he's how old at the time?[br]- 19 - 20...

0:20:05.165,0:20:11.205
So it was in this apartment, they sat around [br]on what predated these couches

0:20:11.205,0:20:14.675
hacking on reddit, and when they sold reddit

0:20:14.757,0:20:18.641
they threw a giant party, and then all flew[br]out to California the next day

0:20:18.641,0:20:21.885
and left the keys with me.

0:20:24.261,0:20:27.480
It was funny, you know, he'd just sold his start up so we all presumed

0:20:27.480,0:20:29.329
he was the richest person around

0:20:29.329,0:20:33.920
but he said, "Oh no, I'll take this tiny little[br]shoe-box sized room. That's all I need."

0:20:33.920,0:20:36.146
It was barely larger than a closet.

0:20:36.146,0:20:42.499
The idea of him spending his money on[br]fancy objects just seemed so implausible.

0:20:42.580,0:20:47.590
He explains it as "I like living in apartments so I'm not going to spend a lot of money on a new place to live, I'm not gonna buy a mansion.

0:20:47.750,0:20:49.888
And I like wearing jeans and a T-shirt,

0:20:50.016,0:20:52.046
so I'm not going to spend any more money on clothes.

0:20:52.046,0:20:54.576
So it's really no big deal."

0:20:54.576,0:20:57.966
What is a big deal to Swartz is how traffic [br]flows on the internet.

0:20:58.140,0:21:00.680
And what commands our attention.

0:21:00.844,0:21:04.252
In the old system of broadcasting, you're[br]fundamentally limited by the amount of

0:21:04.252,0:21:08.583
space in the airwaves. You can only send out ten channels over the airwaves, television

0:21:08.583,0:21:10.915
or even with cable, you had 500 channels.

0:21:11.003,0:21:15.593
On the Internet, everybody can have a channel. [br]Everyone can get a blog, or a Myspace page.

0:21:15.690,0:21:18.274
Everyone has a way of expressing themselves. [br]

0:21:18.274,0:21:21.280
What you see now is not a question of who gets[br]access to the airwaves,

0:21:21.280,0:21:25.100
it's a question of who gets control over the [br]ways you find people.

0:21:25.120,0:21:29.286
You know, you start seeing power centralizing in sites like Google, they are sort of gate-keepers that tell you

0:21:29.286,0:21:30.993
where on the internet you want to go.

0:21:30.993,0:21:34.273
The people who provide you your sources of news and information.

0:21:34.273,0:21:38.314
So it's not only certain people have a license to speak, now everyone has

0:21:38.314,0:21:40.904
a license to speak. It's a question of who gets heard.

0:21:45.196,0:21:49.806
After he started working in San Francisco [br]at Condé Nast, he comes into the office

0:21:49.806,0:21:53.792
and they want to give him a computer with all[br]this crap installed on it

0:21:53.792,0:21:57.273
and say he can't install any new things [br]on his computer,

0:21:57.273,0:21:59.375
which to developers is outrageous.

0:21:59.375,0:22:02.095
From the first day he was complaining[br]about all the stuff.

0:22:05.317,0:22:11.147
"Gray walls, gray desks, gray noise. The first[br]day I showed up here, I simply couldn't take it.

0:22:11.147,0:22:15.483
By lunchtime, I had literally locked myself [br]in a bathroom stall and started crying.

0:22:15.483,0:22:18.285
I can't imagine staying sane with someone[br]buzzing in my ear all day[br]

0:22:18.285,0:22:21.575
Let alone getting any actual work done. [br]

0:22:21.575,0:22:24.087
Nobody else seems to get work done here either

0:22:24.087,0:22:27.587
Everybody's always coming into our room to [br]hang out and chat, or invite us to play [br][br]

0:22:27.587,0:22:29.927
the new video game system that Wired is testing."

0:22:32.972,0:22:37.867
He really had different aspirations that were politically oriented.

0:22:37.987,0:22:41.862
And Silicon Valley just doesn't really quite have that culture

0:22:41.862,0:22:46.967
that orients technical activity for the purposes of political goals.

0:22:47.237,0:22:49.613
Aaron hated working for a corporation.

0:22:49.613,0:22:53.673
They all hate working for Condé Nast, but Aaron[br]is the only one who is not going to take it.

0:22:53.694,0:22:55.884
And Aaron basically gets himself fired.

0:22:55.903,0:22:58.313
By not showing up to work, ever.

0:23:01.183,0:23:05.434
It was said to be a messy break-up. [br]Both Alexis Ohanian and Steve Huffman

0:23:05.447,0:23:08.277
declined to be interviewed for this film.

0:23:09.251,0:23:15.891
He rejected the business world. One of the really important things to remember about

0:23:15.891,0:23:22.664
that choice when Aaron decided to leave start-up[br]culture is that he was also leaving behind

0:23:22.664,0:23:31.334
the things that had made him famous and well-loved.[br]He was at risk of letting down fans.

0:23:31.422,0:23:35.866
He got to where he was supposed to be going, and had the self-awareness

0:23:35.866,0:23:43.051
and the orneriness to realize that he had climbed the mountain of shit to pluck

0:23:43.051,0:23:45.849
the single rose and discovered that he'd lost his sense of smell.

0:23:45.849,0:23:50.399
And rather than sit there and insist that it wasn't as bad as it seemed,

0:23:50.399,0:23:53.693
and he did get the rose in any event,

0:23:53.693,0:23:57.413
he climbed back down again, which is pretty cool.

0:23:58.026,0:24:01.728
The way Aaron always thought it is that [br]programming is magic.

0:24:01.728,0:24:07.110
You can accomplish these things that normal[br]humans can't, by being able to program.

0:24:07.110,0:24:13.310
So if you had magical powers, would you use [br]them for good, or to make you mountains of cash?

0:24:15.009,0:24:18.478
Swartz was inspired by one of the visionaries[br]he had met as a child.

0:24:18.478,0:24:22.387
The man who had invented the World Wide Web,[br]Tim Berners-Lee.

0:24:22.387,0:24:25.938
In the 1990s, Berners-Lee was arguably sitting on

0:24:25.938,0:24:29.260
one of the most lucrative inventions of [br]the 20th century. [br]

0:24:29.260,0:24:35.137
But instead of profiting from the invention [br]of the World Wide Web, he gave it away for free.

0:24:36.067,0:24:39.707
It is the only reason the World Wide Web exists today.

0:24:41.118,0:24:45.261
Aaron is certainly deeply influenced by Tim.

0:24:45.261,0:24:50.928
Tim is certainly a very prominent early Internet genius, who doesn't in any sense cash out.

0:24:50.928,0:24:55.865
He's not at all interested in how he's going to figure out how to make a billion dollars.

0:24:55.865,0:24:57.829
People were saying, "Ah there's money to be made there",

0:24:57.829,0:25:00.636
so there would have been lots of little webs.

0:25:00.636,0:25:02.139
Instead of one big one.

0:25:02.139,0:25:05.030
And one little web, all sorts of webs doesn't work,

0:25:05.030,0:25:08.080
because you can't follow links from one to the other.

0:25:10.173,0:25:14.112
You had to have the critical masses, the thing was the entire planet,

0:25:14.112,0:25:17.172
so it's not going to work unless the whole planet can get on board.

0:25:24.141,0:25:28.372
I feel very strongly that it's not enough to just live in the world as it is,

0:25:28.702,0:25:34.732
it's just kind of take what you're given, and you know follow the things that adults told you to do,

0:25:34.732,0:25:39.032
and that your parents told you to do, and that society tells you to do. I think you should always be questioning.

0:25:39.045,0:25:43.145
I take this very scientific attitude, that [br]everything you've learned is just provisional,

0:25:43.405,0:25:49.267
you know, it's always open to recantation or refutation or [br]questioning, and I think the same applies to society.

0:25:49.267,0:25:53.491
Once I realized that there were real serious problems, fundamental problems

0:25:53.491,0:25:58.601
that I could do something to address, I didn't see a way to forget that, I didn't see a way not to.

0:26:02.600,0:26:04.831
We just started spending a lot of time,[br]

0:26:04.831,0:26:06.621
just kind of as friends.

0:26:08.912,0:26:11.884
We would just talk for hours, into the night.

0:26:14.393,0:26:18.110
I definitely should have understood that he was flirting with me. I think to some degree

0:26:18.110,0:26:23.980
I was like, this is a terrible idea, and impossible, and therefore I will pretend it is not happening.

0:26:25.161,0:26:28.937
As my marriage was breaking down and I was[br]really stuck without anywhere to go, [br]

0:26:28.937,0:26:32.927
we became roommates, and I brought my daughter over.

0:26:34.081,0:26:37.246
We moved in and furnished the house, and it [br]was really peaceful.

0:26:37.246,0:26:40.816
My life had not been peaceful for a while, and really neither had his.

0:26:46.225,0:26:54.073
We were extremely close from the beginning of our romantic relationship.

0:26:54.073,0:26:57.633
We just...we were in constant contact.

0:26:57.633,0:27:02.432
But we're both really difficult people to deal with.

0:27:04.495,0:27:10.865
In a very Ally McBeal discussion he confessed he had a theme song, and I made him play it for me.

0:27:12.345,0:27:16.504
It was Extraordinary Machine, by Fiona Apple.

0:27:16.504,0:27:24.154
I think it was just that sense of being a little bit embattled that the song has.

0:27:25.054,0:27:27.697
And it also had this hopefulness to it.[br]

0:27:27.837,0:27:34.418
♪ By foot it's a slow climb. But I'm good[br]at being uncomfortable so I can't stop...

0:27:34.418,0:27:36.689
changing all the time ♪

0:27:36.689,0:27:44.481
In many ways, Aaron was tremendously optimistic[br]about life. Even when he didn't feel it, [br]

0:27:44.481,0:27:47.041
he could be tremendously optimistic about life.

0:27:47.041,0:27:49.561
♪ Extraordinary machine ♪

0:27:53.237,0:27:58.317
- What are you doing?[br](Quinn) - Flicker has video now.

0:27:59.730,0:28:01.743
Swartz threw his energy into a string of new

0:28:01.743,0:28:04.731
projects involving access to public information.

0:28:04.731,0:28:08.189
Including an accountability webside called[br]Watchdog.net

0:28:08.189,0:28:10.799
and a project called The Open Library.

0:28:10.986,0:28:15.299
So the Open Library Project is a website you can visit at openlibrary.org

0:28:15.299,0:28:19.778
and the idea is to be a huge wiki, an editable website with one page per book.

0:28:19.778,0:28:23.910
So for every book ever published, we want to have a web page about it that combines

0:28:23.910,0:28:29.551
all the information from publishers, from booksellers, from libraries, from readers

0:28:29.551,0:28:34.587
onto one site. And then gives you links where[br]you can buy it, you can borrow it, or you can browse it.

0:28:34.587,0:28:39.958
I love libraries. I'm the kind of person who [br]goes to a new city and immediately seeks out the library

0:28:39.958,0:28:44.050
That's the dream of Open Library, is building this website where both you can leap

0:28:44.050,0:28:49.297
from book to book, from person to author, from subject to idea. Go through this vast tree

0:28:49.297,0:28:54.127
of knowledge that's been embedded and lost in big physical libraries, that's hard to find,

0:28:54.177,0:28:59.086
that's not very well accessible online. It's really important because books are our cultural legacy.

0:28:59.086,0:29:01.283
Books are the place people go to write things down,

0:29:01.283,0:29:05.813
and to have all that swallowed up by one corporation is kind of scary.

0:29:06.730,0:29:10.771
How can you bring public access to the public domain?

0:29:10.771,0:29:14.828
It may sound obvious that you'd have public access to the public domain,

0:29:14.828,0:29:21.368
but in fact it's not true. So the public domain should be free to all, but it's often locked up.

0:29:21.378,0:29:26.756
There's often guard cages. It's like having a national park but with a moat around it,

0:29:26.756,0:29:33.245
and gun turrets pointed out, in case somebody may want to actually come and enjoy the public domain.

0:29:33.245,0:29:39.458
One of the things Aaron was particularly interested in was bringing public access to the public domain.

0:29:39.458,0:29:43.258
This is one of the things that got him into so much trouble.

0:29:46.254,0:29:52.794
I had been trying to get access to federal court records in the United States.

0:29:54.458,0:29:59.108
What I discovered was a puzzling system, called Pacer.

0:29:59.518,0:30:03.124
Which stands for Public Access to Court Electronic Records.

0:30:03.124,0:30:07.314
I started Googling, and that's when I ran[br]across Carl Malamud.

0:30:08.886,0:30:14.997
Access to legal materials in the U.S. is a[br]$10 billion per year business.

0:30:14.997,0:30:23.004
Pacer is just this incredible abomination[br]of government services. It's 10 cents a page,

0:30:23.004,0:30:27.471
it's this most braindead code you've ever seen. You can't search it, you can't bookmark anything.

