WEBVTT 00:00:50.278 --> 00:00:56.794 A cofounder of the social, news and entertainment website Reddit has been found dead. 00:00:57.404 --> 00:01:02.096 He certainly was a prodigy, although he never thought of himself like that. 00:01:02.096 --> 00:01:04.920 He was totally unexcited 00:01:04.920 --> 00:01:08.444 about starting businesses and making money. 00:01:09.904 --> 00:01:14.879 There's a profound sense of loss tonight in Highland Park, Aaron Swartz's hometown, 00:01:14.879 --> 00:01:18.391 as loved ones say goodbye to one of the Internet's brightest lights. 00:01:18.471 --> 00:01:21.841 Freedom, open access, and computer activists are mourning his loss. 00:01:21.841 --> 00:01:25.069 "An astonishing intellect", if you talk to people who knew him. 00:01:25.069 --> 00:01:29.726 He was killed by the government, and MIT betrayed all of its basic principles. 00:01:29.726 --> 00:01:32.976 They wanted to make an example out of him, okay? 00:01:35.176 --> 00:01:39.053 Governments have an insatiable desire to control. 00:01:39.053 --> 00:01:43.477 He was potentially facing 35 years in prison and a one million dollar fine. 00:01:43.477 --> 00:01:50.019 Raising questions of prosecutorial zeal, and I would say even misconduct. 00:01:50.019 --> 00:01:55.437 Have you looked into that particular matter and reached any conclusions? 00:01:57.399 --> 00:02:01.695 Growing up, I slowly had this process of realizing that all the things around me that 00:02:01.695 --> 00:02:06.433 people had told me were just the natural way things were, the way things always would be, 00:02:06.433 --> 00:02:08.720 they weren't natural at all, there were things that could be changed 00:02:08.720 --> 00:02:11.824 and there were things that more importantly were wrong and should change, 00:02:11.824 --> 00:02:14.364 and once I realized that, there was really no going back. 00:02:24.274 --> 00:02:28.061 Welcome to story reading time. 00:02:28.061 --> 00:02:33.053 The name of the book is "Paddington at the Fair". 00:02:33.053 --> 00:02:36.674 Well, he was born in Highland Park and grew up here. 00:02:36.674 --> 00:02:40.038 Aaron came from a family of three brothers, all extraordinarily bright. 00:02:40.038 --> 00:02:44.522 "Oh, the box is tipping over..." 00:02:44.532 --> 00:02:48.384 So we were all, you know, not the best behaved children. 00:02:48.384 --> 00:02:51.682 You know, three boys running around all the time, causing trouble. 00:02:51.682 --> 00:02:54.005 "Hey, no, no no!" 00:02:54.005 --> 00:02:55.874 – Aaron! – What? 00:02:55.874 --> 00:03:01.134 But I've come to the realization that Aaron learned how to learn at a very young age. 00:03:01.161 --> 00:03:06.441 "One, two, three, four, five, six, seven, eight, nine, ten!" 00:03:06.471 --> 00:03:09.232 - Knock, knock! - Who's there? 00:03:09.232 --> 00:03:11.727 - Aaron. - Aaron who? 00:03:11.727 --> 00:03:12.853 - Aaron Funnyman. 00:03:12.853 --> 00:03:15.248 He knew what he wanted, and he always wanted to do it. 00:03:15.248 --> 00:03:17.409 He always accomplished what he wanted. 00:03:18.459 --> 00:03:21.508 His curiosity was endless. NOTE Paragraph 00:03:21.508 --> 00:03:27.047 "Here's a little picture of what the planets are. And each planet has a symbol." 00:03:27.047 --> 00:03:33.097 "Mercury symbol, Venus symbol, Earth symbol, Mars symbol, Jupiter symbol." 00:03:33.097 --> 00:03:37.089 One day he said to Susan, "What's this free family entertainment downtown Highland Park?" 00:03:37.089 --> 00:03:40.484 "Free family entertainment downtown Highland Park." 00:03:40.484 --> 00:03:42.501 He was three at the time. 00:03:42.501 --> 00:03:44.642 She said, "What are you talking about?" 00:03:44.642 --> 00:03:46.412 He said: "Look, it says here on the refrigerator," 00:03:46.412 --> 00:03:50.092 "Free family entertainment downtown Highland Park." 00:03:50.092 --> 00:03:54.513 She was floored and astonished that he could read. 00:03:55.010 --> 00:03:59.010 It's called "My Family Seder". 00:03:59.755 --> 00:04:04.840 The Seder night is different from all other nights. 00:04:04.840 --> 00:04:08.772 I remember once, we were at the University of Chicago Library. 00:04:08.847 --> 00:04:12.318 I pulled a book off the shelf that was from like 1900, 00:04:12.318 --> 00:04:16.150 and showed to him and said, "You know, this is really just an extraordinary place." 00:04:16.150 --> 00:04:22.509 We all were curious children, but Aaron really liked learning and really liked teaching. 00:04:22.509 --> 00:04:27.495 "And we're going to learn the ABC backwards." 00:04:27.495 --> 00:04:31.385 "Z, Y, X, W, V, U, T..." 00:04:31.493 --> 00:04:35.290 I remember he came home from his first Algebra class. 00:04:35.290 --> 00:04:38.748 He was like, "Noah, let me teach you algebra!" 00:04:38.748 --> 00:04:41.134 And I'm like, "What is algebra?" 00:04:41.134 --> 00:04:43.137 And he was always like that. 00:04:43.137 --> 00:04:48.618 "Now let's press click button, there! Now it's got that!" 00:04:48.618 --> 00:04:51.858 "Now it's in pink!" 00:04:51.858 --> 00:04:56.098 When he was about two or three years old, and Bob introduced him to computers, 00:04:56.098 --> 00:04:59.600 then he just took off like crazy on them. 00:04:59.600 --> 00:05:03.507 (baby talk) 00:05:03.507 --> 00:05:09.237 We all had computers, but Aaron really took to them, really took to the Internet. 00:05:09.237 --> 00:05:12.965 - Working at the computer? - Nah... 00:05:12.965 --> 00:05:16.038 "How come... Mommy, why is nothing working?" 00:05:16.038 --> 00:05:18.297 He started programming from a really young age. 00:05:18.297 --> 00:05:21.506 I remember the first program that I wrote with him was in BASIC, 00:05:21.506 --> 00:05:24.385 and it was a Star Wars trivia game. 00:05:25.875 --> 00:05:30.186 He sat down with me in the basement, where the computer was, 00:05:30.186 --> 00:05:33.047 for hours, programming this game. 00:05:34.817 --> 00:05:38.511 The problem that I kept having with him is that there was nothing that I wanted done, 00:05:38.511 --> 00:05:41.553 and to him, there was always something to do, 00:05:41.553 --> 00:05:44.375 always something that programming could solve. 00:05:47.085 --> 00:05:50.511 The way Aaron always saw it, is that programming is magic. 00:05:50.511 --> 00:05:54.042 You can accomplish these things that normal humans can't. 00:05:54.042 --> 00:05:58.365 Aaron made an ATM using like a Macintosh and like a cardboard box. 00:05:58.365 --> 00:06:01.838 One year for Halloween, I didn't know what I wanted to be, 00:06:01.838 --> 00:06:06.358 and he thought it would be really, really cool if I dressed up like his new favorite computer, 00:06:06.358 --> 00:06:09.108 which at the time was the original iMac. 00:06:09.108 --> 00:06:12.824 I mean, he hated dressing up for Halloween but he loved convincing other people 00:06:12.824 --> 00:06:16.070 to dress up as things that he wanted to see. 00:06:16.070 --> 00:06:20.395 "Host Aaron, stop! Guys, come on, look at the camera!" 00:06:20.395 --> 00:06:22.720 "Spiderman looks at the camera!" 00:06:24.010 --> 00:06:31.365 He made this website called The Info, where people can just fill in information. 00:06:31.365 --> 00:06:34.987 I'm sure someone out there knows all about gold, gold leafing... 00:06:34.987 --> 00:06:38.722 Why they don't write about that on this website? And then other people can come at a later point, 00:06:38.722 --> 00:06:43.347 and read that information, and edit the information if they thought it was bad. 00:06:43.347 --> 00:06:46.226 Not too dissimilar from Wikipedia, right? 00:06:46.226 --> 00:06:51.584 And this was before Wikipedia had begun, and this was developed by a 12-year-old, 00:06:51.584 --> 00:06:58.452 in his room, by himself, running on this tiny server using ancient technology. 00:06:58.452 --> 00:07:01.282 And one of the teachers responds, 00:07:01.282 --> 00:07:07.282 "This is a terrible idea, you can't just let anyone author the encyclopedia!" 00:07:07.282 --> 00:07:10.142 "The whole reason we have scholars is to write these books for us." 00:07:10.142 --> 00:07:12.674 "How could you ever have such a terrible idea?" 00:07:12.674 --> 00:07:16.701 Me and my other brother would be like, "Oh, you know, yeah Wikipedia is cool, but..." 00:07:16.701 --> 00:07:20.408 "we had that in our house, like, five years ago." 00:07:21.288 --> 00:07:25.597 Aaron's website, theinfo.org, wins a school competition 00:07:25.597 --> 00:07:30.348 hosted by the Cambridge-based web design firm ArsDigita. 00:07:33.688 --> 00:07:38.090 We all went to Cambridge when he won the ArsDigita prize 00:07:38.090 --> 00:07:40.056 and we had no clue what Aaron was doing. 00:07:40.056 --> 00:07:43.358 It was obvious that the prize was really important. 00:07:44.118 --> 00:07:47.961 Aaron soon became involved with online programming communities, 00:07:47.961 --> 00:07:51.437 then in the process of shaping a new tool for the Web. 00:07:51.437 --> 00:07:55.545 He comes up to me: "Ben, there's this really awesome thing that I'm working on." 00:07:55.545 --> 00:07:57.713 "You need to hear about it!" 00:07:57.713 --> 00:07:59.742 "Yeah, what is it?" 00:07:59.742 --> 00:08:01.769 "It's this thing called RSS." 00:08:02.689 --> 00:08:07.521 And he explains to me what RSS is. I'm like, "Why is that useful, Aaron?" 00:08:07.521 --> 00:08:11.268 "Is any site using it, why would I want to use it?" 00:08:11.268 --> 00:08:16.633 There is this mailing list for people who are working on RSS, and XML more generally, 00:08:16.633 --> 00:08:21.254 and there was a person on it named Aaron Swartz who was combative but very smart, 00:08:21.254 --> 00:08:24.765 and who had lots of good ideas, and 00:08:24.765 --> 00:08:28.636 he didn't ever come to the face-to-face meetings, and they said, 00:08:28.636 --> 00:08:31.922 "You know, when are you gonna come to one of these face-to-face meetings?" 00:08:31.922 --> 00:08:37.222 And he said, "You know, I don't think my mom would let me. I've just turned fourteen." 00:08:37.222 --> 00:08:42.674 And so their first reaction was: "Well, this person, this colleague we've been working with all year 00:08:42.674 --> 00:08:46.694 was thirteen years old while we were working with him, and he's only fourteen now." 00:08:46.694 --> 00:08:48.007 And their second reaction was: 00:08:48.007 --> 00:08:51.290 "Christ, we really want to meet him. That's extraordinary!" 00:08:51.290 --> 00:08:53.685 He was part of the committee that drafted RSS. 00:08:53.685 --> 00:08:59.151 What he was doing was to help build the plumbing for modern hypertext. 00:08:59.151 --> 00:09:05.856 The piece that he was working on, RSS, was a tool that you can use to get summaries 00:09:05.856 --> 00:09:08.675 of things that are going on on other web pages. 00:09:08.675 --> 00:09:10.613 Most commonly, you would use this for a blog. 00:09:10.613 --> 00:09:13.511 You might have 10 or 20 people's blogs you wanna read. 00:09:13.511 --> 00:09:18.318 You use their RSS feeds, these summaries of what's going on on those other pages 00:09:18.318 --> 00:09:22.609 to create a unified list of all the stuff that's going on. 00:09:22.609 --> 00:09:27.618 Aaron was really young, but he understood the technology and he saw that it was imperfect 00:09:27.618 --> 00:09:30.418 and looked for ways to help make it better. 00:09:35.645 --> 00:09:39.965 So his mom started bundling him on planes in Chicago, we'd pick him up in San Francicso. 00:09:39.965 --> 00:09:45.363 We'd introduce him to interesting people to argue with, and we'd marvel at his horrific eating habits. 00:09:45.363 --> 00:09:51.072 He only ate white food, only like steamed rice and not fried rice 'cause that wasn't sufficiently white 00:09:51.072 --> 00:09:53.700 and white bread, and so on... 00:09:53.700 --> 00:09:59.250 and you kind of marveled at the quality of the debate emerging from this, 00:09:59.263 --> 00:10:01.744 what appeared to be a small boy's mouth, 00:10:01.744 --> 00:10:05.063 and you'd think, this is a kid that's really going to get somewhere if he doesn't die of scurvy. 00:10:05.063 --> 00:10:06.693 Aaron, you're up! 00:10:06.693 --> 00:10:10.002 I think the difference is that now you can't make companies like dotcoms. 