0:30:27.471,0:30:31.891
You've got to have a credit card, and these are public records.

0:30:31.891,0:30:37.429
U.S. district courts are very important, it's[br]where a lot of our seminal litigation starts.

0:30:37.429,0:30:44.369
Civil rights cases, patent cases, all sorts of stuff. Journalists, students, citizens and lawyers

0:30:44.369,0:30:48.637
all need access to Pacer and it fights them every step of the way.

0:30:48.637,0:30:55.246
People without means can't see the law as readily as people that have that gold American Express card.

0:30:55.246,0:30:57.776
It's a poll tax on access to justice.

0:30:57.946,0:31:04.096
You know the law is the operating system of our democracy and you have to pay to see it?

0:31:04.246,0:31:07.135
You know, that's not much of a democracy.

0:31:07.135,0:31:11.869
They make about 120 million dollars a year on the Pacer system

0:31:11.869,0:31:18.236
and it doesn't cost anything near that, according to their own records. In fact, it's illegal.

0:31:18.937,0:31:25.834
The E-government Act of 2002 states that the courts may charge only to the extent necessary,

0:31:25.834,0:31:29.591
in order to reimburse the costs of running Pacer.

0:31:34.621,0:31:40.160
As the founder of Public.Resource.Org, Malamud wanted to protest the Pacer charges.

0:31:40.160,0:31:43.300
He started a program called the Pacer Recycling Project,

0:31:43.300,0:31:47.297
where people could upload Pacer documents they had already paid for

0:31:47.297,0:31:50.334
to a free database so others could use them.

0:31:50.334,0:31:55.331
The Pacer people were getting a lot of flack from Congress and others about public access,

0:31:55.336,0:32:00.925
and so they put together a system in 17 libraries across the country that was free Pacer access.

0:32:01.885,0:32:07.625
You know, that's one library every 22,000 square miles, I believe, so it wasn't like really convenient.

0:32:08.095,0:32:12.173
I encouraged volunteers to join the so-called Thumb Drive Court,

0:32:12.173,0:32:17.157
and download docs from the public access libraries, upload them to the Pacer recycling site.

0:32:17.157,0:32:20.813
People take a thumb drive into one of these libraries and they download a bunch of documents

0:32:20.813,0:32:25.089
and they send them to me... I mean, it was just a joke.

0:32:25.089,0:32:28.636
In fact, when you clicked on Thumb Drive Court, there was a Wizard of Oz [movie clip],

0:32:28.636,0:32:32.111
you know, the Munchkin singing, so a videoclip came up:

0:32:32.173,0:32:35.034
♪ We represent the lollipop guild. ♪

0:32:35.260,0:32:39.386
But of course I get this phone calls from Steve Shultz and Aaron, saying:

0:32:39.621,0:32:43.047
Gee, we'd like to join the Thumb Drive Court.

0:32:43.377,0:32:47.544
Around that time I ran into Aaron at a conference.

0:32:47.544,0:32:51.633
This is something that really has to be a collaboration between a lot of different people.

0:32:51.633,0:32:53.347
So I approached him and I said:

0:32:53.347,0:32:58.195
Hey, I am thinking about an intervention on the Pacer problem.

0:32:59.865,0:33:04.442
Schultz had already developed a program that could automatically download Pacer documents

0:33:04.442,0:33:06.459
from the trial libraries.

0:33:06.459,0:33:08.796
Swartz wanted to take a look.

0:33:08.796,0:33:13.481
So, I showed him the code and I didn't know what would come next,

0:33:13.481,0:33:19.033
but as it turns out, over the course of the next few hours at that conference,

0:33:19.033,0:33:24.588
he was off sitting in a corner, improving my code, recruiting a friend of his

0:33:24.588,0:33:32.139
that lived near one of these libraries to go into the library and to begin to test his improved code,

0:33:32.139,0:33:38.440
at which point the folks at the courts realized something is not going quite according to plan.

0:33:38.440,0:33:42.901
And data started to come in, and come in, and come in

0:33:42.901,0:33:47.632
and soon there was 760 GB of Pacer docs, about 20 million pages.

0:33:48.862,0:33:52.098
Using information retrieved from the trial libraries,

0:33:52.098,0:33:57.304
Swartz was conducting massive automated parallel downloading of the Pacer system.

0:33:57.304,0:34:04.360
He was able to acquire nearly 2.7 million Federal Court documents, almost 20 million pages of text.

0:34:04.360,0:34:09.865
Now I'll grant you that 20 million pages had perhaps exceed the expectations of the people

0:34:09.865,0:34:14.535
running the pilot access project, but surprising a bureaucrat isn't illegal.

0:34:14.830,0:34:19.096
Aaron and Carl decided to go talk to The New York Times about what happened.

0:34:19.731,0:34:26.500
They also caught the attention of the FBI, who began to stake out Swartz's parents' house in Illinois.

0:34:26.639,0:34:31.053
And I get a tweet from his mother, saying: "Call me!!"

0:34:31.053,0:34:34.127
So, I think, like, what the hell's going on here?

0:34:34.127,0:34:38.981
And so, finally I get a hold of Aaron and, you know, Aaron's mother was like: "Oh my God, FBI, FBI, FBI!"

0:34:40.271,0:34:45.831
An FBI agent drives down our home's driveway, trying to see if Aaron is, like, in his room.

0:34:47.164,0:34:51.899
I remember being home that day, and wondering why this car was driving down our driveway,

0:34:51.899,0:34:55.110
and just driving back up. That's weird!

0:34:56.719,0:35:04.953
Like, five years later I read this FBI file, like, oh my goodness: that was the FBI agent, in my driveway.

0:35:05.185,0:35:09.009
He was terrified. He was totally terrified.

0:35:09.959,0:35:14.920
He was way more terrified after the FBI actually called him up on the phone,

0:35:15.280,0:35:19.302
and tried to sucker him into coming down to a coffee shop without a lawyer.

0:35:19.322,0:35:23.664
He said he went home and lay down on the bed and, you know, was shaking.

0:35:25.511,0:35:30.006
The downloading also uncovered massive privacy violations in the court documents.

0:35:30.242,0:35:34.922
Ultimately, the courts were forced to change their policies as a result.

0:35:34.922,0:35:39.850
And the FBI closed their investigation without bringing charges.

0:35:39.850,0:35:42.722
To this day, I found it remarkable.

0:35:42.722,0:35:47.823
That anybody, even the most remote podunk field office of the FBI

0:35:47.823,0:35:52.327
thought that a fitting use for tax-payers dollars was investigating people

0:35:52.327,0:35:55.491
for criminal theft on the grounds that they had made the law public.

0:35:55.491,0:35:57.746
How can you call yourself a lawman

0:35:58.055,0:36:02.055
And think that there could possibly be anything wrong in this whole world

0:36:02.055,0:36:03.815
with making the law public ?

0:36:03.815,0:36:09.455
Aaron was willing to put himself at risk for the causes that he believed in.

0:36:09.455,0:36:15.586
Bothered by wealth disparity, Swartz moves beyond technology and into a broader range of political causes.

0:36:15.586,0:36:21.786
I went into Congress and I invited him to come and hang out and intern for us for a while

0:36:21.812,0:36:25.182
so that he could learn, you know, the political process.

0:36:25.194,0:36:31.194
He was sort of learning about new community and new sets of skills and kind of learning to hack politics.

0:36:31.194,0:36:36.506
It seems ridiculous that miners should have to hammer away until their whole bodies are dripping with sweat

0:36:36.506,0:36:41.276
faced with the knowledge that if they dare to stop, they won't able to put food on their table that night.

0:36:41.306,0:36:46.576
While I get to make larger and larger amounts of money each day just by sitting and watching TV.

0:36:46.648,0:36:48.898
But apparently the world <i>is</i> ridiculous.

0:36:49.025,0:36:53.035
So, I co-founded a group called "The Progressive Change Campaign Committee",

0:36:53.058,0:36:58.298
and what we try and do is we try to organize people over the Internet who care about progressive politics

0:36:58.318,0:37:00.568
and moving the country toward a more progressive direction.

0:37:00.570,0:37:03.787
To kind of come together, join our e-mail list, join our campaign

0:37:03.787,0:37:06.297
and help us to get progressive candidates elected all across the country.

0:37:06.326,0:37:12.656
The group is responsible for igniting the grassroots effort behind the campaign to elect Elizabeth Warren to the Senate.

0:37:12.806,0:37:17.896
He might have thought it was a dumb system but he came in and he said, "I need to learn this system,

0:37:17.900,0:37:21.480
because it can be manipulated like any, you know, like any social system".

0:37:21.540,0:37:25.850
But his passion for knowledge and libraries didn't take a back seat.

0:37:25.855,0:37:31.170
Aaron began to take a closer look at the institutions that publish academic journal articles.

0:37:31.520,0:37:35.630
By virtue of being students at a major US university, I assume you have access

0:37:35.630,0:37:38.760
to a wide variety of scholarly journals.

0:37:38.760,0:37:43.851
Pretty much every major university in the United States pays these sort of licensing fees to organizations like

0:37:43.851,0:37:50.952
Jstor and Thompson Isi to get access to scholarly journals that the rest of the world can't read.

0:37:51.054,0:37:57.278
These scholarly journals and articles are essentially the entire wealth of human knowledge online

0:37:57.278,0:38:02.278
And many have been paid for with taxpayer money or with government grants.

0:38:02.413,0:38:08.639
But to read them, you often have to pay again handing over steep fees to publishers like Reed-Elsevier.

0:38:08.801,0:38:14.732
These licenses fees are so substantial that people who are studying in India instead of studying in United States

0:38:15.128,0:38:18.937
don't have this kind of access, they are locked out from all of these journals.

0:38:19.253,0:38:23.247
They are locked out from our entire scientific legacy.

0:38:23.247,0:38:27.361
I mean, a lot of these journal articles, they go back to the Enlightenment.

0:38:27.361,0:38:32.467
Every time someone has written down a scientific paper, it's been scanned, digitized and put in these collections.

0:38:32.467,0:38:39.766
That is a legacy that has been brought to us by the history of people doing interesting work, the history of scientists.

0:38:39.766,0:38:43.167
It's a legacy that should belong to us as a commons, as a people,

0:38:43.167,0:38:48.127
but instead, it has been locked up and put online by an handful of for-profit corporations

0:38:48.127,0:38:53.044
who then try to get the maximum profit they can out of it.

0:38:53.464,0:38:58.769
So a researcher paid by the university or the people publishes a paper

0:38:58.769,0:39:02.312
and at the very, very last step of that process, after all the work is done

0:39:02.312,0:39:07.031
after all the original researches and the thinking, the lab work, the analysis, after everything is done

0:39:07.031,0:39:13.359
at that last stage, then the researcher has to hand over his or her copyright to this multi-billion dollar company.

0:39:14.488,0:39:18.238
And it's sick. It's an entire economy built on volunteer labor

0:39:18.238,0:39:21.080
and then the publishers sit at the very top and scrapes off the cream.

0:39:21.930,0:39:28.968
Talk about a scam. One publisher in Britain made a profit of three billion dollars last year.

0:39:28.968,0:39:30.484
I mean, what a racket!

0:39:30.494,0:39:34.321
JSTOR is just a very, very small player in that story

0:39:34.321,0:39:41.068
but, for some reason, JSTOR is the player that Aaron decided to confront.

0:39:41.068,0:39:45.009
He'd gone to some conference around Open Access and Open Publishing,

0:39:45.009,0:39:47.070
and I don't know who the person from JSTOR was,

0:39:47.070,0:39:50.368
but I think they, at some point Aaron asked the question, like:

0:39:50.368,0:39:54.606
"How much would it cost to open up JSTOR in perpetuity?"

0:39:54.606,0:39:58.225
And they gave some, I think it was two hundred million dollars,

0:39:58.225,0:40:00.422
something that Aaron thought was totally ridiculous.

0:40:01.166,0:40:07.452
Working on a fellowship at Harvard, he knew users on MIT's famously open and fast network next door

0:40:07.452,0:40:12.238
had authorized access to the riches of JSTOR. Swartz saw an opportunity.

0:40:12.238,0:40:14.434
You have a key to those gates

0:40:14.434,0:40:19.694
and with a little bit of shell script magic, you can get those journal articles.

0:40:21.302,0:40:23.492
On September 24th 2010,

0:40:23.492,0:40:27.301
Swartz registered a newly purchased Acer laptop

0:40:27.301,0:40:31.479
on the MIT network, under the name Garry Host.

0:40:31.479,0:40:36.169
The client name was registered as Ghost laptop.

0:40:36.169,0:40:38.990
He doesn't hack JSTOR in the traditional sense of hacking.

0:40:38.990,0:40:40.943
The JSTOR database was organized,

0:40:40.943,0:40:44.500
so it was completely trivial to figure out how you could download all the articles in JSTOR,

0:40:44.500,0:40:46.567
because it was basically numbered.

0:40:46.567,0:40:52.351
It was basically slash slash slash... number article 400 and 44000, 24 and 25 and 26.

0:40:52.351,0:40:55.784
He wrote a Python script called keepgrabbing.pi,

0:40:55.784,0:40:58.607
which was, like, keeping grabbing one article after another.

0:40:58.607,0:41:02.210
The next day, Ghost laptop begins grabbing articles,

0:41:02.210,0:41:08.765
but soon, the computer's IP address is blocked. For Swartz, it'a barely a bump in the road.

0:41:08.765,0:41:13.628
He quickly reassigns his computer's IP address and keeps downloading.

0:41:13.628,0:41:18.172
Well, JSTOR and MIT take a number of steps to try to interfere with this,

0:41:18.172,0:41:19.766
when they notice that this is happening,

0:41:19.766,0:41:22.184
and when the more modest steps don't work,

0:41:22.184,0:41:27.171
then at a certain stage, JSTOR just cuts off MIT from having access to the JSTOR database.

0:41:27.171,0:41:29.713
So there's a kind of cat-and-mouse game around

0:41:29.713,0:41:33.876
getting access to the JSTOR database.

0:41:33.876,0:41:39.920
Aaron, ultimately, obviously is the cat because he has more technical capability

0:41:39.920,0:41:42.921
than the JSTOR database people do in defending them.

0:41:42.921,0:41:47.228
Eventually, there was an unlocked supply closet in the basement of one of the buildings

0:41:47.228,0:41:51.495
and he went, instead of going through wi-fi, he went down there and he just plugged his computer directly into the network

0:41:51.495,0:41:56.541
and just left it there with an external hard drive downloading these articles to the computer.

0:41:56.541,0:42:01.812
Unknown to Swartz, his laptop and hard drive had been found by authorities.

0:42:02.882,0:42:05.736
They didn't stop the downloads.

0:42:05.736,0:42:09.001
Instead, they installed a surveillance camera.

0:42:10.584,0:42:14.540
They found the computer in this room in the basement of an MIT building.

0:42:15.382,0:42:19.759
They could have unplugged it, they could have waited for the guy to come back and said,

0:42:19.759,0:42:23.764
"Dude, what are you doing, you know, cut it out. Who are you?"

0:42:23.764,0:42:25.887
They could have done all that kind of stuff, but they didn't.

0:42:25.887,0:42:30.182
What they wanted to do was film it to gather evidence to make a case.

0:42:30.182,0:42:36.477
That's the only reason [why] you film something like that.

0:42:37.667,0:42:42.082
At first, the only person caught on the glitchy surveillance camera

0:42:42.082,0:42:46.475
was using the closet as a place to store bottles and cans.

0:42:53.202,0:42:57.033
But days later, it caught Swartz.

0:43:06.185,0:43:10.658
Swartz is replacing the hard drive. He takes it out of his backpack,

0:43:11.240,0:43:14.517
leans out of frame for about five minutes,

0:43:15.014,0:43:21.863
and then leaves.

0:43:37.238,0:43:41.775
And then they, like, organized like a stakeout where, as he was biking home from MIT,

0:43:41.899,0:43:44.554
these cops came out from like either side of the road,

0:43:44.614,0:43:48.436
or something like that, and started going after him.

0:43:49.199,0:43:54.436
He describes that he was pressed down, and assaulted by the police.

0:43:55.207,0:43:58.382
He tells me that they--it's unclear that they were police that were after him.

0:43:58.382,0:44:02.797
He thought that someone was trying to attack him.

0:44:02.797,0:44:05.914
He does tell me they beat him up.

0:44:08.395,0:44:15.406
It was just devastating. The notion of any kind of criminal prosecution of anyone in our family or anything

0:44:15.406,0:44:18.358
was so foreign and incomprehensible, I didn't know what to do.

0:44:18.409,0:44:24.232
Well, they execute search warrants at Aaron's house, his apartment in Cambridge, in his office at Harvard.

0:44:27.972,0:44:33.587
Two days before the arrest, the investigation had gone beyond JSTOR and the local Cambridge police.

0:44:33.964,0:44:37.661
It had been taken over by the United States Secret Service.

0:44:38.061,0:44:42.531
The Secret Service began investigating computer and credit card fraud in 1984,

0:44:42.807,0:44:47.290
but six weeks after the attack on 9/11, their role expanded.

0:44:47.290,0:44:49.363
[applause]

0:44:49.532,0:44:56.061
President Bush used The Patriot Act to establish a network of what they called "Electronic Crimes Task Forces"

0:44:56.791,0:45:01.328
The bill before me takes account of the new realities and dangers posed by modern terrorists.

0:45:01.643,0:45:06.580
According to the Secret Service, they are primarily engaged in activity with economic impact,

0:45:06.841,0:45:11.169
organized criminal groups, or use of schemes involving new technology.

0:45:11.384,0:45:15.866
The Secret Service turned Swartz's case over to the Boston U.S. Attorney's office.

0:45:16.246,0:45:18.722
There was a guy in the U.S. attorney's office who had the title:

0:45:19.054,0:45:21.895
"Head of the Computer Crimes Division or Task Force"

0:45:22.179,0:45:24.317
I don't know what else he had going,

0:45:24.455,0:45:29.477
but you're certainly not much of a "Computer Crimes Prosecutor" without a computer crime to prosecute,

0:45:29.994,0:45:35.095
so he jumped on it, kept if for himself, didn't assign it to someone else within the office or the unit

0:45:35.564,0:45:37.638
and that's Steve Heymann.

0:45:37.806,0:45:41.896
Prosecutor Stephen Heymann has been largely out of public view since the arrest of Aaron Swartz,

0:45:41.896,0:45:46.793
but he can be seen here, in an episode of the television show "American Greed",

0:45:46.793,0:45:49.550
filmed around the time of Aaron's arrest.

0:45:49.550,0:45:53.378
He is describing his previous case against the notorious hacker Alberto Gonzales,

0:45:53.652,0:45:56.899
a case that garnered Heymann enormous press attention and accolades.

0:45:57.273,0:46:02.017
Gonzales masterminded the theft of over a hundred million credit card and ATM numbers,

0:46:02.209,0:46:04.537
the largest such fraud in history.

0:46:04.852,0:46:09.983
Here, Heymann, describing Gonzales, gives his view on the hacker mindset:

0:46:10.263,0:46:16.178
These guys are driven by a lot of the same things that we're driven by.

0:46:16.515,0:46:24.774
They have an ego, they like challenge, and of course they like money and everything you can get for money.

0:46:25.134,0:46:29.891
One of the suspects implicated in the Gonzales case was a young hacker named Jonathan James.

0:46:30.254,0:46:33.127
Believing Gonzales' crimes would be pinned on him,

0:46:33.420,0:46:36.929
James committed suicide during the investigation.

0:46:37.139,0:46:40.865
In an early press release describing the government's position in the case of Aaron Swartz,

0:46:41.115,0:46:45.974
Heymann's boss, US Attorney for the district of Massachussets Carmen Ortiz, said this :

0:46:46.261,0:46:50.093


0:46:50.478,0:46:53.751


0:46:53.811,0:46:56.803
It is not true; it's obviously not true.

0:46:56.803,0:46:59.057
I'm not saying it's harmless,

0:46:59.057,0:47:05.502
and I'm not saying that we shouldn't criminalize stealing of information

0:47:06.218,0:47:09.063
but you got to be much more subtle

0:47:09.063,0:47:14.261
in trying to figure out exactly which kinds of harms are harmful here.

0:47:14.897,0:47:18.957
So the thing about the crowbar is, every time I break into a place with a crowbar

0:47:18.957,0:47:21.768
I do damages, there is no doubt about it.

0:47:21.768,0:47:24.005
But when Aaron writes a script that says

0:47:24.206,0:47:28.329
download download download, a hundred times in a second,

0:47:28.329,0:47:31.047
there's no obvious damage to anybody.

0:47:31.047,0:47:36.148
If he does that for the purpose of gathering an archive to do academic researcher on it

0:47:36.211,0:47:38.621
there is never any damage to anybody.

0:47:38.659,0:47:42.925
He wasn't stealing, he wasn't selling what he got, or giving it away.

0:47:42.925,0:47:45.671
He was making a point, for as far as I could tell.

0:47:45.671,0:47:48.149
The arrest took its toll on Swartz.

0:47:48.230,0:47:49.712
He just wouldn't talk about it.

0:47:49.819,0:47:51.466
I mean, he was very stressed.

0:47:51.706,0:47:56.424
If you would thought that, like, the FBI was like going to come to your doorstep any day,

0:47:56.424,0:47:59.604
anytime you went down the hall, even to do your laundry,

0:47:59.604,0:48:03.170
and they'd break in into your apartment 'cause you left the door unlocked,

0:48:03.170,0:48:06.545
like... I'd be pretty stressed.

0:48:06.545,0:48:12.727
And it was clear, and so Aaron was always sort of... like in a dour mood.

0:48:18.800,0:48:24.093
He wouldn't give off any sensitive information about his whereabouts during this time,

0:48:24.111,0:48:28.345
because he was so afraid that the FBI would be waiting for him.

0:48:31.445,0:48:35.452
It was a time of unprecedented social and political activism.

0:48:35.702,0:48:41.811
Time Magazine would later name as their 2011 Person of the Year "The Protester".

0:48:42.348,0:48:46.925
There was a kind of hotbed of hacker activity going on.

0:48:49.056,0:48:53.442
WikiLeaks had released a trove of diplomatic cables,

0:48:53.907,0:48:56.491
Manning had been under arrest at the time,

0:48:56.526,0:48:59.933
it was unknown whether he was the source of the leak.

0:49:00.586,0:49:04.801
Anonymous, which is a kind of protest ensemble that

0:49:04.801,0:49:07.129
has a lot of hackers in its ranks,

0:49:07.834,0:49:11.357
were going on various sprees of sorts.

0:49:11.745,0:49:14.107
If you compare that to what he did,

0:49:14.107,0:49:17.902
this stuff should have been left behind for MIT and JSTOR to deal with,

0:49:18.596,0:49:22.048
in a kind of private, professional matter.

0:49:22.395,0:49:27.657
It should have never gotten the attention of the criminal system.

0:49:28.425,0:49:31.870
It just didn't belong there.

0:49:32.190,0:49:36.055


0:49:36.645,0:49:39.720
Before he was indicted, Swartz was offered a plea deal

0:49:40.151,0:49:43.230
that involved three months in prison, time in an half-way house,

0:49:43.230,0:49:45.535
and a year of home detention,

0:49:45.599,0:49:48.006
all without the use of a computer.

0:49:48.170,0:49:52.460
It was on the condition that Swartz plead guilty to a felony.

0:49:52.806,0:49:56.789
Here we are, we have no discovery, no evidence whatsoever

0:49:57.075,0:49:58.793
about what the government's case is,

0:49:58.974,0:50:01.821
and we have to make this immense decision

0:50:01.976,0:50:05.464
where the lawyer is pushing you to do this,

0:50:05.746,0:50:09.732
the government is giving you a non-negotiable demand,

0:50:10.041,0:50:13.360
and you're told that you're likelyhood of prevailing is small.

0:50:13.617,0:50:18.563
So whether you're guilty or not, you're better off taking, taking the deal.

0:50:18.908,0:50:20.940
Boston has its own Computer Crimes Division,

0:50:21.315,0:50:25.208
lots of lawyers, probably more lawyers than they need.

0:50:25.999,0:50:30.664
So, you know, you can imagine all sorts of cases that will be really hard to prosecute,

0:50:30.737,0:50:32.897
because you've got some criminals in Russia,

0:50:33.261,0:50:35.997
or you've got some people inside of a corporation

0:50:36.254,0:50:40.028
that are gonna five hundred dollar lawyers or seven hundred dollar-an-hour lawyers

0:50:40.028,0:50:43.856
sitting down against you, and then you got this case with this kid

0:50:44.156,0:50:48.022
which is pretty easy to prove that he did something

0:50:48.049,0:50:52.731
and he's already marked himself as a troublemaker with the FBI,

0:50:52.837,0:50:56.551
so why not go as tough as you can against that guy?

0:50:56.551,0:50:59.714
It's good for you the prosecutor, it's good for the Republic,

0:50:59.714,0:51:02.242
'cause you're fighting all those terrorist types.

0:51:02.631,0:51:03.996
I was so scared.

0:51:03.996,0:51:06.053
I was so scared of having my computer seized,

0:51:06.053,0:51:10.228
I was so scared of going to jail because of my computer being seized,

0:51:10.338,0:51:15.293
I had confidential material from sources from my previous work on my laptop,

0:51:15.470,0:51:20.517
and that is above all my priority, is to keep my sources safe.

0:51:20.677,0:51:25.220
I was so scared of what was going to happen to Ada.

0:51:25.400,0:51:27.764
Aaron told me that they offered him a deal

0:51:28.136,0:51:32.853
and he finally just said that he would take it if I told him to.