00:10:10.002 --> 00:10:15.720 You can't have companies that just sell dog food over the Internet, or sell dog food over cell phones. 00:10:15.720 --> 00:10:18.186 But there's still a lot of innovation going on. 00:10:18.186 --> 00:10:21.425 I think that maybe if you don't see the innovation, maybe your head is in the sand! 00:10:21.425 --> 00:10:24.696 He takes on this, like an alpha nerd personality, where he's 00:10:24.696 --> 00:10:28.612 sort of like, "I'm smarter than you, and because I'm smarter than you, I'm better than you, 00:10:28.612 --> 00:10:30.884 and I can tell you what to do." 00:10:30.884 --> 00:10:35.202 It's an extension of, like, him being kind of like a twerp. 00:10:35.310 --> 00:10:39.010 So you aggregate all these computers together and now they're solving big problems 00:10:39.010 --> 00:10:42.040 like searching for aliens and trying to cure cancer. 00:10:45.110 --> 00:10:48.470 I first met him on IRC, on Internet Relay Chat. 00:10:48.470 --> 00:10:53.490 He didn't just write code, he also got people excited about solving problems he got. 00:10:53.490 --> 00:10:55.617 He was a connector. 00:10:55.617 --> 00:10:58.417 The free culture movement has had a lot of this energy. 00:10:58.751 --> 00:11:03.872 I think Aaron was trying to make the world work. He was trying to fix it. 00:11:03.872 --> 00:11:08.640 He had a very kind of strong personality, that definitely ruffled feathers at times. 00:11:08.640 --> 00:11:13.395 It wasn't necesarily the case that he was always comfortable in the world 00:11:13.395 --> 00:11:16.265 and the world wasn't always comfortable with him. 00:11:18.994 --> 00:11:22.994 Aaron got into high school and was really just sick of school. 00:11:22.999 --> 00:11:27.939 He didn't like it. He didn't like any of the classes that were being thaught. He didn't like the teachers. 00:11:27.939 --> 00:11:30.496 Aaron really knew how to get information. 00:11:30.496 --> 00:11:34.819 He was like, "I don't need to go to this teacher to learn how to do geometry. 00:11:34.819 --> 00:11:37.012 I can just read the geometry book, 00:11:37.032 --> 00:11:41.178 and I don't need to go to this teacher to learn their version of American history, 00:11:41.178 --> 00:11:45.400 I have, like, three historical compilations here, I could just read them, 00:11:45.400 --> 00:11:49.091 and I'm not interested in that, I'm interested in the web." 00:11:49.091 --> 00:11:53.368 I was very frustrated with school. I thought the teachers didn't know what they were talking about, 00:11:53.368 --> 00:11:57.021 and they were domineering and controlling, and the homework was kind of a sham, 00:11:57.021 --> 00:12:01.103 and it was all just like all about a way to pen students all together and force them to do busywork. 00:12:01.103 --> 00:12:05.305 And, you know, I started reading books about the history of education 00:12:05.305 --> 00:12:07.847 and how this educational system was developed, 00:12:07.847 --> 00:12:11.221 and, you know, alternatives to it and ways that people could actually learn things 00:12:11.221 --> 00:12:15.021 as opposed to just regurgitating facts that teachers told them, 00:12:15.240 --> 00:12:19.428 and that kind of led me down this path of questioning things, once I questioned the school I was in. 00:12:19.428 --> 00:12:24.361 I questioned the society that built the school. I questioned the businesses that the schools were training people for. 00:12:24.361 --> 00:12:28.089 I questioned the government that set up this whole structure. 00:12:28.089 --> 00:12:32.022 One of the thing he was most passionate about was copyright, especially in those early days. 00:12:32.192 --> 00:12:37.600 Copyright has always been something kind of a burden on the publishing industry and on readers, 00:12:38.120 --> 00:12:43.460 but it wasn't an excessive burden, it was a reasonable institution to have in place, 00:12:44.477 --> 00:12:46.913 to make sure that people got paid. 00:12:47.045 --> 00:12:53.083 What Aaron's generation experienced was the collision between this antique copyright system 00:12:53.083 --> 00:12:57.120 and this amazing new thing we were trying to build, the Internet and the Web. 00:12:57.120 --> 00:13:00.260 These things collided, and what we got was chaos. 00:13:02.454 --> 00:13:06.061 He then met Harvard's Law professor Lawrence Lessig, 00:13:06.061 --> 00:13:09.328 who was then challenging copyright law in the Supreme Court. 00:13:09.328 --> 00:13:13.269 A young Aaron Swartz flew to Washington to listen to the Supreme Court hearings. 00:13:13.279 --> 00:13:17.759 I am Aaron Swartz and I'm here to listen to the LD, to see the LD document. 00:13:17.894 --> 00:13:23.144 Why did you fly out here from Chicago, and come all this way to see the LD argument? 00:13:23.493 --> 00:13:25.743 That's a more difficult question... 00:13:29.231 --> 00:13:33.974 I don't know. It's very exciting to see the Supreme Court, 00:13:33.974 --> 00:13:36.704 especially in such a prestigious case as this one. 00:13:42.669 --> 00:13:47.039 Lessig was also moving forward with a new way to define copyright on the Internet. 00:13:47.039 --> 00:13:49.356 It was called Creative Commons. 00:13:49.356 --> 00:13:53.560 So the simple idea of Creative Commons is to give people, creators, 00:13:53.560 --> 00:13:58.694 a simple way to mark their creativity with the freedoms they intended to carry. 00:13:58.694 --> 00:14:04.583 So if copyright is all about "All rights reserved", then this is a kind of a "Some rights reserved" model. 00:14:04.583 --> 00:14:08.789 I want a simple way to say to you, "Here's what you can do with my work, 00:14:08.979 --> 00:14:13.715 even if there are other things which you need to get my permission before you could do." 00:14:13.715 --> 00:14:16.501 And Aaron's role was the computer part. 00:14:16.501 --> 00:14:20.802 Like, how do you architect the licenses so they'll be simple and understandable 00:14:20.802 --> 00:14:24.127 and expressed in a way so that machines can process it? 00:14:24.207 --> 00:14:29.994 And people were like, "Why do you have this fifteen-year-old kid writing the specifications for Creative Commons? 00:14:29.994 --> 00:14:32.159 Don't you think that's a huge mistake?" 00:14:32.159 --> 00:14:35.679 And Larry's like, "The biggest mistake we would have is not listening to this kid." 00:14:36.031 --> 00:14:39.668 He barely is not even tall enough to even get over the podium, 00:14:39.711 --> 00:14:43.100 and it was this movable podium so it was this embarrassing thing, 00:14:43.102 --> 00:14:45.968 where once he put his screen up nobody could see his face. 00:14:46.874 --> 00:14:51.257 When you come to our website here, and you go to "Choose License". 00:14:51.257 --> 00:14:56.957 It gives you this list of options, it explains what it means, and you've got three simple questions: 00:14:57.740 --> 00:15:00.055 "Do you want to require attribution?" 00:15:00.225 --> 00:15:03.287 "Do you want to allow commercial uses of your work?" 00:15:03.507 --> 00:15:06.413 "Do you want to allow modifications of your work?" 00:15:06.413 --> 00:15:12.246 I was floored, just completely flabbergasted that these adults regarded him as an adult, 00:15:12.246 --> 00:15:16.428 and Aaron stood up there in front of a whole audience full of people, and just started talking 00:15:16.428 --> 00:15:20.421 about the platform that he'd created for Creative Commons, 00:15:20.421 --> 00:15:23.372 and they were all listening to him, just... 00:15:23.372 --> 00:15:28.742 I was sitting at the back, thinking: he's just a kid, why are they listening to him? 00:15:28.892 --> 00:15:29.978 But they did... 00:15:30.168 --> 00:15:32.784 Well, I don't think I comprehended it fully. 00:15:32.784 --> 00:15:37.171 Though critics have said it does little to ensure artists get paid for their work, 00:15:37.216 --> 00:15:40.572 the success of Creative Commons has been enormous. 00:15:40.572 --> 00:15:46.776 Currently on the website Flickr alone, over 200 million people use some form of Creative Commons license. 00:15:46.992 --> 00:15:56.638 He contributed through his technical abilities, and yet it was not simply a technical matter to him. 00:15:57.651 --> 00:16:00.551 Aaron often wrote candidly in his personal blog: 00:16:01.101 --> 00:16:05.812 I think deeply about things, and I want others to do likewise. 00:16:06.722 --> 00:16:11.049 I work for ideas and learn from people. I don't like excluding people. 00:16:11.429 --> 00:16:15.556 I'm a perfectionist, but I won't let that get in the way of publication. 00:16:15.636 --> 00:16:19.661 Except for education and entertainment, I'm not going to waste my time 00:16:19.661 --> 00:16:21.654 on things that won't have an impact. 00:16:21.654 --> 00:16:26.161 I try to be friends with everyone, but I hate it when you don't take me seriously. 00:16:26.161 --> 00:16:32.086 I don't hold grudges, it's not productive, but I learn from my experience. 00:16:32.086 --> 00:16:35.396 I want to make the world a better place. 00:16:41.102 --> 00:16:46.475 In 2004, Swartz leaves Highland Park and enrolls in Stanford University. 00:16:46.475 --> 00:16:51.848 He'd had ulcerative colitis which was very troubling, and we were concerned about him taking his medication. 00:16:51.848 --> 00:16:55.863 He got hospitalized and he would take this cocktail of pills every day, 00:16:56.753 --> 00:17:01.093 and one of those pills was a steroid which stunted his growth, 00:17:01.093 --> 00:17:04.782 and made him feel different from any of the other students. 00:17:04.782 --> 00:17:07.828 Aaron, I think, shows up at Stanford ready to do scholarship 00:17:07.828 --> 00:17:12.801 and finds himself in effectively a babysitting program for overachieving high-schoolers 00:17:12.801 --> 00:17:20.828 who in four years are meant to become captains of industry and one-percenters 00:17:20.828 --> 00:17:25.578 and I think it just made him bananas. 00:17:26.077 --> 00:17:29.197 In 2005, after only one year of college, 00:17:29.197 --> 00:17:35.874 Swartz was offered a spot at a new start-up incubation firm called Y Combinator, lead by Paul Graham. 00:17:36.431 --> 00:17:39.777 He's like, "Hey, I have this idea for a a website." 00:17:39.851 --> 00:17:43.170 And Paul Graham likes him enough, and says, "Yeah, sure." 00:17:43.170 --> 00:17:46.650 So Aaron drops out of school, moves to this apartment... 00:17:46.668 --> 00:17:49.604 So this used to be Aaron's apartment when he moved here. 00:17:49.604 --> 00:17:55.397 I have vague memories of my father telling me how difficult it was to get a lease 00:17:55.397 --> 00:17:58.737 'cause Aaron had no credit and he dropped out of college. 00:17:58.742 --> 00:18:04.989 Aaron lived in what's now the livingroom and some of the posters are leftover from when Aaron lived here. 00:18:04.989 --> 00:18:09.889 And then the library... there are more books, but a lot of them are Aaron's. 00:18:11.551 --> 00:18:17.511 Aaron's Y Combinator site was called infogami, a tool to build websites. 00:18:17.511 --> 00:18:21.098 But infogami struggles to find users, and Swartz eventually 00:18:21.098 --> 00:18:25.037 merges his company with another Y Combinator project in need of help. 00:18:25.037 --> 00:18:29.919 It was a project headed by Steve Huffman and Alexis Ohanian, called reddit. 00:18:29.919 --> 00:18:33.988 That we were, starting from almost nothing. No users, no money, no code, 00:18:33.988 --> 00:18:37.657 and growing day by day into a hugely popular website, 00:18:37.657 --> 00:18:39.846 And it showed no signs of letting up. 00:18:39.846 --> 00:18:44.373 First we had 1000 users, then 10000, then 20000 and on, and on... It was just incredible... 00:18:44.373 --> 00:18:49.563 reddit becomes huge and it's a real sort of geeky corner of the Internet. 00:18:52.642 --> 00:19:01.220 There's a lot of humor, there's a lot of art, and there's just people who flock to the site, 00:19:01.220 --> 00:19:07.883 and make that site the main site they go to every morning to get their news. 00:19:07.883 --> 00:19:12.008 reddit kind of just borders on chaos at some levels, 00:19:12.008 --> 00:19:19.368 so on the one hand it's a place where people discuss news of the day, technology, politics and issues, 00:19:19.368 --> 00:19:24.824 and yet there is a lot of kind of Not Safe For Work material, offensive material, 00:19:24.824 --> 00:19:29.716 there are some sub-reddits where trolls find a welcome home, 00:19:29.716 --> 00:19:33.929 and so, in that sense reddit has been kind of home to controversy, as well. 00:19:33.929 --> 00:19:36.791 It kind of sits on that edge of chaos. 00:19:36.791 --> 00:19:41.081 reddit catches the attention of the corporate magazine giant Condé Nast, 00:19:41.081 --> 00:19:42.938 who makes an offer to buy the company. 00:19:42.938 --> 00:19:46.939 Some large amount of money, large enough that my dad was getting bugged with questions 00:19:46.939 --> 00:19:51.079 about like: "How do I store this money?" 00:19:51.302 --> 00:19:54.272 - Like a lot of money... - Like a lot of money. 00:19:54.272 --> 00:20:00.319 Like probably more than a million dollars, but I don't actually know. 00:20:00.319 --> 00:20:03.461 - And he's how old at the time? - 19, 20. 00:20:05.165 --> 00:20:11.205 So it was in this apartment. They sat around on what predated these couches, 00:20:11.205 --> 00:20:14.675 hacking on reddit, and when they sold reddit 00:20:14.757 --> 00:20:18.641 they threw a giant party, and then all flew out to California the next day, 00:20:18.641 --> 00:20:21.885 and left the keys with me. 00:20:24.261 --> 00:20:27.480 It was funny, you know, he'd just sold his start-up so we all presumed 00:20:27.480 --> 00:20:29.329 he was the richest person around 00:20:29.329 --> 00:20:33.920 but he said, "Oh no, I'll take this tiny little shoebox-sized room. That's all I need." 00:20:33.920 --> 00:20:36.146 It was barely larger than a closet. 00:20:36.146 --> 00:20:42.499 The idea of him spending his money on fancy objects just seemed so implausible. 00:20:42.580 --> 00:20:47.590 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, 00:20:47.750 --> 00:20:49.888 and I like wearing jeans and a T-shirt, 00:20:50.016 --> 00:20:52.046 so I'm not going to spend any more money on clothes. 00:20:52.046 --> 00:20:54.576 So it's really no big deal." 00:20:54.576 --> 00:20:57.966 What is a big deal to Swartz is how traffic flows on the internet, 00:20:58.140 --> 00:21:00.680 and what commands our attention. 00:21:00.844 --> 00:21:04.252 In the old system of broadcasting, you're fundamentally limited by the amount of 00:21:04.252 --> 00:21:08.583 space in the airwaves. You could only send out ten channels over the airwaves, television 00:21:08.583 --> 00:21:10.915 or even with cable, you had 500 channels. 00:21:11.003 --> 00:21:15.593 On the Internet, everybody can have a channel. Everyone can get a blog, or a MySpace page. 00:21:15.690 --> 00:21:18.274 Everyone has a way of expressing themselves. 00:21:18.274 --> 00:21:21.280 What you see now is not a question of who gets access to the airwaves, 00:21:21.280 --> 00:21:25.100 it's a question of who gets control over the ways you find people. 00:21:25.120 --> 00:21:29.286 You know, you start seeing power centralizing in sites like Google, theses sort of gatekeepers that tell you 00:21:29.286 --> 00:21:30.993 where on the internet you want to go. 00:21:30.993 --> 00:21:34.273 The people who provide you your sources of news and information. 00:21:34.273 --> 00:21:38.314 So it's not only certain people have a license to speak, now everyone has 00:21:38.314 --> 00:21:40.904 a license to speak. It's a question of who gets heard. 00:21:45.196 --> 00:21:49.806 After he started working in San Francisco at Condé Nast, he comes into the office 00:21:49.806 --> 00:21:53.792 and they want to give him a computer with all this crap installed on it 00:21:53.792 --> 00:21:57.273 and say he can't install any new things on this computer, 00:21:57.273 --> 00:21:59.375 which to developers is outrageous. 00:21:59.375 --> 00:22:02.095 From the first day, he was complaining about all the stuff. 00:22:05.317 --> 00:22:11.147 "Gray walls, gray desks, gray noise. The first day I showed up here, I simply couldn't take it. 00:22:11.147 --> 00:22:15.483 By lunchtime, I had literally locked myself in a bathroom stall and started crying. 00:22:15.483 --> 00:22:18.285 I can't imagine staying sane with someone buzzing in my ear all day 00:22:18.285 --> 00:22:21.575 Let alone getting any actual work done. 00:22:21.575 --> 00:22:24.087 Nobody else seems to get work done here either 00:22:24.087 --> 00:22:27.587 Everybody's always coming into our room to hang out and chat, or invite us to play 00:22:27.587 --> 00:22:29.927 the new video game system that Wired is testing." 00:22:32.972 --> 00:22:37.867 He really had different aspirations that were politically-oriented, 00:22:37.987 --> 00:22:41.862 and Silicon Valley just doesn't really quite have that culture 00:22:41.862 --> 00:22:46.967 that orients technical activity for the purposes of political goals. 00:22:47.237 --> 00:22:49.613 Aaron hated working for a corporation. 00:22:49.613 --> 00:22:53.673 They all hate working for Condé Nast, but Aaron is the only one who is not going to take it. 00:22:53.694 --> 00:22:55.884 And Aaron basically gets himself fired. 00:22:55.903 --> 00:22:58.313 By not showing up to work, ever. 00:23:01.183 --> 00:23:05.434 It was said to be a messy breakup. Both Alexis Ohanian and Steve Huffman 00:23:05.447 --> 00:23:08.277 declined to be interviewed for this film. 00:23:09.251 --> 00:23:15.891 He rejected the business world. One of the really important things to remember about 00:23:15.891 --> 00:23:22.664 that choice when Aaron decided to leave start-up culture is that he was also leaving behind 00:23:22.664 --> 00:23:31.334 the things that had made him famous and well-loved, and he was at risk of letting down fans. 00:23:31.422 --> 00:23:35.866 He got to where he was supposed to be going, and had the self-awareness 00:23:35.866 --> 00:23:43.051 and the orneriness to realize that he had climbed the mountain of shit to pluck 00:23:43.051 --> 00:23:45.849 the single rose and discovered that he'd lost his sense of smell, 00:23:45.849 --> 00:23:50.399 and rather than sit there and insist that it wasn't as bad as it seemed, 00:23:50.399 --> 00:23:53.693 and he did get the rose in any event, 00:23:53.693 --> 00:23:57.413 he climbed back down again, which is pretty cool. 00:23:58.026 --> 00:24:01.728 The way Aaron always saw it, is that programming is magic-- 00:24:01.728 --> 00:24:07.110 you can accomplish these things that normal humans can't, by being able to program. 00:24:07.110 --> 00:24:13.310 So if you had magical powers, would you use them for good, or to make you mountains of cash? 00:24:15.009 --> 00:24:18.478 Swartz was inspired by one of the visionaries he had met as a child. 00:24:18.478 --> 00:24:22.387 The man who had invented the World Wide Web, Tim Berners-Lee. 00:24:22.387 --> 00:24:25.938 In the 1990s, Berners-Lee was arguably sitting on 00:24:25.938 --> 00:24:29.260 one of the most lucrative inventions of the 20th century, 00:24:29.260 --> 00:24:35.137 but instead of profiting from the invention of the World Wide Web, he gave it away for free. 00:24:36.067 --> 00:24:39.707 It is the only reason the World Wide Web exists today. 00:24:41.118 --> 00:24:45.261 Aaron is certainly deeply influenced by Tim. 00:24:45.261 --> 00:24:50.928 Tim is certainly a very prominent early Internet genius, who doesn't in any sense cash out. 00:24:50.928 --> 00:24:55.865 He's not at all interested in how he's going to figure out how to make a billion dollars. 00:24:55.865 --> 00:24:57.829 People were saying, "Ah, there's money to be made there," 00:24:57.829 --> 00:25:00.636 so there would have been lots of little webs, 00:25:00.636 --> 00:25:02.139 instead of one big one, 00:25:02.139 --> 00:25:05.030 and one little web, and all sorts of webs doesn't work, 00:25:05.030 --> 00:25:08.080 because you can't follow links from one to the other. 00:25:10.173 --> 00:25:14.112 You had to have the critical masses--the thing was the entire planet, 00:25:14.112 --> 00:25:17.172 so it's not going to work unless the whole planet can get on board. 00:25:24.141 --> 00:25:28.372 I feel very strongly that it's not enough to just live in the world as it is, 00:25:28.702 --> 00:25:34.732 to just kind of take what you're given, and you know, follow the things that adults told you to do, 00:25:34.732 --> 00:25:39.032 and that your parents told you to do, and that society tells you to do. I think you should always be questioning. 00:25:39.045 --> 00:25:43.145 I take this very scientific attitude, that everything you've learned is just provisional, 00:25:43.405 --> 00:25:49.267 that it's always open to recantation or refutation or questioning, and I think the same applies to society. 00:25:49.267 --> 00:25:53.491 Once I realized that there were real serious problems--fundamental problems-- 00:25:53.491 --> 00:25:58.601 that I could do something to address, I didn't see a way to forget that. I didn't see a way not to. 00:26:02.600 --> 00:26:04.831 We just started spending a lot of time, 00:26:04.831 --> 00:26:06.621 just kind of as friends. 00:26:08.912 --> 00:26:11.884 We would just talk, for hours, into the night. 00:26:14.393 --> 00:26:18.110 I definitely should have understood that he was flirting with me. I think to some degree, 00:26:18.110 --> 00:26:23.980 I was, like, this is a terrible idea, and impossible, and therefore I will pretend it is not happening. 00:26:25.161 --> 00:26:28.937 As my marriage was breaking down, and I was really stuck without anywhere to go, 00:26:28.937 --> 00:26:32.927 we became roommates, and I brought my daughter over. 00:26:34.081 --> 00:26:37.246 We moved in, and furnished the house, and it was really peaceful. 00:26:37.246 --> 00:26:40.816 My life had not been peaceful for a while, and really neither had his. 00:26:46.225 --> 00:26:54.073 We were extremely close from the beginning of our romantic relationship. 00:26:54.073 --> 00:26:57.633 We just...we were in constant contact. 00:26:57.633 --> 00:27:02.432 But we're both really difficult people to deal with. [laughs] 00:27:04.495 --> 00:27:10.865 In a very Ally McBeal discussion, he confessed he had a theme song, and I made him play it for me. 00:27:12.345 --> 00:27:16.504 It was "Extraordinary Machine" by Fiona Apple. 00:27:16.504 --> 00:27:24.154 I think it was just that sense of kind of being a little bit embattled that the song has, 00:27:25.054 --> 00:27:27.697 and it also had, like, this hopefulness to it. 00:27:27.837 --> 00:27:34.418 ♪ By foot it's a slow climb, but I'm good at being uncomfortable so I can't stop 00:27:34.418 --> 00:27:36.689 changing all the time ♪ 00:27:36.689 --> 00:27:44.481 In many ways, Aaron was tremendously optimistic about life. Even when he didn't feel it, 00:27:44.481 --> 00:27:47.041 he could be tremendously optimistic about life. 00:27:47.041 --> 00:27:49.561 ♪ Extraordinary machine ♪ 00:27:53.237 --> 00:27:58.317 - What are you doing? (Quinn) - Flicker has video now. 00:27:59.730 --> 00:28:01.743 Swartz threw his energy into a string of new 00:28:01.743 --> 00:28:04.731 projects involving access to public information, 00:28:04.731 --> 00:28:08.189 including an accountability webside called Watchdog.net, 00:28:08.189 --> 00:28:10.799 and a project called The Open Library. 00:28:10.986 --> 00:28:15.299 So, the Open Library Project is a website you can visit at openlibrary.org, 00:28:15.299 --> 00:28:19.778 and the idea is to be a huge wiki, an editable website with one page per book. 00:28:19.778 --> 00:28:23.910 So for every book ever published, we want to have a web page about it that combines 00:28:23.910 --> 00:28:29.551 all the information from publishers, from booksellers, from libraries, from readers 00:28:29.551 --> 00:28:34.587 onto one site, and then gives you links where you can buy it, you can borrow it, or you can browse it. 00:28:34.587 --> 00:28:39.958 I love libraries. I'm the kind of person who goes to a new city and immediately seeks out the library. 00:28:39.958 --> 00:28:44.050 That's the dream of Open Library, is building this website where both you can leap 00:28:44.050 --> 00:28:49.297 from book to book, from person to author, from subject to idea, go through this vast tree 00:28:49.297 --> 00:28:54.127 of knowledge that's been embedded and lost in big physical libraries, that's hard to find, 00:28:54.177 --> 00:28:59.086 that's not very well-accessible online. It's really important because books are our cultural legacy. 