0:51:33.180,0:51:37.456
And I say, I came real close to saying "Take it".

0:51:37.673,0:51:42.595
He had these, he had developed, like, serious political aspirations

0:51:42.731,0:51:45.622
in the intervening time, between when, you know,

0:51:45.651,0:51:51.218
that moment when he ended that entrepreneurial start-up life,

0:51:51.406,0:51:56.448
and begun this new life that had come to this political activism,

0:51:57.077,0:52:03.834
and he just didn't believe that he could continue in his life with a felony.

0:52:04.180,0:52:07.386
You know, he said to me one day, we were walking by the White House,

0:52:07.386,0:52:12.379
and he said to me: "They don't let felons work there."

0:52:17.801,0:52:22.031
And you know he really, he really wanted that to be his life.

0:52:22.387,0:52:25.440
He hadn't killed anybody, he hadn't hurt anybody,

0:52:25.784,0:52:28.298
he hadn't like stolen money,

0:52:28.489,0:52:32.573
he hadn't done anything that seems felony worthy, right, and...

0:52:34.793,0:52:39.327
there is this idea that like, there is no reason that he should be labelled a felon

0:52:39.357,0:52:42.892
and taken away his right to vote in many states

0:52:43.363,0:52:45.807
for doing what he did like, that's just outrageous.

0:52:45.807,0:52:50.100
Like it makes sense for him to be, you know, maybe fined a bunch of money

0:52:50.100,0:52:54.467
or, you know, asked not to come back to MIT again.

0:52:54.467,0:52:59.454
But like, to be a felon? To face jail time?

0:53:01.516,0:53:04.063
Swartz turned down the plea deal.

0:53:04.342,0:53:07.188
Heymann redoubled his efforts.

0:53:07.523,0:53:12.457
Heymann continued to press us at all... at all levels.

0:53:13.040,0:53:15.667
Even with the physical evidence seized from Aaron's

0:53:15.988,0:53:18.389
Acer computer harddrive and USB drive,

0:53:18.760,0:53:21.503
the prosecutors needed evidence of his motives.

0:53:21.913,0:53:24.847
Why was Aaron Swartz downloading articles from JSTOR,

0:53:25.199,0:53:28.380
and just what did he plan to do with them?

0:53:29.284,0:53:32.167
The government claim was that he was planning to publish these.

0:53:32.709,0:53:36.073
We don't really know whether that was his real intention

0:53:36.310,0:53:43.068
because Aaron also had a history of doing projects where he'd analyze giant data sets of articles

0:53:43.314,0:53:45.443
in order to learn interesting things about them.

0:53:45.746,0:53:48.101
The best evidence for that was that when he was at Stanford,

0:53:48.353,0:53:53.037
he also downloaded the whole Westlaw legal database.

0:53:53.407,0:53:55.948
In a project with Stanford law students,

0:53:56.115,0:53:58.445
Swartz had downloaded the Westlaw legal database.

0:53:58.676,0:54:02.822
He uncovered troubling connections between funders of legal research

0:54:02.822,0:54:04.534
and favorable results.

0:54:04.764,0:54:08.097
He did this amazing analysis of for-profit companies

0:54:08.097,0:54:11.698
giving money to law professors who wrote law review articles

0:54:11.698,0:54:15.517
which were then beneficial to, like, Exxon during an oil spill.

0:54:15.637,0:54:19.391
So it was a very corrupt system of funding, you know, vanity research.

0:54:19.441,0:54:22.694
Swartz had never released the Westlaw documents.

0:54:23.046,0:54:25.599
In theory, he could have been doing the same thing about the JSTOR database.

0:54:25.955,0:54:27.679
That would have been completely okay.

0:54:27.916,0:54:33.521
If he were, on the other hand, intending to create a competitive service to JSTOR,

0:54:33.600,0:54:35.887
like, we're going to set up our own, you know,

0:54:36.075,0:54:39.340
access to the Harvard Law Review and charge, you know, money for it,

0:54:39.340,0:54:42.632
then you know, okay now it seems like criminal violation

0:54:42.632,0:54:45.044
because you are commercially trying to exploit this material,

0:54:45.044,0:54:48.336
but it's kind of crazy to imagine that that was what he was doing.

0:54:48.830,0:54:54.196
So, but then there's the middle case: well, what if he was just trying to liberate it for all of the developing world,

0:54:54.356,0:54:57.195
but depending on what he was doing, it creates a very different character

0:54:57.195,0:55:00.728
to how the law should be thinking about it, um, the government was prosecuting him

0:55:00.728,0:55:03.666
as if this was like a commercial criminal violation,

0:55:03.910,0:55:06.853
like stealing a whole bunch of credit card records, that it was that kind of crime.

0:55:07.001,0:55:10.383
I don't know what he was going to do with that database,

0:55:10.602,0:55:13.845
but I heard from a friend of his that Aaron had told him

0:55:14.014,0:55:18.615
that he was going to analyze the data for evidence of corporate funding of climate change research

0:55:18.736,0:55:24.212
that led to biased results, and I... I totally believe that.

0:55:25.322,0:55:28.638
I was just told that Steve wanted to talk to me...

0:55:29.052,0:55:32.968
um, and I thought that maybe this was a way I could get out of this,

0:55:33.442,0:55:35.138
just, just exit the situation,

0:55:35.508,0:55:38.197
and I didn't want to live in fear of having my computer seized,

0:55:38.579,0:55:42.889
um, I didn't want to live in fear of having to go to jail on a contempt of court charge

0:55:42.889,0:55:46.661
if they tried to compel me to decrypt my computer.

0:55:47.146,0:55:50.546
When they came to me and said, "Steve wants to talk to you",

0:55:50.725,0:55:52.856
that seemed reasonable.

0:55:53.209,0:55:57.649
They offered Norton what is know as a "Queen For A Day" letter or a proffer.

0:55:57.796,0:56:00.822
It allowed prosecutors to ask questions about Aaron's case.

0:56:01.131,0:56:03.854
Norton would be given immunity from prosecution herself,

0:56:04.137,0:56:06.564
for any information she revealed during the meeting.

0:56:06.787,0:56:09.700
I didn't like it... I told my lawyers repeatedly

0:56:09.923,0:56:13.972
that I didn't...this seemed fishy, I didn't like this, I didn't want immunity,

0:56:14.211,0:56:16.325
I didn't need immunity, I hadn't done anything,

0:56:16.566,0:56:19.008
but they were really, really stringent that there was,

0:56:19.172,0:56:21.898
they did not want me meeting the prosecutor without immunity.

0:56:22.144,0:56:24.822
[Interviewer] But just to be clear, this is a "Queen For A Day" deal, a proffer.

0:56:24.822,0:56:26.485
[Norton] Right, a proffer letter.

0:56:26.485,0:56:30.350
[Interviewer] In which you basically handed information to them in exchange for protection from prosecution.

0:56:30.432,0:56:35.713
[Norton] So, um, it wasn't handing information over, it was, at least that's not how I saw it,

0:56:35.944,0:56:38.298
it was just having a discussion, having an interview with them.

0:56:38.329,0:56:40.979
[Interviewer] Well, it's, they're asking you questions...[br][Norton] They're asking me questions...

0:56:41.030,0:56:43.043
[Interviewer] and they can ask about whatever they want.[br][Norton] Right.

0:56:43.043,0:56:45.565
[Interviewer] and whatever they learn...[br][Norton] I really...

0:56:45.737,0:56:49.983
[Interviewer] ... they can't have you prosecuted or that...[br][Norton] Right, and I repeatedly tried to go in naked.

0:56:50.384,0:56:53.448
I repeatedly, I repeatedly tried to turn down the proffer letter.

0:56:53.837,0:56:56.640
I was ill, I was being pressured by my lawyers,

0:56:56.864,0:57:01.102
I was confused, I was not doing well by this point,

0:57:01.389,0:57:05.442
I was depressed and I was scared and I didn't understand the situation I was in

0:57:05.855,0:57:08.960
I had no idea why I was in this situation.

0:57:09.329,0:57:13.192
I hadn't done anything interesting, much less wrong.

0:57:13.496,0:57:15.365
We went out of our minds.

0:57:15.719,0:57:19.280
Aaron was clearly very distraught about it, we were very distraught about it.

0:57:19.361,0:57:21.203
Aaron's attorneys were very distraught about it.

0:57:21.414,0:57:23.584
We tried to get Quinn to change attorneys.

0:57:23.997,0:57:28.304
I was very unused to being in a room with large men, well-armed

0:57:28.304,0:57:33.214
that are continually telling me I'm lying, and that I must have done something.

0:57:33.566,0:57:36.871
I told them that this thing that they were prosecuting

0:57:37.177,0:57:39.730
wasn't a crime.

0:57:40.763,0:57:43.499
I told them that they were on the wrong side of history.

0:57:43.714,0:57:47.262
I used that phrase. I said, "You're on the wrong side of history."

0:57:47.352,0:57:52.297
Um, and they looked bored. They didn't even look angry, they just looked bored,

0:57:52.460,0:57:57.610
and I... it began to occur to me that we weren't having the same conversation.

0:57:57.610,0:58:02.140
I mean, I told them plenty of things, about you know, why people would download journal articles,

0:58:02.140,0:58:05.973
and eventually, I don't remember what was around it...

0:58:05.973,0:58:12.258
I mentioned that he'd done this blog post, the "Guerilla Open Access Manifesto".

0:58:12.749,0:58:16.130
This is the "Guerrilla Open Access Manifesto",

0:58:16.496,0:58:20.032
supposedly written in July 2008 in Italy.

0:58:20.673,0:58:24.827
"Information is power. But like all power, there are those who want to keep it for themselves."

0:58:25.276,0:58:30.149
"The world's entire scientific and cultural heritage,[br]published over centuries in books and journals,[br]

0:58:30.149,0:58:33.634
is increasingly being digitized and locked up by a handful of private corporations."

0:58:34.407,0:58:38.320
"Meanwhile, those who have been locked out are not standing idly by."

0:58:38.408,0:58:41.087
"You have been sneaking through holes and climbing over fences,

0:58:41.087,0:58:44.633
liberating the information locked up by the publishers and sharing them with your friends."

0:58:44.814,0:58:47.812
"But all of this action goes on in the dark, hidden underground."

0:58:48.088,0:58:51.253
"It's called stealing or piracy, as if sharing a wealth of knowledge were

0:58:51.253,0:58:54.661
"the moral equivalent of plundering a ship and murdering its crew."

0:58:54.931,0:58:57.449
"But sharing isn't immoral — it's a moral imperative."

0:58:57.666,0:59:01.248
"Only those blinded by greed would refuse to let a friend make a copy."

0:59:01.719,0:59:04.356
"There's no justice in following unjust laws."

0:59:04.717,0:59:08.413
"It's time to come into the light and, in a grand tradition of civil disobedience,

0:59:08.639,0:59:11.710
declare our opposition to this private theft of public culture."

0:59:12.645,0:59:18.572
The manifesto itself was allegedly written by four different people, and also edited by Norton.

0:59:18.572,0:59:21.603
But it was Swartz, who had signed his name to it.

0:59:21.964,0:59:28.395
When it's over, I go immediately to Aaron and tell him everything I can remember about it.

0:59:29.104,0:59:32.411
And he gets very angry.

0:59:34.502,0:59:37.669
The things that I'd done shouldn't have added up that way.

0:59:40.078,0:59:45.366
I hadn't done anything wrong, and everything had gone wrong.

0:59:47.257,0:59:49.639
But I was never...

0:59:57.302,1:00:00.162
I'm still angry.

1:00:00.789,1:00:06.610
I'm still angry that you could try your best with these people to do the right thing,

1:00:06.610,1:00:09.325
and they'd turn everything against you.

1:00:09.325,1:00:13.591
And they will hurt you with anything they can.

1:00:15.210,1:00:19.297
And in that moment, I regret that I said what I did.

1:00:19.991,1:00:23.495
But my much larger regret is that we have settled for this.

1:00:23.641,1:00:25.947
That we are okay with this.

1:00:26.175,1:00:28.012
That we are okay with the justice system,

1:00:28.012,1:00:32.080
a system that tries to game people into little traps so they can ruin our lives.

1:00:33.080,1:00:35.178
So yeah, I wish I hadn't said that.

1:00:35.585,1:00:40.812
But I'm much, much angrier that this is where I am.

1:00:42.891,1:00:47.505
That this is what we, as a people, think is okay.

1:00:48.358,1:00:52.187
They used every method that I think they could think of

1:00:52.542,1:00:56.973
to get her to provide information which would be unhelpful to Aaron

1:00:57.257,1:01:00.169
and helpful to the prosecution of Aaron.

1:01:00.584,1:01:07.240
But, you know, I don't think she had information that was helpful to the government.

1:01:08.259,1:01:12.051
Months go by, as Swartz's friends and family await a looming indictment.

1:01:12.572,1:01:17.142
In the meantime, Swartz was becoming a go-to expert on a series of internet issues.

1:01:17.142,1:01:19.826
[RT interviewer} ...a question to you then: Do you think that the internet is something

1:01:19.826,1:01:25.166
that should be considered a human right, and something that the government cannot take away from you?

1:01:25.436,1:01:30.454
Yes, definitely, I mean this notion that national security is an excuse to shut down the internet,

1:01:30.576,1:01:34.017
that's exactly what we heard in Egypt and Syria and all these other countries,

1:01:34.017,1:01:38.679
and so, yeah, it's true, sites like WikiLeaks are going to be putting up some embarassing material

1:01:38.728,1:01:42.553
about what the U.S. government does, and people are going to be organizing to protest about it,

1:01:42.553,1:01:45.661
and try and change their government. You know, and that's a good thing,

1:01:45.661,1:01:50.290
that's what all these First Amendment rights of free expression, of freedom of association are all about,

1:01:50.308,1:01:55.134
and so the notion that we should try and shut those down I think, just goes against very basic American principles.

1:01:55.238,1:01:58.133
A principle, I think, is one that our Founding Fathers would have understood.

1:01:58.200,1:02:00.128
If the internet had been around back then,

1:02:00.128,1:02:03.265
instead of putting "post offices" in the Constitution, they would have put "ISPs".

1:02:03.350,1:02:05.901
[RT interviewer] Well, it's definitely interesting to see how far...

1:02:05.965,1:02:10.566
[Narrator] Swartz meets activist Taren Stinebrickner-Kauffman, and the two begin to date.

1:02:10.676,1:02:12.599
Aaron: We need a massive global public outcry.

1:02:12.648,1:02:15.165
Taren: But there's no massive global public outcry. It won't create any change.

1:02:15.290,1:02:18.541
Aaron: You know, four people in this city should cause a massive global public outcry.

1:02:18.701,1:02:21.952
Taren: You know, we need a petition signer.

1:02:22.350,1:02:25.809
[Narrator] Without telling her specifics, he warned her he was involved in something

1:02:25.809,1:02:27.608
he called simply "The Bad Thing".

1:02:27.903,1:02:33.039
And I had sort of crazy theories, like, that he was having an affair with Elizabeth Warren or something.

1:02:33.089,1:02:37.890
I speculated both Hillary Clinton and Elizabeth Warren, actually, but um...

1:02:38.284,1:02:41.410
So, sometime in probably late July, Aaron called me

1:02:41.814,1:02:47.433
and I happened to pick up, and he said, you know,"The Bad Thing" might be in the news tomorrow.

1:02:47.433,1:02:49.831
Do you want me to tell you, or do you want to read about it in the news?"

1:02:49.831,1:02:52.453
And I said, "Well, I want you to, I want you to tell me."

1:02:53.433,1:02:58.472
Aaron, he said, uh, "Well, I've been... I've been arrested

1:02:58.490,1:03:03.419
for downloading too many academic journal articles, and they want to make an example out of me."

1:03:04.329,1:03:11.163
And I was, like, "That's it? That's the big fuss? Really? Like, it just doesn't sound like a very big deal."

1:03:11.225,1:03:17.283
On July 14, 2011, federal prosecutors indict Swartz on four felony counts.

1:03:17.482,1:03:24.174
He gets indicted, on the same day that, like, two people in England who are part of LulzSec get arrested,

1:03:24.634,1:03:30.135
and, like, a few other real hackers. And Aaron is just like someone who kind of looks like a hacker,

1:03:30.354,1:03:34.917
enough that they can, like, you know, put his head on a stake, and like, put it on the gates.

1:03:35.022,1:03:37.882
Aaron went to surrender, and they arrested him.

1:03:38.248,1:03:41.990
They then, uh, strip-searched him,

1:03:42.548,1:03:48.243
uh, took away his shoelaces, took away his belt, and left him in solitary confinement.

1:03:50.475,1:03:54.247
The District of Massachusetts United States Attorney's office released a statement

1:03:54.589,1:03:57.832
saying: "Swartz faces up to 35 years in prison,

1:03:58.053,1:04:00.940
to be followed by three years of supervised release,

1:04:01.139,1:04:05.002
restitution, forfeiture and a fine of up to one million dollars."

1:04:06.786,1:04:09.370
He is released on 100.000 dollars bail.

1:04:09.420,1:04:12.330
The same day, the primary victim in the case, JSTOR,

1:04:12.738,1:04:17.769
formally drops all charges against Swartz, and declines to pursue the case.

1:04:18.139,1:04:21.575
JSTOR, they weren't our friends, they weren't helpful or friendly to us,

1:04:21.575,1:04:25.595
but they also were just kind of, like, "We're not part of this."

1:04:25.675,1:04:30.490
JSTOR, and their parent company, ITHAKA, also sidestepped requests to talk with this film.

1:04:30.868,1:04:33.524
But at the time, they released a statement saying:

1:04:33.718,1:04:37.696
"It was the government's decision whether to prosecute, not JSTOR's."

1:04:38.497,1:04:42.688
And so it's our belief that, with that, the case will be over.

1:04:43.189,1:04:48.230
That we should be able to get Steve Heymann to drop the case, or settle it in some rational way.

1:04:48.654,1:04:50.762
And the government refused.

1:04:51.149,1:04:52.856
[Narrator] Why?

1:04:55.808,1:04:58.055
Well, because I think they wanted to make an example out of Aaron,

1:04:58.369,1:05:01.337
and they said they wanted, the reason why they wouldn't

1:05:01.538,1:05:05.644
move on requiring a felony conviction and jail time

1:05:05.849,1:05:13.255
was that they wanted, uh, they wanted to use this case as a case of deter- for deterence. They told us that.

1:05:13.255,1:05:15.199
[Interviewer] They told you that.[br]- Yes.

1:05:15.320,1:05:17.177
[Interviewer] This was going to be an example.[br]- Yes.

1:05:17.263,1:05:19.730
[Interviewer] He was going to be made an example.[br]- Yes.

1:05:20.145,1:05:21.857
Uh... Steve Heymann said that.

1:05:22.170,1:05:26.477
Deterring who? Like, there's other people out there running around logging onto JSTOR

1:05:26.679,1:05:30.167
and downloading the articles to make a political statement? I mean, who are they deterring?

1:05:30.374,1:05:34.551
It would be easier to understand the Obama administration's

1:05:34.597,1:05:37.520
posture of supposedly being for deterrence

1:05:37.771,1:05:40.756
if this was an administration that, for instance,

1:05:40.845,1:05:43.601
prosecuted arguably the biggest economic crime

1:05:43.645,1:05:45.527
that this country has seen in the last hundred years.

1:05:45.527,1:05:49.630
The crimes that were committed that led to the financial crisis on Wall Street.

1:05:50.101,1:05:52.140
When you start deploying

1:05:52.452,1:05:56.329
the non-controversial idea of deterrence

1:05:56.513,1:05:58.254
only selectively

1:05:58.455,1:06:01.909
you stop making a dispassionate analysis of law-breaking

1:06:02.128,1:06:06.663
and you started deciding to deploy law enforcement resources

1:06:06.902,1:06:10.223
specifically on the basis of political ideology,

1:06:10.410,1:06:14.859
and that's not just undemocratic, it's supposed to be un-American.

1:06:19.319,1:06:24.382
Prosecutor Stephen Heymann later reportedly told MIT's outside counsel

1:06:24.596,1:06:27.317
that the straw that broke the camel's back

1:06:27.317,1:06:31.467
was a press release sent out by an organization Swartz founded called "Demand Progress".

1:06:31.633,1:06:35.853
According to the MIT account, Heymann reacted to the short statement of support,

1:06:36.050,1:06:40.036
calling it a "wild internet campaign" and a "foolish move"

1:06:40.036,1:06:44.326
that moved the case from a human one-on-one level to an institutional level.

1:06:44.486,1:06:48.646
That was a poisonous combination: a prosecutor who didn't want to lose face,

1:06:48.772,1:06:53.464
who had a political career in the offing, maybe and didn't want to have this come back and haunt them.

1:06:53.617,1:06:57.747
You spend how many tax dollars arresting someone for taking too many books out of the library,

1:06:58.019,1:07:01.469
and then got your ass handed to you in court!? No way!

1:07:01.615,1:07:05.839
I then moved to try to put as much pressure on MIT in various ways to get them

1:07:05.980,1:07:10.739
to go to the government, and request the government to stop the prosecution.

1:07:11.472,1:07:14.528
[Interviewer] What was MIT's reaction to that?

1:07:14.704,1:07:19.304
There doesn't seem to be any reaction from MIT at that point.

1:07:23.131,1:07:25.931
MIT doesn't defend Aaron

1:07:26.273,1:07:30.583
which, to people inside of the MIT community, seems outrageous,

1:07:30.737,1:07:35.667
because MIT is a place that encourages hacking in the biggest sense of the word.

1:07:35.956,1:07:41.126
At MIT, the idea of going and running around on roofs and tunnels that you weren't allowed to be in

1:07:41.318,1:07:46.538
was not only a rite of passage, it was part of the MIT tour,

1:07:46.971,1:07:51.071
and lock-picking was a winter course at MIT.

1:07:51.353,1:07:55.753
They had the moral authority to stop it in its tracks.

1:07:56.233,1:08:02.073
MIT never stood up and took a position of saying to the Feds, "Don't do this".

1:08:02.221,1:08:06.407
"We don't want you to do this, you're overreacting, this is too strong."

1:08:06.407,1:08:08.940
...that I'm aware of.

1:08:09.104,1:08:14.474
They acted kind of like any corporation would. They sort of... they helped the government,

1:08:14.706,1:08:21.106
they didn't help us, unless they felt they had to and, um, they never tried to stop it.

1:08:22.547,1:08:25.840
MIT declined repeated requests to comment,

1:08:25.840,1:08:30.380
but they later released a report saying they attempted to maintain a position of neutrality,

1:08:30.577,1:08:36.076
and believed Heymann and the U.S. Attorney's office did not care what MIT thought or said about the case.

1:08:36.252,1:08:41.882
MIT's behaviour seemed really at odds with the MIT ethos, right.

1:08:42.168,1:08:47.198
You could argue that MIT turned a blind eye, and that was okay for them to do,

1:08:47.389,1:08:52.599
but taking that stance, taking that neutral stance, in and of itself, was taking a pro-prosecutor stance.

1:08:52.846,1:08:56.246
If you look at Steve Jobs and Steve Wozniak,

1:08:56.611,1:09:01.451
they started by selling a Blue Box which was a thing designed to defraud the phone company.

1:09:01.628,1:09:04.861
If you look at Bill Gates and Paul Allen,

1:09:05.150,1:09:08.850
they initially started their business by using computer time at Harvard,

1:09:09.011,1:09:11.441
which was pretty clearly against the rules.

1:09:11.602,1:09:13.902
The difference between Aaron and the people I just mentioned

1:09:13.992,1:09:17.952
is that Aaron wanted to make the world a better place, he didn't want to just make money.

9:59:59.000,1:09:18.343
Swartz continues to be outspoken on a variety of internet issues.

9:59:59.000,9:59:59.000
[Swartz] You know, the reason the internet works is because

9:59:59.000,9:59:59.000
of the competitive marketplace of ideas,

9:59:59.000,9:59:59.000
and what we need to be focusing on is getting more information

9:59:59.000,9:59:59.000
about our government, more accessibility,

9:59:59.000,9:59:59.000
more discussion, more debate, but instead, it seems

9:59:59.000,9:59:59.000
like what congress is focused on is shutting things down.

9:59:59.000,9:59:59.000
[ ] Aaron thought he could change the world

9:59:59.000,9:59:59.000
just by explaining the world very clearly to people.

9:59:59.000,9:59:59.000
[RT interviewer] ...Flame

9:59:59.000,9:59:59.000
can literally control your computer, and make it spy on you.

9:59:59.000,9:59:59.000
Welcome, Aaron. Good to have you back on the show here.

9:59:59.000,9:59:59.000
You know, just like spies used to in olden days, put microphones and tap what people were saying,

9:59:59.000,9:59:59.000
now they're using computers to do the same things.

9:59:59.000,9:59:59.000
[Narrator] Swartz's political activity continues.

9:59:59.000,9:59:59.000
His attention turning to a bill moving through Congress designed to curb online piracy.

9:59:59.000,9:59:59.000
It was called "SOPA".

9:59:59.000,9:59:59.000
Activists like Peter Eckersley saw it

9:59:59.000,9:59:59.000
as an enormous overreach, threatening the technical integrity of the internet, itself.

9:59:59.000,9:59:59.000
[Ekersley] And one of the first things I did was to call Aaron.

9:59:59.000,9:59:59.000
And I said, "Can we do a big online campaign against this?"

9:59:59.000,9:59:59.000
"This isn't a bill about copyright."