00:28:59.086 --> 00:29:01.283 Books are the place people go to write things down, 00:29:01.283 --> 00:29:05.813 and to have all that swallowed up by one corporation is kind of scary. 00:29:06.730 --> 00:29:10.771 How can you bring public access to the public domain? 00:29:10.771 --> 00:29:14.828 It may sound obvious that you'd have public access to the public domain, 00:29:14.828 --> 00:29:21.368 but in fact it's not true. So the public domain should be free to all, but it's often locked up. 00:29:21.378 --> 00:29:26.756 There's often guard cages. It's like having a national park but with a moat around it, 00:29:26.756 --> 00:29:33.245 and gun turrets pointed out, in case somebody might want to actually come and enjoy the public domain. 00:29:33.245 --> 00:29:39.458 One of the things Aaron was particularly interested in was bringing public access to the public domain. 00:29:39.458 --> 00:29:43.258 This is one of the things that got him into so much trouble. 00:29:46.254 --> 00:29:52.794 I had been trying to get access to federal court records in the United States. 00:29:54.458 --> 00:29:59.108 What I discovered was a puzzling system called PACER. 00:29:59.518 --> 00:30:03.124 Which stands for Public Access to Court Electronic Records. 00:30:03.124 --> 00:30:07.314 I started Googling, and that's when I ran across Carl Malamud. 00:30:08.886 --> 00:30:14.997 Access to legal materials in the United States is a ten billion dollar per year business. 00:30:14.997 --> 00:30:23.004 PACER is just this incredible abomination of government services. It's ten cents a page, 00:30:23.004 --> 00:30:27.471 it's this most braindead code you've ever seen. You can't search it. You can't bookmark anything. 00:30:27.471 --> 00:30:31.891 You've got to have a credit card, and these are public records. 00:30:31.891 --> 00:30:37.429 U.S. district courts are very important; it's where a lot of our seminal litigation starts. 00:30:37.429 --> 00:30:44.369 Civil rights cases, patent cases, all sorts of stuff. Journalists, students, citizens and lawyers 00:30:44.369 --> 00:30:48.637 all need access to PACER, and it fights them every step of the way. 00:30:48.637 --> 00:30:55.246 People without means can't see the law as readily as people that have that Gold American Express card. 00:30:55.246 --> 00:30:57.776 It's a poll tax on access to justice. 00:30:57.946 --> 00:31:04.096 You know, the law is the operating system of our democracy, and you have to pay to see it? 00:31:04.246 --> 00:31:07.135 You know, that's not much of a democracy. 00:31:07.135 --> 00:31:11.869 They make about 120 million dollars a year on the PACER system, 00:31:11.869 --> 00:31:18.236 and it doesn't cost anything near that, according to their own records. In fact, it's illegal. 00:31:18.937 --> 00:31:25.834 The E-Government Act of 2002 states that the courts may charge only to the extent necessary, 00:31:25.834 --> 00:31:29.591 in order to reimburse the costs of running PACER. 00:31:34.621 --> 00:31:40.160 As the founder of Public.Resource.Org, Malamud wanted to protest the PACER charges. 00:31:40.160 --> 00:31:43.300 He started a program called The PACER Recycling Project, 00:31:43.300 --> 00:31:47.297 where people could upload PACER documents they had already paid for 00:31:47.297 --> 00:31:50.334 to a free database so others could use them. 00:31:50.334 --> 00:31:55.331 The PACER people were getting a lot of flack from Congress and others about public access, 00:31:55.336 --> 00:32:00.925 and so they put together a system in 17 libraries across the country that was free PACER access. 00:32:01.885 --> 00:32:07.625 You know, that's one library every 22,000 square miles, I believe, so it wasn't like really convenient. 00:32:08.095 --> 00:32:12.173 I encouraged volunteers to join the so-called Thumb Drive Corps, 00:32:12.173 --> 00:32:17.157 and download docs from the public access libraries, upload them to the PACER recycling site. 00:32:17.157 --> 00:32:20.813 People take a thumb drive into one of these libraries, and they download a bunch of documents, 00:32:20.813 --> 00:32:25.089 and they send them to me. I mean, it was just a joke. 00:32:25.089 --> 00:32:28.636 In fact, when you clicked on Thumb Drive Corps, there was a Wizard of Oz, 00:32:28.636 --> 00:32:32.111 you know, the Munchkin singing, so a videoclip came up: 00:32:32.173 --> 00:32:35.034 ♪ We represent the lollipop guild. ♪ 00:32:35.260 --> 00:32:39.386 but of course, I get this phone calls from Steve Shultz and Aaron, saying, 00:32:39.621 --> 00:32:43.047 "Gee, we'd like to join the Thumb Drive Corps." 00:32:43.377 --> 00:32:47.544 Around that time, I ran into Aaron at a conference. 00:32:47.544 --> 00:32:51.633 This is something that really has to be a collaboration between a lot of different people. 00:32:51.633 --> 00:32:53.347 So I approached him and I said, 00:32:53.347 --> 00:32:58.195 "Hey, I am thinking about an intervention on the PACER problem." 00:32:59.865 --> 00:33:04.442 Schultz had already developed a program that could automatically download PACER documents 00:33:04.442 --> 00:33:06.459 from the trial libraries. 00:33:06.459 --> 00:33:08.796 Swartz wanted to take a look. 00:33:08.796 --> 00:33:13.481 So, I showed him the code, and I didn't know what would come next, 00:33:13.481 --> 00:33:19.033 but as it turns out, over the course of the next few hours at that conference, 00:33:19.033 --> 00:33:24.588 he was off sitting in a corner, improving my code, recruiting a friend of his 00:33:24.588 --> 00:33:32.139 that lived near one of these libraries to go into the library, and to begin to test his improved code, 00:33:32.139 --> 00:33:38.440 at which point the folks at the courts realized something is not going quite according to plan. 00:33:38.440 --> 00:33:42.901 And data started to come in, and come in, and come in 00:33:42.901 --> 00:33:47.632 and soon there was 760 GB of PACER docs, about 20 million pages. 00:33:48.862 --> 00:33:52.098 Using information retrieved from the trial libraries, 00:33:52.098 --> 00:33:57.304 Swartz was conducting massive automated parallel downloading of the PACER system. 00:33:57.304 --> 00:34:04.360 He was able to acquire nearly 2.7 million Federal Court documents, almost 20 million pages of text. 00:34:04.360 --> 00:34:09.865 Now, I'll grant you that 20 million pages had perhaps exceed the expectations of the people 00:34:09.865 --> 00:34:14.535 running the pilot access project, but surprising a bureaucrat isn't illegal. 00:34:14.830 --> 00:34:19.096 Aaron and Carl decided to go talk to The New York Times about what happened. 00:34:19.731 --> 00:34:26.500 They also caught the attention of the FBI, who began to stake out Swartz's parents' house in Illinois. 00:34:26.639 --> 00:34:31.053 And I get a tweet from his mother, saying, "Call me!!" 00:34:31.053 --> 00:34:34.127 So, I think, like, what the hell's going on here? 00:34:34.127 --> 00:34:38.981 And so, finally I get a hold of Aaron and, you know, Aaron's mother was like, "Oh my God, FBI, FBI, FBI!" 00:34:40.271 --> 00:34:45.831 An FBI agent drives down our home's driveway, trying to see if Aaron is in his room. 00:34:47.164 --> 00:34:51.899 I remember being home that day, and wondering why this car was driving down our driveway, 00:34:51.899 --> 00:34:55.110 and just driving back up. That's weird! 00:34:56.719 --> 00:35:04.953 Like, five years later I read this FBI file, like, oh my goodness: that was the FBI agent, in my driveway. 00:35:05.185 --> 00:35:09.009 He was terrified. He was totally terrified. 00:35:09.959 --> 00:35:14.920 He was way more terrified after the FBI actually called him up on the phone, 00:35:15.280 --> 00:35:19.302 and tried to sucker him into coming down to a coffee shop without a lawyer. 00:35:19.322 --> 00:35:23.664 He said he went home and lay down on the bed and, you know, was shaking. 00:35:25.511 --> 00:35:30.006 The downloading also uncovered massive privacy violations in the court documents. 00:35:30.242 --> 00:35:34.922 Ultimately, the courts were forced to change their policies as a result, 00:35:34.922 --> 00:35:39.850 and the FBI closed their investigation without bringing charges. 00:35:39.850 --> 00:35:42.722 To this day, I find it remarkable 00:35:42.722 --> 00:35:47.823 that anybody, even at the most remote podunk field office of the FBI 00:35:47.823 --> 00:35:52.327 thought that a fitting use for taxpayer dollars was investigating people 00:35:52.327 --> 00:35:55.491 for criminal theft on the grounds that they had made the law public. 00:35:55.491 --> 00:35:57.746 How can you call yourself a lawman, 00:35:58.055 --> 00:36:02.055 and think that there could possibly be anything wrong in this whole world 00:36:02.055 --> 00:36:03.815 with making the law public? 00:36:03.815 --> 00:36:09.455 Aaron was willing to put himself at risk for the causes that he believed in. 00:36:09.455 --> 00:36:15.586 Bothered by wealth disparity, Swartz moves beyond technology, and into a broader range of political causes. 00:36:15.586 --> 00:36:21.786 I went into Congress, and I invited him to come and hang out and intern for us for a while 00:36:21.812 --> 00:36:25.182 so that he could learn the political process. 00:36:25.194 --> 00:36:31.194 He was sort of learning about new community and new sets of skills and kind of learning to hack politics. 00:36:31.194 --> 00:36:36.506 It seems ridiculous that miners should have to hammer away until their whole bodies are dripping with sweat 00:36:36.506 --> 00:36:41.276 faced with the knowledge that if they dare to stop, they won't able to put food on the table that night, 00:36:41.306 --> 00:36:46.576 while I get to make larger and larger amounts of money each day just by sitting and watching TV. 00:36:46.648 --> 00:36:48.898 But apparently the world is ridiculous. 00:36:49.025 --> 00:36:53.035 So, I co-founded a group called "The Progressive Change Campaign Committee", 00:36:53.058 --> 00:36:58.298 and what we try and do is we try to organize people over the Internet who care about progressive politics 00:36:58.318 --> 00:37:00.568 and moving the country toward a more progressive direction 00:37:00.570 --> 00:37:03.787 to kind of come together, join our e-mail list, join our campaigns 00:37:03.787 --> 00:37:06.297 and help us to get progressive candidates elected all across the country. 00:37:06.326 --> 00:37:12.656 The group is responsible for igniting the grassroots effort behind the campaign to elect Elizabeth Warren to the Senate. 00:37:12.806 --> 00:37:17.896 He might have thought it was a dumb system but he came in and he said, "I need to learn this system, 00:37:17.900 --> 00:37:21.480 because it can be manipulated like any social system." 00:37:21.540 --> 00:37:25.850 But his passion for knowledge and libraries didn't take a back seat. 00:37:25.855 --> 00:37:31.170 Aaron began to take a closer look at institutions that publish academic journal articles. 00:37:31.520 --> 00:37:35.630 By virtue of being students at a major U.S. university, I assume you have access 00:37:35.630 --> 00:37:38.760 to a wide variety of scholarly journals. 00:37:38.760 --> 00:37:43.851 Pretty much every major university in the United States pays these sort of licensing fees to organizations like 00:37:43.851 --> 00:37:50.952 JSTOR and Thompson Isi to get access to scholarly journals that the rest of the world can't read. 00:37:51.054 --> 00:37:57.278 These scholarly journals and articles are essentially the entire wealth of human knowledge online, 00:37:57.278 --> 00:38:02.278 and many have been paid for with taxpayer money or with government grants, 00:38:02.413 --> 00:38:08.639 but to read them, you often have to pay again handing over steep fees to publishers like Reed-Elsevier. 00:38:08.801 --> 00:38:14.732 These licenses fees are so substantial that people who are studying in India, instead of studying in United States, 00:38:15.128 --> 00:38:18.937 don't have this kind of access. They are locked out from all of these journals. 00:38:19.253 --> 00:38:23.247 They are locked out from our entire scientific legacy. 00:38:23.247 --> 00:38:27.361 I mean, a lot of these journal articles, they go back to The Enlightenment. 00:38:27.361 --> 00:38:32.467 Every time someone has written down a scientific paper, it's been scanned, digitized, and put in these collections. 00:38:32.467 --> 00:38:39.766 That is a legacy that has been brought to us by the history of people doing interesting work, the history of scientists. 00:38:39.766 --> 00:38:43.167 It's a legacy that should belong to us as a commons, as a people, 00:38:43.167 --> 00:38:48.127 but instead, it has been locked up and put online by an handful of for-profit corporations 00:38:48.127 --> 00:38:53.044 who then try to get the maximum profit they can out of it. 00:38:53.464 --> 00:38:58.769 So a researcher paid by the university or the people publishes a paper, 00:38:58.769 --> 00:39:02.312 and at the very, very last step of that process, after all the work is done, 00:39:02.312 --> 00:39:07.031 after all the original research is done--the thinking, the lab work, the analysis, after everything is done, 00:39:07.031 --> 00:39:13.359 at that last stage, then the researcher has to hand over his or her copyright to this multi-billion dollar company. 00:39:14.488 --> 00:39:18.238 And it's sick. It's an entire economy built on volunteer labor, 00:39:18.238 --> 00:39:21.080 and then the publishers sit at the very top and scrape off the cream. 00:39:21.930 --> 00:39:28.968 Talk about a scam. One publisher in Britain made a profit of three billion dollars last year. 00:39:28.968 --> 00:39:30.484 I mean, what a racket! 00:39:30.494 --> 00:39:34.321 JSTOR is just a very, very small player in that story 00:39:34.321 --> 00:39:41.068 but for some reason, JSTOR is the player that Aaron decided to confront. 00:39:41.068 --> 00:39:45.009 He'd gone to some conference around Open Access and Open Publishing, 00:39:45.009 --> 00:39:47.070 and I don't know who the person from JSTOR was, 00:39:47.070 --> 00:39:50.368 but I think they--at some point, Aaron asked the question, 00:39:50.368 --> 00:39:54.606 "How much would it cost to open up JSTOR in perpetuity?" 00:39:54.606 --> 00:39:58.225 And they gave some--I think it was two hundred million dollars, 00:39:58.225 --> 00:40:00.422 something that Aaron thought was totally ridiculous. 00:40:01.166 --> 00:40:07.452 Working on a fellowship at Harvard, he knew users on MIT's famously open and fast network next door 00:40:07.452 --> 00:40:12.238 had authorized access to the riches of JSTOR. Swartz saw an opportunity. 00:40:12.238 --> 00:40:14.434 You have a key to those gates, 00:40:14.434 --> 00:40:19.694 and with a little bit of shell script magic, you can get those journal articles. 00:40:21.302 --> 00:40:23.492 On September 24, 2010, 00:40:23.492 --> 00:40:27.301 Swartz registered a newly purchased Acer laptop 00:40:27.301 --> 00:40:31.479 on the MIT network, under the name "Garry Host". 00:40:31.479 --> 00:40:36.169 The client name was registered as "GHost laptop". 00:40:36.169 --> 00:40:38.990 He doesn't hack JSTOR in the traditional sense of hacking. 00:40:38.990 --> 00:40:40.943 The JSTOR database was organized, 00:40:40.943 --> 00:40:44.500 so it was completely trivial to figure out how you could download all the articles in JSTOR, 00:40:44.500 --> 00:40:46.567 because it was basically numbered. 00:40:46.567 --> 00:40:52.351 It was basically slash slash slash...number article 444024 and -25 and -26. 00:40:52.351 --> 00:40:55.784 He wrote a Python script called keepgrabbing.pi, 00:40:55.784 --> 00:40:58.607 which was like, keeping grabbing one article after another. 00:40:58.607 --> 00:41:02.210 The next day, GHost laptop begins grabbing articles, 00:41:02.210 --> 00:41:08.765 but soon, the computer's IP address is blocked. For Swartz, it'a barely a bump in the road. 00:41:08.765 --> 00:41:13.628 He quickly reassigns his computer's IP address and keeps downloading. 00:41:13.628 --> 00:41:18.172 Well, JSTOR and MIT take a number of steps to try to interfere with this, 00:41:18.172 --> 00:41:19.766 when they notice that this is happening, 00:41:19.766 --> 00:41:22.184 and when the more modest steps don't work, 00:41:22.184 --> 00:41:27.171 then at a certain stage, JSTOR just cuts off MIT from having access to the JSTOR database. 00:41:27.171 --> 00:41:29.713 So there's a kind of cat-and-mouse game around 00:41:29.713 --> 00:41:33.876 getting access to the JSTOR database. 00:41:33.876 --> 00:41:39.920 Aaron, ultimately, obviously is the cat because he has more technical capability 00:41:39.920 --> 00:41:42.921 than the JSTOR database people do in defending them. 00:41:42.921 --> 00:41:47.228 Eventually, there was an unlocked supply closet in the basement of one of the buildings, 00:41:47.228 --> 00:41:51.495 and he went, instead of going through WiFi, he went down there and he just plugged his computer directly into the network 00:41:51.495 --> 00:41:56.541 and just left it there with an external hard drive downloading these articles to the computer. 00:41:56.541 --> 00:42:01.812 Unknown to Swartz, his laptop and hard drive had been found by authorities. 00:42:02.882 --> 00:42:05.736 They didn't stop the downloads. 00:42:05.736 --> 00:42:09.001 Instead, they installed a surveillance camera. 00:42:10.584 --> 00:42:14.540 They found the computer in this room in the basement of an MIT building. 00:42:15.382 --> 00:42:19.759 They could have unplugged it. They could have waited for the guy to come back and said, 00:42:19.759 --> 00:42:23.764 "Dude, what are you doing, you know, cut it out. Who are you?" 00:42:23.764 --> 00:42:25.887 They could have done all that kind of stuff, but they didn't. 00:42:25.887 --> 00:42:30.182 What they wanted to do was film it to gather evidence to make a case. 00:42:30.182 --> 00:42:36.477 That's the only reason you film something like that. 00:42:37.667 --> 00:42:42.082 At first, the only person caught on the glitchy surveillance camera 00:42:42.082 --> 00:42:46.475 was using the closet as a place to store bottles and cans. 00:42:53.202 --> 00:42:57.033 But days later, it caught Swartz. 00:43:06.185 --> 00:43:10.658 Swartz is replacing the hard drive. He takes it out of his backpack, 00:43:11.240 --> 00:43:14.517 leans out of frame for about five minutes, 00:43:15.014 --> 00:43:21.863 and then leaves. 00:43:37.238 --> 00:43:41.775 And then they organized like a stakeout where, as he was biking home from MIT, 00:43:41.899 --> 00:43:44.554 these cops came out from either side of the road, 00:43:44.614 --> 00:43:48.436 or something like that, and started going after him. 00:43:49.199 --> 00:43:54.436 He describes that he was pressed down, and assaulted by the police. 00:43:55.207 --> 00:43:58.382 He tells me that they--it's unclear that they were police that were after him. 00:43:58.382 --> 00:44:02.797 He thought that someone was trying to attack him. 00:44:02.797 --> 00:44:05.914 He does tell me they beat him up. 00:44:08.395 --> 00:44:15.406 It was just devastating. The notion of any kind of criminal prosecution of anyone in our family or anything 00:44:15.406 --> 00:44:18.358 was so foreign and incomprehensible, I didn't know what to do. 00:44:18.409 --> 00:44:24.232 Well, they execute search warrants at Aaron's house, his apartment in Cambridge, in his office at Harvard. 00:44:27.972 --> 00:44:33.587 Two days before the arrest, the investigation had gone beyond JSTOR and the local Cambridge police. 00:44:33.964 --> 00:44:37.661 It had been taken over by the United States Secret Service. 00:44:38.061 --> 00:44:42.531 The Secret Service began investigating computer and credit card fraud in 1984, 00:44:42.807 --> 00:44:47.290 but six weeks after the attack on 9/11, their role expanded. 00:44:47.290 --> 00:44:49.363 [applause] 00:44:49.532 --> 00:44:56.061 President Bush used The Patriot Act to establish a network of what they called "Electronic Crimes Task Forces". 00:44:56.791 --> 00:45:01.328 The bill before me takes account of the new realities and dangers posed by modern terrorists. 00:45:01.643 --> 00:45:06.580 According to the Secret Service, they are primarily engaged in activity with economic impact, 00:45:06.841 --> 00:45:11.169 organized criminal groups, or use of schemes involving new technology. 00:45:11.384 --> 00:45:15.866 The Secret Service turned Swartz's case over to the Boston U.S. Attorney's office. 00:45:16.246 --> 00:45:18.722 There was a guy in the U.S. attorney's office who had the title: 00:45:19.054 --> 00:45:21.895 "Head of the Computer Crimes Division or Task Force" 00:45:22.179 --> 00:45:24.317 I don't know what else he had going, 00:45:24.455 --> 00:45:29.477 but you're certainly not much of a "Computer Crimes Prosecutor" without a computer crime to prosecute, 00:45:29.994 --> 00:45:35.095 so he jumped on it, kept if for himself, didn't assign it to someone else within the office or the unit 00:45:35.564 --> 00:45:37.638 and that's Steve Heymann. 00:45:37.806 --> 00:45:41.896 Prosecutor Stephen Heymann has been largely out of public view since the arrest of Aaron Swartz, 00:45:41.896 --> 00:45:46.793 but he can be seen here, in an episode of the television show "American Greed", 00:45:46.793 --> 00:45:49.550 filmed around the time of Aaron's arrest. 00:45:49.550 --> 00:45:53.378 He is describing his previous case against the notorious hacker Alberto Gonzales, 00:45:53.652 --> 00:45:56.899 a case that garnered Heymann enormous press attention and accolades. 00:45:57.273 --> 00:46:02.017 Gonzales masterminded the theft of over a hundred million credit card and ATM numbers, 00:46:02.209 --> 00:46:04.537 the largest such fraud in history. 00:46:04.852 --> 00:46:09.983 Here, Heymann, describing Gonzales, gives his view on the hacker mindset: 00:46:10.263 --> 00:46:16.178 These guys are driven by a lot of the same things that we're driven by. 00:46:16.515 --> 00:46:24.774 They have an ego, they like challenge, and of course they like money and everything you can get for money. 00:46:25.134 --> 00:46:29.891 One of the suspects implicated in the Gonzales case was a young hacker named Jonathan James. 00:46:30.254 --> 00:46:33.127 Believing Gonzales' crimes would be pinned on him, 00:46:33.420 --> 00:46:36.929 James committed suicide during the investigation. 00:46:37.139 --> 00:46:40.865 In an early press release describing the government's position in the case of Aaron Swartz, 00:46:41.115 --> 00:46:45.974 Heymann's boss, U.S. Attorney for the District of Massachusets, Carmen Ortiz, said this: 00:46:46.261 --> 00:46:50.093 00:46:50.478 --> 00:46:53.751 00:46:53.811 --> 00:46:56.803 It is not true. It's obviously not true. 00:46:56.803 --> 00:46:59.057 I'm not saying it's harmless, 00:46:59.057 --> 00:47:05.502 and I'm not saying that we shouldn't criminalize stealing of information, 00:47:06.218 --> 00:47:09.063 but you got to be much more subtle 00:47:09.063 --> 00:47:14.261 in trying to figure out exactly which kinds of harms are harmful here. 00:47:14.897 --> 00:47:18.957 So the thing about a crowbar is, every time I break into a place with a crowbar, 00:47:18.957 --> 00:47:21.768 I do damage. There is no doubt about it. 00:47:21.768 --> 00:47:24.005 But when Aaron writes a script that says 00:47:24.206 --> 00:47:28.329 download download download, a hundred times in a second, 00:47:28.329 --> 00:47:31.047 there's no obvious damage to anybody. 00:47:31.047 --> 00:47:36.148 If he does that for the purpose of gathering an archive to do academic research on it, 00:47:36.211 --> 00:47:38.621 there is never any damage to anybody. 00:47:38.659 --> 00:47:42.925 He wasn't stealing. He wasn't selling what he got or giving it away. 00:47:42.925 --> 00:47:45.671 He was making a point, for as far as I could tell. 00:47:45.671 --> 00:47:48.149 The arrest took its toll on Swartz. 00:47:48.230 --> 00:47:49.712 He just wouldn't talk about it. 00:47:49.819 --> 00:47:51.466 I mean, he was very stressed. 00:47:51.706 --> 00:47:56.424 If you would thought that the FBI was going to come to your doorstep any day, 00:47:56.424 --> 00:47:59.604 anytime you went down the hall, even to do your laundry, 00:47:59.604 --> 00:48:03.170 and they'd break in into your apartment 'cause you left the door unlocked, 00:48:03.170 --> 00:48:06.545 like...I'd be pretty stressed, 00:48:06.545 --> 00:48:12.727 and it was clear, and so Aaron was always sort of like in a dour mood. 00:48:18.800 --> 00:48:24.093 He wouldn't give off any sensitive information about his whereabouts during this time, 00:48:24.111 --> 00:48:28.345 because he was so afraid that the FBI would be waiting for him. 00:48:31.445 --> 00:48:35.452 It was a time of unprecedented social and political activism. 