9:59:59.000,9:59:59.000
"It's not?"

9:59:59.000,9:59:59.000
"No," he said, "it's a bill about the freedom to connect."

9:59:59.000,9:59:59.000
Now I was listening.

9:59:59.000,9:59:59.000
And he thought about it for a while, and then said, "Yes."

9:59:59.000,9:59:59.000
And he went and founded Demand Progress.

9:59:59.000,9:59:59.000
Demand Progress is an online activism organization.

9:59:59.000,9:59:59.000
We've got around a million and a half members now,

9:59:59.000,9:59:59.000
um, but started in the fall of 2010.

9:59:59.000,9:59:59.000
Aaron was one of the most prominent people in a community of people who

9:59:59.000,9:59:59.000
helped lead organizing around social justice issues

9:59:59.000,9:59:59.000
at the federal level in this country.

9:59:59.000,9:59:59.000
SOPA was the bill that was intended to curtail online piracy of music and movies

9:59:59.000,9:59:59.000
but what it did was basically take a sledgehammer to a problem that needed a scalpel.

9:59:59.000,9:59:59.000
If passed, the law would allow a company to cut off finances to entire websites without due process,

9:59:59.000,9:59:59.000
or even to force Google to exclude their links.

9:59:59.000,9:59:59.000
All they needed was a single claim of copyright infringement.

9:59:59.000,9:59:59.000
It pitted the titans of traditional media against

9:59:59.000,9:59:59.000
a new and now far more sophisticated remix culture.

9:59:59.000,9:59:59.000
It makes everyone who runs a website into a policeman,

9:59:59.000,9:59:59.000
and if they don't do their job of making sure that nobody on their site uses it for anything

9:59:59.000,9:59:59.000
that's even potentially illegal, the entire site can get shut down without even so much as a trial.

9:59:59.000,9:59:59.000
[Lofgren] This was over the top,

9:59:59.000,9:59:59.000
I mean, this was a, a catastrophe.

9:59:59.000,9:59:59.000
This bill poses a serious threat to speech and civil liberties for all who use the internet.

9:59:59.000,9:59:59.000
We're only a handful of us who said, "Look...

9:59:59.000,9:59:59.000
we're not for piracy, either, but it makes no sense to destroy the architecture of the internet,

9:59:59.000,9:59:59.000
the domain name system and so much that makes it free and open in the name of fighting piracy,

9:59:59.000,9:59:59.000
and Aaron got that right away.

9:59:59.000,9:59:59.000
The freedoms, guaranteed in our Constitution, the freedoms our country had been built on

9:59:59.000,9:59:59.000
would be suddenly deleted.

9:59:59.000,9:59:59.000
New technology, instead of bringing us greater freedom, would have snuffed out fundamental rights

9:59:59.000,9:59:59.000
we'd always taken for granted.

9:59:59.000,9:59:59.000
And I realized that day, talking to Peter, that I couldn't let that happen.

9:59:59.000,9:59:59.000
When SOPA was introduced in October, 2011, it was considered inevitable.

9:59:59.000,9:59:59.000
Our strategy, when it first came out, was to hopefully slow the bill down,

9:59:59.000,9:59:59.000
maybe weaken it a little bit, uh but, even we

9:59:59.000,9:59:59.000
didn't think that we would be able to stop this bill.

9:59:59.000,9:59:59.000
Having worked in Washington,

9:59:59.000,9:59:59.000
what you learn is that, typically in Washington,

9:59:59.000,9:59:59.000
the legislative fights are fights between different sets of corporate monied interests.

9:59:59.000,9:59:59.000
They're all duking it out to pass legislation, and the fights that are the closest

9:59:59.000,9:59:59.000
are when you have one set of corporate interests against another set of corporated interests,

9:59:59.000,9:59:59.000
and they're financially equally matched in terms of campaign contributions and lobbying.

9:59:59.000,9:59:59.000
Those are the closest ones.

9:59:59.000,9:59:59.000
The ones that aren't even fights, typically, are ones

9:59:59.000,9:59:59.000
where all the money is on one side, all the corporations are on one side,

9:59:59.000,9:59:59.000
and it's just millions of people on the other side.

9:59:59.000,9:59:59.000
Haven't seen anything like PIPA and SOPA in all my time in public service.

9:59:59.000,9:59:59.000
There were more than forty United States senators on that bill as co-sponsors,

9:59:59.000,9:59:59.000
so they were already a long, long way to getting the

9:59:59.000,9:59:59.000
sixty votes to have it clear all the procedural hoops.

9:59:59.000,9:59:59.000
Even I began to doubt myself. It was a rough period.

9:59:59.000,9:59:59.000
Swartz and Demand Progress were able to marshal enormous support using traditional outreach

9:59:59.000,9:59:59.000
combined with commonly used voice-over IP to make it very easy for people to call Congress.

9:59:59.000,9:59:59.000
I've never met anybody else who was able to operate at his level

9:59:59.000,9:59:59.000
both on the technological side and on the campaign strategy side.

9:59:59.000,9:59:59.000
Millions of people contacted Congress and signed anti-SOPA petitions.

9:59:59.000,9:59:59.000
Congress was caught off guard.

9:59:59.000,9:59:59.000
There was just something about watching those clueless members of Congress debate the bill,

9:59:59.000,9:59:59.000
watching them insist they could regulate the internet,

9:59:59.000,9:59:59.000
and a bunch of nerds couldn't possibly stop them.

9:59:59.000,9:59:59.000
I am not a nerd.

9:59:59.000,9:59:59.000
I'm just not enough of a nerd...

9:59:59.000,9:59:59.000
Maybe we oughta ask some nerds what this thing really does. [laughter]

9:59:59.000,9:59:59.000
Let's have a hearing, bring in the nerds...

9:59:59.000,9:59:59.000
[laughter]

9:59:59.000,9:59:59.000
Really?

9:59:59.000,9:59:59.000
[laughter]

9:59:59.000,9:59:59.000
"Nerds"?

9:59:59.000,9:59:59.000
[laughter]

9:59:59.000,9:59:59.000
You know, I think, actually the word you're looking for is "experts"...

9:59:59.000,9:59:59.000
[laughter]

9:59:59.000,9:59:59.000
to enlighten you so your laws don't backfire [audience laughter and applause]

9:59:59.000,9:59:59.000
and break the internet.

9:59:59.000,9:59:59.000
We use the term "geek" but we're allowed to use that because we are geeks.

9:59:59.000,9:59:59.000
The fact that it got as far as it did, without them talking to any technical experts

9:59:59.000,9:59:59.000
reflects the fact that there is a problem in this town.

9:59:59.000,9:59:59.000
I'm looking for somebody to come before this body, and testify in a hearing, and say, "This is why they're wrong."

9:59:59.000,9:59:59.000
There used to be an office that provided science and technology advice,

9:59:59.000,9:59:59.000
and members could go to them, and say, "Help me understand X,Y,Z."

9:59:59.000,9:59:59.000
And Gingrich killed it. He said it was a waste of money.

9:59:59.000,9:59:59.000
Ever since then, Congress has plunged into the Dark Ages.

9:59:59.000,9:59:59.000
I don't think anybody really thought that SOPA could be beaten, including Aaron.

9:59:59.000,9:59:59.000
Like, it was worth trying, but it didn't seem winnable

9:59:59.000,9:59:59.000
and I remember, maybe a few months later,

9:59:59.000,9:59:59.000
I remember him just turning to me and being, like,

9:59:59.000,9:59:59.000
"I think we might win this."

9:59:59.000,9:59:59.000
And I was, like, "That would be amazing."

9:59:59.000,9:59:59.000
Calls to Congress continue. When the domain hosting site

9:59:59.000,9:59:59.000
Go Daddy becomes a supporter of the bill,

9:59:59.000,9:59:59.000
tens of thousands of users transferred their domain names in protest.

9:59:59.000,9:59:59.000
Within a week, a humbled Go Daddy reverses their position on SOPA.

9:59:59.000,9:59:59.000
Uh, when the congress people that supported, uh, the record and movie industries

9:59:59.000,9:59:59.000
uh, realized that there was this backlash, they kind of scaled the bill back a little bit.

9:59:59.000,9:59:59.000
You could see the curve happening.

9:59:59.000,9:59:59.000
You could see that we were, that our arguments were starting to resonate.

9:59:59.000,9:59:59.000
It was like Aaron had been, like, striking a match and it was being blown out,

9:59:59.000,9:59:59.000
striking another one, and it was being blown out,

9:59:59.000,9:59:59.000
and finally he'd, like, managed to catch enough kindling that the flame actually caught

9:59:59.000,9:59:59.000
and then it turned into this roaring blaze.

9:59:59.000,9:59:59.000
On January 16, 2012, the White House issued a statement

9:59:59.000,9:59:59.000
saying they didn't support the bill.

9:59:59.000,9:59:59.000
And then this happened:

9:59:59.000,9:59:59.000
I'm a big believer that, uh, we should be dealing with issues of piracy,

9:59:59.000,9:59:59.000
and we should deal with them in a serious way.

9:59:59.000,9:59:59.000
Uh, but this bill is not the right bill.

9:59:59.000,9:59:59.000
When Jimmy Wales put his support toward blacking out Wikipedia,

9:59:59.000,9:59:59.000
the number five most popular website in the world,

9:59:59.000,9:59:59.000
this is a website that's seven percent of all of the clicks on anywhere on the internet.

9:59:59.000,9:59:59.000
Wikipedia went black.

9:59:59.000,9:59:59.000
Reddit went black.

9:59:59.000,9:59:59.000
Craigslist went black.

9:59:59.000,9:59:59.000
The phone lines on Capitol Hill flat out melted.

9:59:59.000,9:59:59.000
Members of Congress started rushing to issue statements retracting their support for the bill

9:59:59.000,9:59:59.000
that they were promoting just a couple days ago.

9:59:59.000,9:59:59.000
Within 24 hours, the number of opponents of SOPA in Congress

9:59:59.000,9:59:59.000
went from this

9:59:59.000,9:59:59.000
to this.

9:59:59.000,9:59:59.000
To see congressmen and senators slowly flip sides throughout the day of the blackout

9:59:59.000,9:59:59.000
was pretty unbelievable.

9:59:59.000,9:59:59.000
There was like a hundred representative swing.

9:59:59.000,9:59:59.000
And that was when, as hard as it was for me to believe, after all this,

9:59:59.000,9:59:59.000
we had won.

9:59:59.000,9:59:59.000
The thing that everyone said was impossible,

9:59:59.000,9:59:59.000
that some of the biggest companies in the world had written off as kind of a pipedream,

9:59:59.000,9:59:59.000
had happened.

9:59:59.000,9:59:59.000
We did it.

9:59:59.000,9:59:59.000
We won.

9:59:59.000,9:59:59.000
This is a historic week in internet politics--maybe American politics.

9:59:59.000,9:59:59.000
The thing that we heard from people in Washington, D.C., from the staffers on Capitol Hill was:

9:59:59.000,9:59:59.000
they received more emails and more phone calls on SOPA Blackout Day

9:59:59.000,9:59:59.000
than they'd ever received about anything.

9:59:59.000,9:59:59.000
I think that was an extremely exciting moment.

9:59:59.000,9:59:59.000
This was the moment when the internet had grown up, politically.

9:59:59.000,9:59:59.000
It was exhilarating because it's hard to believe it actually happened.

9:59:59.000,9:59:59.000
It's hard to believe a bill with so much financial power behind it

9:59:59.000,9:59:59.000
didn't simply sail through the Congress.

9:59:59.000,9:59:59.000
And not only did not sail through, it didn't pass at all.

9:59:59.000,9:59:59.000
It's easy sometimes to feel like you're powereless,

9:59:59.000,9:59:59.000
like when you come out on the streets and you march and you yell and nobody hears you.

9:59:59.000,9:59:59.000
But I'm here to tell you today, you are powerful.

9:59:59.000,9:59:59.000
[Crowd cheers]

9:59:59.000,9:59:59.000
So, yeah, maybe sometimes you feel like you're not being listened to

9:59:59.000,9:59:59.000
but I'm here to tell you that you are.

9:59:59.000,9:59:59.000
You are being listened to. You are making a difference.

9:59:59.000,9:59:59.000
You can stop this bill if you don't stop fighting.

9:59:59.000,9:59:59.000
[Crowd cheers]

9:59:59.000,9:59:59.000
Stop PIPA.

9:59:59.000,9:59:59.000
Stop SOPA.

9:59:59.000,9:59:59.000
Some of the biggest internet companies, to put it frankly, would benefit

9:59:59.000,9:59:59.000
from a world in which their little competitors could get censored.

9:59:59.000,9:59:59.000
We can't let that happen.

9:59:59.000,9:59:59.000
For him, it was more important to be sure that you made a small change

9:59:59.000,9:59:59.000
than to play a small part in a big change.