00:48:35.702 --> 00:48:41.811 Time Magazine would later name, as their 2011 Person of the Year, "The Protester". 00:48:42.348 --> 00:48:46.925 There was a kind of hotbed of hacker activity going on. 00:48:49.056 --> 00:48:53.442 WikiLeaks had released a trove of diplomatic cables, 00:48:53.907 --> 00:48:56.491 Manning had been under arrest at the time, 00:48:56.526 --> 00:48:59.933 it was unknown whether he was the source of the leak. 00:49:00.586 --> 00:49:04.801 Anonymous, which is a kind of protest ensemble that 00:49:04.801 --> 00:49:07.129 has a lot of hackers in its ranks, 00:49:07.834 --> 00:49:11.357 were going on various sprees of sorts. 00:49:11.745 --> 00:49:14.107 If you compare that to what he did, 00:49:14.107 --> 00:49:17.902 this stuff should have been left behind for MIT and JSTOR to deal with, 00:49:18.596 --> 00:49:22.048 in a kind of private, professional matter. 00:49:22.395 --> 00:49:27.657 It should have never gotten the attention of the criminal system. 00:49:28.425 --> 00:49:31.870 It just didn't belong there. 00:49:32.190 --> 00:49:36.055 00:49:36.645 --> 00:49:39.720 Before he was indicted, Swartz was offered a plea deal 00:49:40.151 --> 00:49:43.230 that involved three months in prison, time in an halfway house, 00:49:43.230 --> 00:49:45.535 and a year of home detention, 00:49:45.599 --> 00:49:48.006 all without the use of a computer. 00:49:48.170 --> 00:49:52.460 It was on the condition that Swartz plead guilty to a felony. 00:49:52.806 --> 00:49:56.789 Here we are: we have no discovery, no evidence whatsoever 00:49:57.075 --> 00:49:58.793 about what the government's case is, 00:49:58.974 --> 00:50:01.821 and we have to make this immense decision 00:50:01.976 --> 00:50:05.464 where the lawyer is pushing you to do this, 00:50:05.746 --> 00:50:09.732 the government is giving you a non-negotiable demand, 00:50:10.041 --> 00:50:13.360 and you're told that your likelihood of prevailing is small, 00:50:13.617 --> 00:50:18.563 so whether you're guilty or not, you're better off taking the deal. 00:50:18.908 --> 00:50:20.940 Boston has its own Computer Crimes Division, 00:50:21.315 --> 00:50:25.208 lots of lawyers, probably more lawyers than they need. 00:50:25.999 --> 00:50:30.664 So, you know, you can imagine all sorts of cases that will be really hard to prosecute, 00:50:30.737 --> 00:50:32.897 because you've got some criminals in Russia, 00:50:33.261 --> 00:50:35.997 or you've got some people inside of a corporation 00:50:36.254 --> 00:50:40.028 that are gonna five hundred dollar lawyers or seven hundred dollar-an-hour lawyers 00:50:40.028 --> 00:50:43.856 sitting down against you, and then you've got this case with this kid, 00:50:44.156 --> 00:50:48.022 which is pretty easy to prove that he did something, 00:50:48.049 --> 00:50:52.731 and he's already marked himself as a troublemaker with the FBI, 00:50:52.837 --> 00:50:56.551 so why not go as tough as you can against that guy? 00:50:56.551 --> 00:50:59.714 It's good for you the prosecutor. It's good for the Republic, 00:50:59.714 --> 00:51:02.242 'cause you're fighting all those terrorist types. 00:51:02.631 --> 00:51:03.996 I was so scared. 00:51:03.996 --> 00:51:06.053 I was so scared of having my computer seized. 00:51:06.053 --> 00:51:10.228 I was so scared of going to jail because of my computer being seized. 00:51:10.338 --> 00:51:15.293 I had confidential material from sources from my previous work on my laptop, 00:51:15.470 --> 00:51:20.517 and that is, above all, my priority--is to keep my sources safe. 00:51:20.677 --> 00:51:25.220 I was so scared of what was going to happen to Ada. 00:51:25.400 --> 00:51:27.764 Aaron told me that they'd offered him a deal, 00:51:28.136 --> 00:51:32.853 and he finally just said that he would take it if I told him to, 00:51:33.180 --> 00:51:37.456 and I say--I came real close to saying, "Take it." 00:51:37.673 --> 00:51:42.595 He had these--he had developed, like, serious political aspirations 00:51:42.731 --> 00:51:45.622 in the intervening time, between when, you know, 00:51:45.651 --> 00:51:51.218 that moment when he ended that entrepreneurial start-up life, 00:51:51.406 --> 00:51:56.448 and begun this new life that had come to this political activism, 00:51:57.077 --> 00:52:03.834 and he just didn't believe that he could continue in his life with a felony. 00:52:04.180 --> 00:52:07.386 You know, he said to me one day, we were walking by the White House, 00:52:07.386 --> 00:52:12.379 and he said to me, "They don't let felons work there." 00:52:17.801 --> 00:52:22.031 And you know he really--he really wanted that to be his life. 00:52:22.387 --> 00:52:25.440 He hadn't killed anybody. He hadn't hurt anybody. 00:52:25.784 --> 00:52:28.298 He hadn't, like, stolen money. 00:52:28.489 --> 00:52:32.573 He hadn't done anything that seemed felony-worthy, and... 00:52:34.793 --> 00:52:39.327 there is this idea that there is no reason that he should be labelled a felon, 00:52:39.357 --> 00:52:42.892 and taken away his right to vote in many states 00:52:43.363 --> 00:52:45.807 for doing what he did. That's just outrageous. 00:52:45.807 --> 00:52:50.100 It makes sense for him to be maybe fined a bunch of money, 00:52:50.100 --> 00:52:54.467 or asked not to come back to MIT again. 00:52:54.467 --> 00:52:59.454 But to be a felon? To face jail time? 00:53:01.516 --> 00:53:04.063 Swartz turned down the plea deal. 00:53:04.342 --> 00:53:07.188 Heymann redoubled his efforts. 00:53:07.523 --> 00:53:12.457 Heymann continued to press us at all levels. 00:53:13.040 --> 00:53:15.667 Even with the physical evidence seized from Aaron's 00:53:15.988 --> 00:53:18.389 Acer computer harddrive and USB drive, 00:53:18.760 --> 00:53:21.503 the prosecutors needed evidence of his motives. 00:53:21.913 --> 00:53:24.847 Why was Aaron Swartz downloading articles from JSTOR, 00:53:25.199 --> 00:53:28.380 and just what did he plan to do with them? 00:53:29.284 --> 00:53:32.167 The government claim was that he was planning to publish these. 00:53:32.709 --> 00:53:36.073 We don't really know whether that was his real intention 00:53:36.310 --> 00:53:43.068 because Aaron also had a history of doing projects where he'd analyze giant data sets of articles 00:53:43.314 --> 00:53:45.443 in order to learn interesting things about them. 00:53:45.746 --> 00:53:48.101 The best evidence for that was that when he was at Stanford, 00:53:48.353 --> 00:53:53.037 he also downloaded the whole Westlaw legal database. 00:53:53.407 --> 00:53:55.948 In a project with Stanford law students, 00:53:56.115 --> 00:53:58.445 Swartz had downloaded the Westlaw legal database. 00:53:58.676 --> 00:54:02.822 He uncovered troubling connections between funders of legal research 00:54:02.822 --> 00:54:04.534 and favorable results. 00:54:04.764 --> 00:54:08.097 He did this amazing analysis of for-profit companies 00:54:08.097 --> 00:54:11.698 giving money to law professors who wrote law review articles 00:54:11.698 --> 00:54:15.517 which were then beneficial to, like, Exxon during an oil spill. 00:54:15.637 --> 00:54:19.391 So it was a very corrupt system of funding, you know, vanity research. 00:54:19.441 --> 00:54:22.694 Swartz had never released the Westlaw documents. 00:54:23.046 --> 00:54:25.599 In theory, he could have been doing the same thing about the JSTOR database. 00:54:25.955 --> 00:54:27.679 That would have been completely okay. 00:54:27.916 --> 00:54:33.521 If he were, on the other hand, intending to create a competitive service to JSTOR, 00:54:33.600 --> 00:54:35.887 like, we're going to set up our own, you know, 00:54:36.075 --> 00:54:39.340 access to the Harvard Law Review and charge, you know, money for it, 00:54:39.340 --> 00:54:42.632 then, okay, now it seems like criminal violation 00:54:42.632 --> 00:54:45.044 because you are commercially trying to exploit this material, 00:54:45.044 --> 00:54:48.336 but it's kind of crazy to imagine that that was what he was doing. 00:54:48.830 --> 00:54:54.196 So, but then there's the middle case: well, what if he was just trying to liberate it for all of the developing world? 00:54:54.356 --> 00:54:57.195 But depending on what he was doing, it creates a very different character 00:54:57.195 --> 00:55:00.728 to how the law should be thinking about it. The government was prosecuting him 00:55:00.728 --> 00:55:03.666 as if this was like a commercial criminal violation, 00:55:03.910 --> 00:55:06.853 like stealing a whole bunch of credit card records, that it was that kind of crime. 00:55:07.001 --> 00:55:10.383 I don't know what he was going to do with that database, 00:55:10.602 --> 00:55:13.845 but I heard from a friend of his that Aaron had told him 00:55:14.014 --> 00:55:18.615 that he was going to analyze the data for evidence of corporate funding of climate change research 00:55:18.736 --> 00:55:24.212 that led to biased results, and I totally believe that. 00:55:25.322 --> 00:55:28.638 I was just told that Steve wanted to talk to me, 00:55:29.052 --> 00:55:32.968 and I thought maybe this was a way I could get out of this, 00:55:33.442 --> 00:55:35.138 just exit the situation, 00:55:35.508 --> 00:55:38.197 and I didn't want to live in fear of having my computer seized. 00:55:38.579 --> 00:55:42.889 I didn't want to live in fear of having to go to jail on a contempt of court charge 00:55:42.889 --> 00:55:46.661 if they tried to compel me to decrypt my computer. 00:55:47.146 --> 00:55:50.546 When they came to me and said, "Steve wants to talk to you," 00:55:50.725 --> 00:55:52.856 that seemed reasonable. 00:55:53.209 --> 00:55:57.649 They offered Norton what is know as a "Queen For A Day" letter or a proffer. 00:55:57.796 --> 00:56:00.822 It allowed prosecutors to ask questions about Aaron's case. 00:56:01.131 --> 00:56:03.854 Norton would be given immunity from prosecution herself, 00:56:04.137 --> 00:56:06.564 for any information she revealed during the meeting. 00:56:06.787 --> 00:56:09.700 I didn't like it. I told my lawyers repeatedly 00:56:09.923 --> 00:56:13.972 that I didn't...this seemed fishy, I didn't like this, I didn't want immunity, 00:56:14.211 --> 00:56:16.325 I didn't need immunity, I hadn't done anything, 00:56:16.566 --> 00:56:19.008 but they were really, really stringent that there was-- 00:56:19.172 --> 00:56:21.898 they did not want me meeting the prosecutor without immunity. 00:56:22.144 --> 00:56:24.822 [Interviewer] But just to be clear, this is a "Queen For A Day" deal, a proffer. 00:56:24.822 --> 00:56:26.485 Right, a proffer letter. 00:56:26.485 --> 00:56:30.350 -In which you basically handed information to them in exchange for protection from prosecution. 00:56:30.432 --> 00:56:35.713 -So, it wasn't handing information over. It was--at least that's not how I saw it-- 00:56:35.944 --> 00:56:38.298 it was just having a discussion, having an interview with them. 00:56:38.329 --> 00:56:40.979 -Well, they're asking you questions... -They're asking me questions. 00:56:41.030 --> 00:56:43.043 -and they can ask about whatever they want... -Right. 00:56:43.043 --> 00:56:45.565 - and whatever they learn... -I really... 00:56:45.737 --> 00:56:49.983 -They can't have you prosecuted. -Right, and I repeatedly tried to go in naked. 00:56:50.384 --> 00:56:53.448 I repeatedly--I repeatedly tried to turn down the proffer letter. 00:56:53.837 --> 00:56:56.640 I was ill. I was being pressured by my lawyers. 00:56:56.864 --> 00:56:59.723 I was confused. I was not doing well by this point. 00:57:02.582 --> 00:57:05.442 I was depressed, and I was scared, and I didn't understand the situation I was in. 00:57:05.855 --> 00:57:08.960 I had no idea why I was in this situation. 00:57:09.329 --> 00:57:13.192 I hadn't done anything interesting, much less wrong. 00:57:13.496 --> 00:57:15.365 We went out of our minds. 