9:59:59.000,9:59:59.000
But SOPA was like playing a major part in a major change,

9:59:59.000,9:59:59.000
and so for him, it was kind of this proof of concept

9:59:59.000,9:59:59.000
like, "Okay, you know, what I want to do with my life is change the world.

9:59:59.000,9:59:59.000
I think about it in this really scientific way of, like, I'm measuring my impact,

9:59:59.000,9:59:59.000
and this shows that it's possible.

9:59:59.000,9:59:59.000
Right, the thing that I want to do with my life is possible.

9:59:59.000,9:59:59.000
Um, I have proved that I can do it,

9:59:59.000,9:59:59.000
that I, Aaron Swartz, can change the world."

9:59:59.000,9:59:59.000
For a guy who, um, never really thought he had done much, which was Aaron, um,

9:59:59.000,9:59:59.000
was one of the few moments where you could really see

9:59:59.000,9:59:59.000
that he felt like he had done something good,

9:59:59.000,9:59:59.000
feeling like here is his maybe one and only victory lap.

9:59:59.000,9:59:59.000
Everyone said there was no way we could stop SOPA.

9:59:59.000,9:59:59.000
We stopped it.

9:59:59.000,9:59:59.000
This is three outrageously good victories, and the year isn't even over yet.

9:59:59.000,9:59:59.000
I mean, if there's a time to be positive, it's now.

9:59:59.000,9:59:59.000
You know, he wins at SOPA a year after he's arrested.

9:59:59.000,9:59:59.000
It's not unambiguously happy moments. There's a lot going on.

9:59:59.000,9:59:59.000
He's so attuned towards participating in the political process, you can't stop him.

9:59:59.000,9:59:59.000
The list of organizations Swartz founded or co-founded is enormous,

9:59:59.000,9:59:59.000
and years before Edward Snowden would expose widespread internet surveillance,

9:59:59.000,9:59:59.000
Swartz was already concerned.

9:59:59.000,9:59:59.000
It is shocking to think that the accountability is so lax

9:59:59.000,9:59:59.000
that they don't even have sort of basic statistics about how big the spying program is.

9:59:59.000,9:59:59.000
And if the answer is: "Oh, we're spying on so many people we can't possibly even count them"

9:59:59.000,9:59:59.000
then that's an awful lot of people.

9:59:59.000,9:59:59.000
It'd be one thing if they said, "Look-you know- we know the number of telephones we're spying on,

9:59:59.000,9:59:59.000
we don't know exactly how many real people that corresponds to."

9:59:59.000,9:59:59.000
but they just came back and said, "We can't give you a number at all."

9:59:59.000,9:59:59.000
That's pretty-I mean-that's scary, is what it is.

9:59:59.000,9:59:59.000
And they put incredible pressure on him, took away his, um, you know, all of the money he had made.

9:59:59.000,9:59:59.000
They, you know, threatened to take away his physical freedom.

9:59:59.000,9:59:59.000
Why'd they do it, you know? I mean, well, why are they going after whistleblowers?

9:59:59.000,9:59:59.000
You know, why are they going after people who tell the--you know--who tell the truth

9:59:59.000,9:59:59.000
about all sorts of things, I mean, from the banks, to war, to just sort of government transparency.

9:59:59.000,9:59:59.000
So secrecy serves those who are already in power,

9:59:59.000,9:59:59.000
and we are living in an era of secrecy

9:59:59.000,9:59:59.000
that coincides with an era where the government is doing, also,

9:59:59.000,9:59:59.000
a lot of things that are probably illegal and unconstitutional.

9:59:59.000,9:59:59.000
So, those two things are not coincidences.

9:59:59.000,9:59:59.000
It's very clear that this technology has been developed

9:59:59.000,9:59:59.000
not for small countries overseas, but right here, for use in the United States, by the U.S. government.

9:59:59.000,9:59:59.000
The problem with the spying program is it's this sort of long, slow expansion, you know,

9:59:59.000,9:59:59.000
going back to the Nixon administation, right,

9:59:59.000,9:59:59.000
obviously it became big after 9/11 under George W. Bush,

9:59:59.000,9:59:59.000
and Obama has continued to experiment, and the problems have slowly grown worse and worse,

9:59:59.000,9:59:59.000
but there's never been this moment you can point to and say,

9:59:59.000,9:59:59.000
"Okay, we need to galvanize opposition today because today is when it matters..."

9:59:59.000,9:59:59.000
The prosecution, in my estimation of Aaron Swartz, was about sending a particular, lazerlike message

9:59:59.000,9:59:59.000
to a group of people that the Obama administration sees as politically threatening,

9:59:59.000,9:59:59.000
and that is, essentially, the hacker, the information, and the democracy activist community,

9:59:59.000,9:59:59.000
and the message that the Obama administration wanted to send to that particular community was,

9:59:59.000,9:59:59.000
in my estimation, "We know you have the ability to make trouble for the establishment,

9:59:59.000,9:59:59.000
and so we are going to try to make an example out of Aaron Swartz

9:59:59.000,9:59:59.000
to scare as many of you as possible into not making that trouble."

9:59:59.000,9:59:59.000
And the government said, "Oh, the legal opinions we're using

9:59:59.000,9:59:59.000
to legalize the spying program are also classified,

9:59:59.000,9:59:59.000
so we can't even tell you which laws we're using to spy on you."

9:59:59.000,9:59:59.000
You know, every time they can say, "Oh, this is another instance of cyberwar.

9:59:59.000,9:59:59.000
The cybercriminals are attacking us again. We're all in danger. We're all under threat."

9:59:59.000,9:59:59.000
They use those as excuses to push through more and more dangerous laws.

9:59:59.000,9:59:59.000
[Interviewer] And so just to follow, like, personally, how do you feel the fight is going?

9:59:59.000,9:59:59.000
It's up to you.

9:59:59.000,9:59:59.000
[Interviewer] I know, it's just that, we gotta like, you know...

9:59:59.000,9:59:59.000
You know, there's sort of these two polarizing perspectives, right,

9:59:59.000,9:59:59.000
everything is great, the internet has created all this freedom and liberty,

9:59:59.000,9:59:59.000
and everything's going to be fantastic

9:59:59.000,9:59:59.000
or everything is terrible,

9:59:59.000,9:59:59.000
the internet has created all these tools for cracking down and spying,

9:59:59.000,9:59:59.000
and you know, controlling what we say.

9:59:59.000,9:59:59.000
And the thing is, both are true, right?

9:59:59.000,9:59:59.000
The internet has done both,

9:59:59.000,9:59:59.000
and both are kind of amazing and astonishing

9:59:59.000,9:59:59.000
and which one will win out in the long run is up to us.

9:59:59.000,9:59:59.000
It doesn't make sense to say, "Oh, one is doing better than the other." You know, they're both true.

9:59:59.000,9:59:59.000
And it's up to us which ones we emphasize and which ones we take advantage of

9:59:59.000,9:59:59.000
because they're both there, and they're both always going to be there.

9:59:59.000,9:59:59.000
On September 12, 2012, federal prosecutors filed a superseding indictment against Swartz,

9:59:59.000,9:59:59.000
adding additional counts of wire fraud, unauthorized access to a computer, and computer fraud.

9:59:59.000,9:59:59.000
Now, instead of four felony counts, Swartz was facing thirteen.

9:59:59.000,9:59:59.000
The prosecution's leverage had dramatically increased,

9:59:59.000,9:59:59.000
as did Swartz's potential jail time and fines.

9:59:59.000,9:59:59.000
They filed a separate indictment to add more charges,

9:59:59.000,9:59:59.000
and they had a theory about why this conduct constituted a number of federal crimes,

9:59:59.000,9:59:59.000
and that a very significant sentence could attach to it under the law.

9:59:59.000,9:59:59.000
That theory, and much of the prosecutions case against Swartz

9:59:59.000,9:59:59.000
involved a law created originally in 1986.

9:59:59.000,9:59:59.000
It is called the "Computer Fraud and Abuse Act".

9:59:59.000,9:59:59.000
The Computer Fraud and Abuse Act was inspired by the movie

9:59:59.000,9:59:59.000
"War Games" with Matthew Broderick--great movie.

9:59:59.000,9:59:59.000
[Broderick] I have you now.

9:59:59.000,9:59:59.000
In this movie, a kid gets the ability, through the magic of computer networks

9:59:59.000,9:59:59.000
to, like, launch a nuclear attack.

9:59:59.000,9:59:59.000
[missiles firing up]

9:59:59.000,9:59:59.000
You know, that's not actually possible, and it certainly wasn't possible in the '80s

9:59:59.000,9:59:59.000
but apparently this movie scared Congress enough to, um,

9:59:59.000,9:59:59.000
pass the original Computer Fraud and Abuse Act.

9:59:59.000,9:59:59.000
This is a law that's just behind the times, for example, it penalizes

9:59:59.000,9:59:59.000
a terms of service kind of arrangement. You can have something like

9:59:59.000,9:59:59.000
eHarmony or Match.com and somebody sort of inflates, uh, their own personal characteristics

9:59:59.000,9:59:59.000
and all of a sudden, depending on the jurisdiction and the prosecutors,

9:59:59.000,9:59:59.000
they could be in a whole host of troubles.

9:59:59.000,9:59:59.000
We all know what "Terms of Use" are.

9:59:59.000,9:59:59.000
Most people don't read them, but not abiding by their terms could mean

9:59:59.000,9:59:59.000
you are committing a felony.

9:59:59.000,9:59:59.000
The website Terms of Service often say things like:

9:59:59.000,9:59:59.000
be nice to each other, or don't do anything that's improper.

9:59:59.000,9:59:59.000
The idea that the Criminal Law has anything to say about these kinds of violations,

9:59:59.000,9:59:59.000
I think strikes most people as crazy.

9:59:59.000,9:59:59.000
The examples get even more "crazy":

9:59:59.000,9:59:59.000
Until it was changed in March of 2013, the Terms of Use on the website of Hearst's Seventeen magazine

9:59:59.000,9:59:59.000
said you had to be eighteen in order to read it.

9:59:59.000,9:59:59.000
I would say that the way the CFAA has been interpreted by the Justice Department,

9:59:59.000,9:59:59.000
we are probably all breaking the law.

9:59:59.000,9:59:59.000
Vague and prone to misuse, the CFAA has become a one-size-fits-all hammer

9:59:59.000,9:59:59.000
for a wide range of computer-related disputes.

9:59:59.000,9:59:59.000
Though not the only factor in his case,

9:59:59.000,9:59:59.000
eleven of the thirteen charges against Swartz involved the Computer Fraud and Abuse Act.

9:59:59.000,9:59:59.000
The question "Why?" hangs over much of the story of Aaron Swartz.

9:59:59.000,9:59:59.000
Just what was motivating the government, and what would their case have been?

9:59:59.000,9:59:59.000
The Department of Justice declined requests for answers,

9:59:59.000,9:59:59.000
but Professor Orin Kerr is a former prosecutor who has studied the case.

9:59:59.000,9:59:59.000
So, I think I come about this case from a different direction than other people on a number of reasons:

9:59:59.000,9:59:59.000
I was a federal prosecutor at the Justice Department for three years.

9:59:59.000,9:59:59.000
Before I started teaching, the government came forward with

9:59:59.000,9:59:59.000
an indictment based on what crimes they thought were committed,

9:59:59.000,9:59:59.000
just as a purely lawyer's matter, looking at the precedents, looking at the statute,

9:59:59.000,9:59:59.000
looking at the history, looking at the cases that are out there so far.

9:59:59.000,9:59:59.000
Uh, I think it was a fair indictment based on that.

9:59:59.000,9:59:59.000
You can debate whether they should have charged this case.

9:59:59.000,9:59:59.000
There's just a lot of disagreement. Some people are on the Open Access side, some people are not.

9:59:59.000,9:59:59.000
I think the government took Swartz's "Guerilla Open Access Manifesto" very seriously,

9:59:59.000,9:59:59.000
uh, and I think they saw him as somebody who was committed as a moral imperative to

9:59:59.000,9:59:59.000
breaking the law, to overcome a law that Swartz saw as unjust,

9:59:59.000,9:59:59.000
and in a democracy, if you think a law is unjust, there are ways of changing that law.

9:59:59.000,9:59:59.000
There's going to Congress as Swartz did so masterfully with SOPA,

9:59:59.000,9:59:59.000
uh, or you can violate that law in a way to try to nullify that law

9:59:59.000,9:59:59.000
and I think what was driving the prosecution was the sense that Swartz was committed,

9:59:59.000,9:59:59.000
not just to breaking the law, but to really making sure that law was nullified.

9:59:59.000,9:59:59.000
That everyone would have access to the database in a way that

9:59:59.000,9:59:59.000
you couldn't put the toothpaste back in the tube.

9:59:59.000,9:59:59.000
It would be done, and Swartz's side would win.

9:59:59.000,9:59:59.000
There's a big disagreement in society as to whether that is and unjust law,

9:59:59.000,9:59:59.000
and ultimately, that is a decision for the American people to make, working through Congress.

9:59:59.000,9:59:59.000
Uh, and then the second problem is, I think, we're still trying to figure out:

9:59:59.000,9:59:59.000
What's the line between less serious offences and more serious offences?

9:59:59.000,9:59:59.000
We're now entering this different environment of computers and computer misuse,

9:59:59.000,9:59:59.000
and we don't yet have a really strong sense of exactly what these lines are

9:59:59.000,9:59:59.000
'cause we're just working that out.

9:59:59.000,9:59:59.000
This is a poor use of prosecutorial discretion.

9:59:59.000,9:59:59.000
The hammer that the Justice Department has to scare people with

9:59:59.000,9:59:59.000
just gets bigger and bigger and bigger,

9:59:59.000,9:59:59.000
and so, most people just, you know, you can't roll the dice with your life like that.

9:59:59.000,9:59:59.000
Should we tap somebody's phone? Should we film them?

9:59:59.000,9:59:59.000
Should we turn somebody and get them to testify against these other people?

9:59:59.000,9:59:59.000
That's how federal agents and prosecutors think.

9:59:59.000,9:59:59.000
They build cases. They make cases.

9:59:59.000,9:59:59.000
Swartz was caught in the gears of a brutal criminal justice system that could not turn back,

9:59:59.000,9:59:59.000
a machine that has made America the country with the highest rate of incarceration in the world.

9:59:59.000,9:59:59.000
We have, in this country, allowed ourselves to be captured by the politics of fear and anger,

9:59:59.000,9:59:59.000
and anything we're afraid of, like the future of internet and access,

9:59:59.000,9:59:59.000
and anything we're angry about, instinctively creates a criminal justice intervention,

9:59:59.000,9:59:59.000
and we've used jail, prison, and punishment to resolve a whole host of problems

9:59:59.000,9:59:59.000
that, historically, were never seen as criminal justice problems.

9:59:59.000,9:59:59.000
The impulse to threaten, indict, prosecute, which is part of what

9:59:59.000,9:59:59.000
has created this debate and controversy over online access and information on the internet.

9:59:59.000,9:59:59.000
It's very consistent with what we've seen in other areas.

9:59:59.000,9:59:59.000
The one difference is that the people who are usually targeted and victimized

9:59:59.000,9:59:59.000
by these kinds of criminal and carceral responses are typically poor and minority.

9:59:59.000,9:59:59.000
Swartz's isolation from friends and family increased.

9:59:59.000,9:59:59.000
He had basically stopped working on anything else,

9:59:59.000,9:59:59.000
and the case was, in fact, taking over sort of his whole life.

9:59:59.000,9:59:59.000
One of Aaron's lawyers apparently told the prosecutors that he, he was emotionally vulnerable,

9:59:59.000,9:59:59.000
and that that was something they really needed to keep in mind so that they, they knew that.

9:59:59.000,9:59:59.000
It was weighing on him very heavily.

9:59:59.000,9:59:59.000
He did not like having his actions and his movements restricted in any way,

9:59:59.000,9:59:59.000
and the threat of jail, which they pounded him with a lot,

9:59:59.000,9:59:59.000
was terrifying to him.

9:59:59.000,9:59:59.000
Completely exhausted his financial resouces,

9:59:59.000,9:59:59.000
and it cost us a lot of money also, and he raised a substantial amount of money,

9:59:59.000,9:59:59.000
so it was, you know, it was in the millions of dollars.

9:59:59.000,9:59:59.000
[Interviewer] The legal defence?

9:59:59.000,9:59:59.000
Yes.

9:59:59.000,9:59:59.000
[Interviewer] Was in millions?

9:59:59.000,9:59:59.000
Yes.

9:59:59.000,9:59:59.000
Yeah, I think he didn't want to be a burden to people.

9:59:59.000,9:59:59.000
I think that was a factor, like, "I have my normal life,

9:59:59.000,9:59:59.000
and then I have this shitty thing I have to deal with,

9:59:59.000,9:59:59.000
and I try to, like, keep the two of them as separate as possible,

9:59:59.000,9:59:59.000
but they were just beginning to blur together and everything was becoming shitty."

9:59:59.000,9:59:59.000
Swartz faced a tough choice that was only getting tougher:

9:59:59.000,9:59:59.000
Do you admit guilt and move on with your life,

9:59:59.000,9:59:59.000
or do you fight a broken system?

9:59:59.000,9:59:59.000
With his legal case, the answer was simple:

9:59:59.000,9:59:59.000
He rejects a final plea deal and a trial date is set.

9:59:59.000,9:59:59.000
Aaron was, was resolute that he didn't want to knuckle under and accept something

9:59:59.000,9:59:59.000
that he didn't believe was fair, but I also think he was scared.

9:59:59.000,9:59:59.000
I don't think they would have convicted Aaron.

9:59:59.000,9:59:59.000
I think we would have walked him out of that courthouse,

9:59:59.000,9:59:59.000
and I would have given him a big hug,

9:59:59.000,9:59:59.000
and we would have walked across that little river in Boston,

9:59:59.000,9:59:59.000
and gone and had a couple of beers.

9:59:59.000,9:59:59.000
I really thought that we were right. I thought that we were going to win the case.

9:59:59.000,9:59:59.000
I thought that we could win the case.

9:59:59.000,9:59:59.000
He didn't talk about it very much, but you could see

9:59:59.000,9:59:59.000
the enormous pain that he ws going through.

9:59:59.000,9:59:59.000
[song]

9:59:59.000,9:59:59.000
No time in his childhood did Aaron have any severe mood swings

9:59:59.000,9:59:59.000
or like, depressive episodes, or anything that I would describe as "severe depression"

9:59:59.000,9:59:59.000
and it's possible, you know, he was depressed. People get depressed.

9:59:59.000,9:59:59.000
[music]

9:59:59.000,9:59:59.000
Very early in our relationship, like three or four weeks in or something,

9:59:59.000,9:59:59.000
I remember him saying to me

9:59:59.000,9:59:59.000
that I was a lot stronger than he was.

9:59:59.000,9:59:59.000
You know, he was-- he was brittle in a lot of ways.

9:59:59.000,9:59:59.000
Things were a lot harder for him than for a lot of people.

9:59:59.000,9:59:59.000
That was part of his brilliance, too.

9:59:59.000,9:59:59.000
I think he probably had something like clinical depression in his early twenties.

9:59:59.000,9:59:59.000
I don't think he did when I was with him.

9:59:59.000,9:59:59.000
He wasn't a "joyful" person, but that's different from being depressed.

9:59:59.000,9:59:59.000
He was just under such, such enormous pressure

9:59:59.000,9:59:59.000
for two years straight.

9:59:59.000,9:59:59.000
He just didn't want to do it anymore.

9:59:59.000,9:59:59.000
He was just, like, I just think it was too much.

9:59:59.000,9:59:59.000
[song]

9:59:59.000,9:59:59.000
I got a phone call late at night.

9:59:59.000,9:59:59.000
I could tell something was wrong, and then I called and I realized what had happened.

9:59:59.000,9:59:59.000
A co-founder of the social news and entertainment website "reddit" has been found dead.

9:59:59.000,9:59:59.000
Police say twenty-six-year-old Aaron Swartz

9:59:59.000,9:59:59.000
killed himself yesterday in his Brooklyn apartment.

9:59:59.000,9:59:59.000
I just thought, we've lost one of the most creative minds of our generation.

9:59:59.000,9:59:59.000
I was, like, the whole world fell apart at that moment.

9:59:59.000,9:59:59.000
It was one of the hardest nights of my life.

9:59:59.000,9:59:59.000
I just kept screaming, "I can't hear you! What did you say? I can't hear you!"

9:59:59.000,9:59:59.000
I can't. That's it.

9:59:59.000,9:59:59.000
[Interviewer] Okay.

9:59:59.000,9:59:59.000
Uh...like, yeah, none of it made any sense,

9:59:59.000,9:59:59.000
and really still doesn't.

9:59:59.000,9:59:59.000
I was so frustrated, angry.

9:59:59.000,9:59:59.000
[exhales]

9:59:59.000,9:59:59.000
You know, I tried to explain it to my kids.

9:59:59.000,9:59:59.000
My three-year-old told me that the doctors would fix him.

9:59:59.000,9:59:59.000
I've known lots of people that have died, but I've never lost anybody like this,

9:59:59.000,9:59:59.000
because everybody feels, and I do too, there is so much we could have-- more to do like, uh

9:59:59.000,9:59:59.000
Ijust didn't know he was there. I didn't know this was what he was suffering and...

9:59:59.000,9:59:59.000
He was part of me.

9:59:59.000,9:59:59.000
And I just wanted it to not be real, and then

9:59:59.000,9:59:59.000
and then I just looked at his Wikipedia page and I saw the end date,

9:59:59.000,9:59:59.000
"to 2013".

9:59:59.000,9:59:59.000
...

9:59:59.000,9:59:59.000
My first thought was: what if nobody even notices?

9:59:59.000,9:59:59.000
You know, because it wasn't clear to me how salient he was.

9:59:59.000,9:59:59.000
I had never seen anything quite like the outpouring I saw.

9:59:59.000,9:59:59.000
The net just lit up.

9:59:59.000,9:59:59.000
I mean, everyone was trying to explain it in their own way, but I've never seen

9:59:59.000,9:59:59.000
people grieve on Twitter before.

9:59:59.000,9:59:59.000
People were visibly grieving online.

9:59:59.000,9:59:59.000
He was the internet's own boy,

9:59:59.000,9:59:59.000
and the old world killed him.

9:59:59.000,9:59:59.000
We are standing in the middle of a time when great injustice is not touched.

9:59:59.000,9:59:59.000
Architects of the financial meltdown have dinner with the president, regularly.

9:59:59.000,9:59:59.000
In the middle of that time, the idea that this is what the government had to prosecute,

9:59:59.000,9:59:59.000
It just seems absurd, if it weren't tragic.

9:59:59.000,9:59:59.000
The question is: Can we do something, given what's happened,

9:59:59.000,9:59:59.000
to make the world a better place?

9:59:59.000,9:59:59.000
And how can we further that legacy?

9:59:59.000,9:59:59.000
That's the only question one could ask.

9:59:59.000,9:59:59.000
All over the world there are starting to be hack-a-thons, gatherings,

9:59:59.000,9:59:59.000
Aaron Swartz has, in some sense, brought the best out of us, in trying to say:

9:59:59.000,9:59:59.000
How do we fix this?

9:59:59.000,9:59:59.000
He was, in my humble opinion, one of the true revolutionaries that this country has produced.

9:59:59.000,9:59:59.000
I don't know whether Aaron was defeated or victorious,

9:59:59.000,9:59:59.000
but we are certainly shaped by the hand of the things that he wrestled with.

9:59:59.000,9:59:59.000
When we turn armed agents of the law on citizens trying to increase access to knowledge,

9:59:59.000,9:59:59.000
we've broken the rule of law, we've desecrated the temple of justice.

9:59:59.000,9:59:59.000
Aaron Swartz was not a criminal.

9:59:59.000,9:59:59.000
[applause]

9:59:59.000,9:59:59.000
Change does not roll in on the wheels of inevitability,

9:59:59.000,9:59:59.000
it comes through continuous struggle.

9:59:59.000,9:59:59.000
Aaron really could do magic,

9:59:59.000,9:59:59.000
and I'm dedicated to making sure that his magic doesn't end with his death.

9:59:59.000,9:59:59.000
He believed that he could change the world,

9:59:59.000,9:59:59.000
and he was right.

9:59:59.000,9:59:59.000
Out of the last week, and out of today, phoenixes are already rising.

9:59:59.000,9:59:59.000
[applause]

9:59:59.000,9:59:59.000
Since Swarz's death, Representative Zoe Lofgren and Senator Ron Wyden

9:59:59.000,9:59:59.000
have introduced legislation that would reform the Computer Fraud and Abuse Act--

9:59:59.000,9:59:59.000
the outdated law that formed the majority of the charges against Swartz.

9:59:59.000,9:59:59.000
It's called "Aaron's Law".

9:59:59.000,9:59:59.000
Aaron believed that, like, you literally ought to be asking yourself all of the time:

9:59:59.000,9:59:59.000
What is the most important thing I could be working on in the world right now?

9:59:59.000,9:59:59.000
And if you're not working on that, why aren't you?

9:59:59.000,9:59:59.000
[Protesters] This is what democracy looks like!

9:59:59.000,9:59:59.000
[crowd chants]

9:59:59.000,9:59:59.000
Internet freedom's under attack, what do we do?

9:59:59.000,9:59:59.000
Stand up, fight back!

9:59:59.000,9:59:59.000
Internet freedom's under attack, what do we do?

9:59:59.000,9:59:59.000
Hey, hey! Ho, ho! NROC has got to go!