00:57:15.719 --> 00:57:19.280 Aaron was clearly very distraught about it. We were very distraught about it. 00:57:19.361 --> 00:57:21.203 Aaron's attorneys were very distraught about it. 00:57:21.414 --> 00:57:23.584 We tried to get Quinn to change attorneys. 00:57:23.997 --> 00:57:28.304 I was very unused to being in a room with large men, well-armed, 00:57:28.304 --> 00:57:33.214 that are continually telling me I'm lying, and that I must have done something. 00:57:33.566 --> 00:57:36.871 I told them that this thing that they were prosecuting 00:57:37.177 --> 00:57:39.730 wasn't a crime. 00:57:40.763 --> 00:57:43.499 I told them that they were on the wrong side of history. 00:57:43.714 --> 00:57:47.262 I used that phrase. I said, "You're on the wrong side of history." 00:57:47.352 --> 00:57:52.297 And they looked bored. They didn't even look angry. They just looked bored, 00:57:52.460 --> 00:57:57.610 and it began to occur to me that we weren't having the same conversation. 00:57:57.610 --> 00:58:02.140 I mean, I told them plenty of things about, you know, why people would download journal articles, 00:58:02.140 --> 00:58:05.973 and eventually--I don't remember what was around it-- 00:58:05.973 --> 00:58:12.258 I mentioned that he'd done this blog post, the "Guerilla Open Access Manifesto". 00:58:12.749 --> 00:58:16.130 This is the "Guerrilla Open Access Manifesto", 00:58:16.496 --> 00:58:20.032 supposedly written in July, 2008 in Italy. 00:58:20.673 --> 00:58:24.827 "Information is power. But like all power, there are those who want to keep it for themselves." 00:58:25.276 --> 00:58:30.149 "The world's entire scientific and cultural heritage, published over centuries in books and journals, 00:58:30.149 --> 00:58:33.634 is increasingly being digitized and locked up by a handful of private corporations." 00:58:34.407 --> 00:58:38.320 "Meanwhile, those who have been locked out are not standing idly by." 00:58:38.408 --> 00:58:41.087 "You have been sneaking through holes and climbing over fences, 00:58:41.087 --> 00:58:44.633 liberating the information locked up by the publishers and sharing them with your friends." 00:58:44.814 --> 00:58:47.812 "But all of this action goes on in the dark, hidden underground." 00:58:48.088 --> 00:58:51.253 "It's called stealing or piracy, as if sharing a wealth of knowledge were 00:58:51.253 --> 00:58:54.661 "the moral equivalent of plundering a ship and murdering its crew." 00:58:54.931 --> 00:58:57.449 "But sharing isn't immoral — it's a moral imperative." 00:58:57.666 --> 00:59:01.248 "Only those blinded by greed would refuse to let a friend make a copy." 00:59:01.719 --> 00:59:04.356 "There's no justice in following unjust laws." 00:59:04.717 --> 00:59:08.413 "It's time to come into the light and, in a grand tradition of civil disobedience, 00:59:08.639 --> 00:59:11.710 declare our opposition to this private theft of public culture." 00:59:12.645 --> 00:59:18.572 The Manifesto itself was allegedly written by four different people, and also edited by Norton. 00:59:18.572 --> 00:59:21.603 But it was Swartz who had signed his name to it. 00:59:21.964 --> 00:59:28.395 When it's over, I go immediately to Aaron and tell him everything I can remember about it, 00:59:29.104 --> 00:59:32.411 and he gets very angry. 00:59:34.502 --> 00:59:37.669 The things that I'd done shouldn't have added up that way. 00:59:40.078 --> 00:59:45.366 I hadn't done anything wrong, and everything had gone wrong, 00:59:47.257 --> 00:59:49.639 but I was never... 00:59:57.302 --> 01:00:00.162 I'm still angry. 01:00:00.789 --> 01:00:06.610 I'm still angry that you could try your best with these people to do the right thing, 01:00:06.610 --> 01:00:09.325 and they'd turn everything against you. 01:00:09.325 --> 01:00:13.591 And they will hurt you with anything they can. 01:00:15.210 --> 01:00:19.297 And in that moment, I regret that I said what I did. 01:00:19.991 --> 01:00:23.495 But my much larger regret is that we have settled for this. 01:00:23.641 --> 01:00:25.947 That we are okay with this. 01:00:26.175 --> 01:00:28.012 That we are okay with the justice system, 01:00:28.012 --> 01:00:32.080 a system that tries to game people into little traps so they can ruin our lives. 01:00:33.080 --> 01:00:35.178 So yeah, I wish I hadn't said that. 01:00:35.585 --> 01:00:40.812 But I'm much, much angrier that this is where I am. 01:00:42.891 --> 01:00:47.505 That this is what we, as a people, think is okay. 01:00:48.358 --> 01:00:52.187 They used every method that I think they could think of 01:00:52.542 --> 01:00:56.973 to get her to provide information which would be unhelpful to Aaron, 01:00:57.257 --> 01:01:00.169 and helpful to the prosecution of Aaron, 01:01:00.584 --> 01:01:07.240 but I don't think she had information that was helpful to the government. 01:01:08.259 --> 01:01:12.051 Months go by, as Swartz's friends and family await a looming indictment. 01:01:12.572 --> 01:01:17.142 In the meantime, Swartz was becoming a go-to expert on a series of internet issues. 01:01:17.142 --> 01:01:19.826 [RT interviewer} ...a question to you then: Do you think that the internet is something 01:01:19.826 --> 01:01:25.166 that should be considered a human right, and something that the government cannot take away from you? 01:01:25.436 --> 01:01:30.454 Yes, definitely, I mean this notion that national security is an excuse to shut down the internet, 01:01:30.576 --> 01:01:34.017 that's exactly what we heard in Egypt and Syria and all these other countries, 01:01:34.017 --> 01:01:38.679 and so, yeah, it's true, sites like WikiLeaks are going to be putting up some embarassing material 01:01:38.728 --> 01:01:42.553 about what the U.S. government does, and people are going to be organizing to protest about it, 01:01:42.553 --> 01:01:45.661 and try and change their government. You know, and that's a good thing, 01:01:45.661 --> 01:01:50.290 that's what all these First Amendment Rights of free expression, of freedom of association are all about, 01:01:50.308 --> 01:01:55.134 and so the notion that we should try and shut those down I think, just goes against very basic American principles. 01:01:55.238 --> 01:01:58.133 A principle, I think, is one that our Founding Fathers would have understood. 01:01:58.200 --> 01:02:00.128 If the internet had been around back then, 01:02:00.128 --> 01:02:03.265 instead of putting "post offices" in the Constitution, they would have put "ISPs". 01:02:03.350 --> 01:02:05.901 [RT interviewer] Well, it's definitely interesting to see how far... 01:02:05.965 --> 01:02:10.566 Swartz meets activist Taren Stinebrickner-Kauffman, and the two begin to date. 01:02:10.676 --> 01:02:12.599 [Aaron] We need a massive global public outcry. 01:02:12.648 --> 01:02:15.165 [Taren] If there's no massive global public outcry, it won't create any change. 01:02:15.290 --> 01:02:18.541 -You know, four people in this city should cause a massive global public outcry. 01:02:18.701 --> 01:02:21.952 -You know, we need a petition signer. 01:02:22.350 --> 01:02:25.809 Without telling her specifics, he warned her he was involved in something 01:02:25.809 --> 01:02:27.608 he called simply "The Bad Thing". 01:02:27.903 --> 01:02:33.039 And I had sort of crazy theories, like, that he was having an affair with Elizabeth Warren or something. 01:02:33.089 --> 01:02:37.890 I speculated both Hillary Clinton and Elizabeth Warren, actually, but... 01:02:38.284 --> 01:02:41.410 So, sometime in probably late July, Aaron called me, 01:02:41.814 --> 01:02:47.433 and I happened to pick up, and he said, "The Bad Thing" might be in the news tomorrow. 01:02:47.433 --> 01:02:49.831 Do you want me to tell you, or do you want to read about it in the news?" 01:02:49.831 --> 01:02:52.453 And I said, "Well, I want you to tell me." 01:02:53.433 --> 01:02:58.472 Aaron said, "Well, I've been--I've been arrested 01:02:58.490 --> 01:03:03.419 for downloading too many academic journal articles, and they want to make an example out of me." 01:03:04.329 --> 01:03:11.163 And I was like, "That's it? That's the big fuss? Really? It just doesn't sound like a very big deal." 01:03:11.225 --> 01:03:17.283 On July 14, 2011, federal prosecutors indict Swartz on four felony counts. 01:03:17.482 --> 01:03:24.174 He gets indicted on the same day that two people in England who are part of LulzSec get arrested, 01:03:24.634 --> 01:03:30.135 and a few other real hackers. And Aaron is just someone who kind of looks like a hacker, 01:03:30.354 --> 01:03:34.917 enough that they can, you know, put his head on a stake and put it on the gates. 01:03:35.022 --> 01:03:37.882 Aaron went to surrender, and they arrested him. 01:03:38.248 --> 01:03:41.990 They then strip searched him, 01:03:42.548 --> 01:03:48.243 took away his shoelaces, took away his belt, and left him in solitary confinement. 01:03:50.475 --> 01:03:54.247 The District of Massachusetts United States Attorney's office released a statement 01:03:54.589 --> 01:03:57.832 saying, "Swartz faces up to 35 years in prison, 01:03:58.053 --> 01:04:00.940 to be followed by three years of supervised release, 01:04:01.139 --> 01:04:05.002 restitution, forfeiture and a fine of up to one million dollars." 01:04:06.786 --> 01:04:09.370 He is released on one hundred thousand dollars bail. 01:04:09.420 --> 01:04:12.330 The same day, the primary victim in the case, JSTOR, 01:04:12.738 --> 01:04:17.769 formally drops all charges against Swartz, and declines to pursue the case. 01:04:18.139 --> 01:04:21.575 JSTOR--they weren't our friends; they weren't helpful or friendly to us, 01:04:21.575 --> 01:04:25.595 but they also were just kind of like, "We're not part of this." 01:04:25.675 --> 01:04:30.490 JSTOR, and their parent company, ITHAKA, also sidestepped requests to talk with this film. 01:04:30.868 --> 01:04:33.524 But at the time, they released a statement saying, 01:04:33.718 --> 01:04:37.696 "It was the government's decision whether to prosecute, not JSTOR's." 01:04:38.497 --> 01:04:42.688 And so it's our belief that, with that, the case will be over. 01:04:43.189 --> 01:04:48.230 That we should be able to get Steve Heymann to drop the case, or settle it in some rational way. 01:04:48.654 --> 01:04:50.762 And the government refused. 01:04:51.149 --> 01:04:52.856 [Narrator] Why? 01:04:55.808 --> 01:04:58.055 Well, because I think they wanted to make an example out of Aaron, 01:04:58.369 --> 01:05:01.337 and they said they wanted--the reason why they wouldn't 01:05:01.538 --> 01:05:05.644 move on requiring a felony conviction and jail time 01:05:05.849 --> 01:05:13.255 was that they wanted to use this case as a case for deterrence. They told us that. 01:05:13.255 --> 01:05:15.199 [Interviewer] They told you that? - Yes. 01:05:15.320 --> 01:05:17.177 -This was going to be an example? -Yes. 01:05:17.263 --> 01:05:19.730 -He was going to be made an example? - Yes. 01:05:20.145 --> 01:05:21.857 Steve Heymann said that. 01:05:22.170 --> 01:05:26.477 Deterring who? There's other people out there running around logging onto JSTOR, 01:05:26.679 --> 01:05:30.167 and downloading the articles to make a political statement? I mean, who are they deterring? 01:05:30.374 --> 01:05:34.551 It would be easier to understand the Obama administration's 01:05:34.597 --> 01:05:37.520 posture of supposedly being for deterrence 01:05:37.771 --> 01:05:40.756 if this was an administration that, for instance, 01:05:40.845 --> 01:05:43.601 prosecuted arguably the biggest economic crime 01:05:43.645 --> 01:05:45.527 that this country has seen in the last hundred years. 01:05:45.527 --> 01:05:49.630 The crimes that were committed that led to the financial crisis on Wall Street. 01:05:50.101 --> 01:05:52.140 When you start deploying 01:05:52.452 --> 01:05:56.329 the non-controversial idea of deterrence 01:05:56.513 --> 01:05:58.254 only selectively 01:05:58.455 --> 01:06:01.909 you stop making a dispassionate analysis of law-breaking 01:06:02.128 --> 01:06:06.663 and you started deciding to deploy law enforcement resources 01:06:06.902 --> 01:06:10.223 specifically on the basis of political ideology, 01:06:10.410 --> 01:06:14.859 and that's not just undemocratic, it's supposed to be un-American. 01:06:19.319 --> 01:06:24.382 Prosecutor Stephen Heymann later reportedly told MIT's outside counsel 01:06:24.596 --> 01:06:27.317 that the straw that broke the camel's back 01:06:27.317 --> 01:06:31.467 was a press release sent out by an organization Swartz founded called "Demand Progress". 01:06:31.633 --> 01:06:35.853 According to the MIT account, Heymann reacted to the short statement of support, 01:06:36.050 --> 01:06:40.036 calling it a "wild internet campaign" and a "foolish move" 01:06:40.036 --> 01:06:44.326 that moved the case from a human one-on-one level to an institutional level. 01:06:44.486 --> 01:06:48.646 That was a poisonous combination: a prosecutor who didn't want to lose face, 01:06:48.772 --> 01:06:53.464 who had a political career in the offing, maybe, and didn't want to have this come back and haunt them. 01:06:53.617 --> 01:06:57.747 You spend how many tax dollars arresting someone for taking too many books out of the library, 01:06:58.019 --> 01:07:01.469 and then got your ass handed to you in court? No way! 01:07:01.615 --> 01:07:05.839 I then moved to try to put as much pressure on MIT in various ways to get them 01:07:05.980 --> 01:07:10.739 to go to the government, and request the government to stop the prosecution. 01:07:11.472 --> 01:07:14.528 [Interviewer] What was MIT's reaction to that? 01:07:14.704 --> 01:07:19.304 There doesn't seem to be any reaction from MIT at that point. 01:07:23.131 --> 01:07:25.931 MIT doesn't defend Aaron 01:07:26.273 --> 01:07:30.583 which, to people inside of the MIT community, seems outrageous, 01:07:30.737 --> 01:07:35.667 because MIT is a place that encourages hacking in the biggest sense of the word. 01:07:35.956 --> 01:07:41.126 At MIT, the idea of going and running around on roofs and tunnels that you weren't allowed to be in 01:07:41.318 --> 01:07:46.538 was not only a rite of passage, it was part of the MIT tour, 01:07:46.971 --> 01:07:51.071 and lockpicking was a winter course at MIT. 01:07:51.353 --> 01:07:55.753 They had the moral authority to stop it in its tracks. 01:07:56.233 --> 01:08:02.073 MIT never stood up and took a position of saying to the Feds, "Don't do this." 01:08:02.221 --> 01:08:06.407 "We don't want you to do this. You're overreacting. This is too strong." 01:08:06.407 --> 01:08:08.940 ...that I'm aware of. 01:08:09.104 --> 01:08:14.474 They acted kind of like any corporation would. They sort of--they helped the government, 01:08:14.706 --> 01:08:21.106 they didn't help us, unless they felt they had to, and they never tried to stop it. 01:08:22.547 --> 01:08:25.840 MIT declined repeated requests to comment, 01:08:26.090 --> 01:08:30.380 but they later released a report saying they attempted to maintain a position of neutrality, 01:08:30.577 --> 01:08:36.076 and believed Heymann and the U.S. Attorney's office did not care what MIT thought or said about the case. 01:08:36.252 --> 01:08:41.882 MIT's behaviour seemed really at odds with the MIT ethos. 01:08:42.168 --> 01:08:47.198 You could argue that MIT turned a blind eye, and that was okay for them to do, 01:08:47.389 --> 01:08:52.599 but taking that stance--taking that neutral stance, in and of itself--was taking a pro-prosecutor stance. 01:08:52.846 --> 01:08:55.831 If you look at Steve Jobs and Steve Wozniak, 01:08:55.831 --> 01:09:01.451 they started by selling a Blue Box, which was a thing designed to defraud the phone company. 01:09:01.628 --> 01:09:04.861 If you look at Bill Gates and Paul Allen, 01:09:05.150 --> 01:09:08.850 they initially started their business by using computer time at Harvard, 01:09:09.011 --> 01:09:11.441 which was pretty clearly against the rules. 01:09:11.602 --> 01:09:13.762 The difference between Aaron and the people I just mentioned 01:09:13.762 --> 01:09:17.952 is that Aaron wanted to make the world a better place, he didn't just want to make money. 01:09:18.985 --> 01:09:23.151 Swartz continues to be outspoken on a variety of internet issues. 01:09:23.624 --> 01:09:28.869 You know, the reason the internet works is because of the competitive marketplace of ideas, 01:09:29.001 --> 01:09:33.068 and what we need to be focusing on is getting more information about our government, more accessibility, 01:09:33.068 --> 01:09:38.484 more discussion, more debate, but instead it seems like what congress is focused on is shutting things down. 01:09:38.970 --> 01:09:44.320 Aaron thought he could change the world just by explaining the world very clearly to people. 01:09:44.638 --> 01:09:48.728 [RT interviewer] Flame can literally control your computer, and make it spy on you. 01:09:49.149 --> 01:09:52.519 Welcome, Aaron. Good to have you back on the show here. 01:09:52.519 --> 01:09:56.909 You know, just like spies used to in olden days, put microphones and tap what people were saying, 01:09:56.975 --> 01:09:59.735 now they're using computers to do the same things. 01:09:59.807 --> 01:10:01.896 [Narrator] Swartz's political activity continues, 01:10:01.936 --> 01:10:06.676 his attention turning to a bill moving through Congress designed to curb online piracy. 01:10:06.865 --> 01:10:08.709 It was called "SOPA". 01:10:09.054 --> 01:10:13.174 Activists like Peter Eckersley saw it as an enormous overreach, 01:10:13.264 --> 01:10:16.254 threatening the technical integrity of the Internet itself. 01:10:16.351 --> 01:10:18.791 [Ekersley] And one of the first things I did was to call Aaron. 01:10:18.829 --> 01:10:22.359 And I said, "Can we do a big online campaign against this?" 01:10:22.432 --> 01:10:24.982 "This isn't a bill about copyright." 01:10:25.136 --> 01:10:26.576 "It's not?" 01:10:26.658 --> 01:10:30.408 "No," he said, "it's a bill about the freedom to connect." 01:10:30.815 --> 01:10:32.475 Now I was listening. 01:10:32.703 --> 01:10:36.113 And he thought about it for a while, and then said, "Yes." 01:10:36.282 --> 01:10:38.752 And he went and founded Demand Progress. 01:10:38.838 --> 01:10:44.184 Demand Progress is an online activism organization, we've got around a million and a half members now, 01:10:44.184 --> 01:10:47.231 but started in the fall of 2010. 01:10:47.422 --> 01:10:50.612 Aaron was one of the most prominent people in a community of people 01:10:50.692 --> 01:10:55.780 who helped lead organizing around social justice issues at the federal level in this country. 01:10:55.930 --> 01:11:01.424 SOPA was the bill that was intended to curtail online piracy of music and movies, 01:11:01.543 --> 01:11:06.993 but what it did was basically take a sledgehammer to a problem that needed a scalpel. 01:11:07.161 --> 01:11:13.368 If passed, the law would allow a company to cut off finances to entire websites without due process, NOTE Paragraph 01:11:13.594 --> 01:11:16.834 or even to force Google to exclude their links. 01:11:16.834 --> 01:11:21.173 All they needed was a single claim of copyright infringement. 01:11:21.173 --> 01:11:27.180 It pitted the titans of traditional media against a new and now far more sophisticated remix culture. 01:11:27.270 --> 01:11:30.490 It makes everyone who runs a website into a policeman, 01:11:30.687 --> 01:11:34.167 and if they don't do their job of making sure that nobody on their site uses it for anything 01:11:34.299 --> 01:11:38.799 that's even potentially illegal, the entire site can get shut down without even so much as a trial. 01:11:38.958 --> 01:11:43.728 [Lofgren] This was over the top, I mean, this was a... a catastrophe. 01:11:43.941 --> 01:11:51.687 This bill poses a serious threat to speech and civil liberties for all who use the internet. 01:11:51.922 --> 01:11:55.614 We're only a handful of us who said, "Look... we're not for piracy, either, 01:11:55.914 --> 01:12:00.517 but it makes no sense to destroy the architecture of the internet, 01:12:00.517 --> 01:12:05.557 the domain name system and so much that makes it free and open in the name of fighting piracy, 01:12:05.922 --> 01:12:08.022 and Aaron got that right away. 01:12:08.117 --> 01:12:11.977 The freedoms, guaranteed in our Constitution, the freedoms our country had been built on 01:12:12.057 --> 01:12:14.497 would be suddenly deleted. 01:12:14.679 --> 01:12:18.779 New technology, instead of bringing us greater freedom, would have snuffed out fundamental rights 01:12:18.821 --> 01:12:21.382 we'd always taken for granted. 01:12:21.492 --> 01:12:27.260 And I realized that day, talking to Peter, that I couldn't let that happen. 01:12:28.483 --> 01:12:33.508 When SOPA was introduced in October, 2011, it was considered inevitable. 01:12:33.715 --> 01:12:37.617 Our strategy, when it first came out, was to hopefully slow the bill down, 01:12:37.617 --> 01:12:41.797 maybe weaken it a little bit, uh but, even we 01:12:41.797 --> 01:12:44.828 didn't think that we would be able to stop this bill. 01:12:46.230 --> 01:12:52.025 Having worked in Washington, what you learn is that, typically in Washington, 01:12:52.250 --> 01:12:57.822 the legislative fights are fights between different sets of corporate monied interests. 01:12:58.220 --> 01:13:02.223 They're all duking it out to pass legislation, and the fights that are the closest 01:13:02.693 --> 01:13:07.143 are when you have one set of corporate interests against another set of corporate interests, 01:13:07.363 --> 01:13:11.264 and they're financially equally matched in terms of campaign contributions and lobbying. 01:13:11.437 --> 01:13:13.269 Those are the closest ones. 01:13:13.351 --> 01:13:16.413 The ones that aren't even fights, typically, are ones 01:13:16.413 --> 01:13:20.676 where all the money is on one side, all the corporations are on one side, 01:13:20.691 --> 01:13:23.603 and it's just millions of people on the other side. 01:13:25.257 --> 01:13:30.369 Haven't seen anything like PIPA and SOPA in all my time in public service. 01:13:30.676 --> 01:13:36.587 There were more than forty United States senators on that bill as co-sponsors, 01:13:36.860 --> 01:13:40.534 so they were already a long, long way to getting the 01:13:40.534 --> 01:13:43.968 sixty votes to have it clear all the procedural hoops. 01:13:44.456 --> 01:13:47.603 Even I began to doubt myself. It was a rough period. 01:13:48.112 --> 01:13:53.381 Swartz and Demand Progress were able to marshal enormous support using traditional outreach 01:13:53.605 --> 01:13:59.267 combined with commonly used Voice over IP to make it very easy for people to call Congress. 01:14:00.011 --> 01:14:03.847 I've never met anybody else who was able to operate at his level 01:14:03.847 --> 01:14:07.985 both on the technological side and on the campaign strategy side. 01:14:08.867 --> 01:14:12.669 Millions of people contacted Congress and signed anti-SOPA petitions. 01:14:12.948 --> 01:14:14.922 Congress was caught off guard. 01:14:15.251 --> 01:14:20.233 There was just something about watching those clueless members of Congress debate the bill, 01:14:20.478 --> 01:14:22.897 watching them insist they could regulate the internet, 01:14:23.070 --> 01:14:25.248 and a bunch of nerds couldn't possibly stop them. 01:14:25.248 --> 01:14:26.390 I am not a nerd. 01:14:26.621 --> 01:14:28.084 I'm just not enough of a nerd... 01:14:28.398 --> 01:14:31.120 Maybe we oughta ask some nerds what this thing really does. [laughter] 01:14:31.120 --> 01:14:33.413 Let's have a hearing, bring in the nerds... 01:14:33.413 --> 01:14:35.890 [laughter] 01:14:35.890 --> 01:14:37.689 Really? 01:14:37.719 --> 01:14:40.101 [laughter] 01:14:40.287 --> 01:14:41.275 "Nerds"? 01:14:41.275 --> 01:14:42.315 [laughter] 01:14:42.361 --> 01:14:45.689 You know, I think, actually the word you're looking for is "experts"... 01:14:45.788 --> 01:14:47.166 [laughter] 01:14:47.275 --> 01:14:51.625 to enlighten you so your laws don't backfire [audience laughter and applause] 01:14:51.625 --> 01:14:53.568 and break the internet. 01:14:53.714 --> 01:14:57.033 We use the term "geek" but we're allowed to use that because we are geeks. 01:14:57.329 --> 01:15:01.521 The fact that it got as far as it did, without them talking to any technical experts 01:15:01.905 --> 01:15:04.839 reflects the fact that there is a problem in this town. 01:15:05.198 --> 01:15:12.138 I'm looking for somebody to come before this body, and testify in a hearing, and say, "This is why they're wrong." 01:15:12.439 --> 01:15:15.421 There used to be an office that provided science and technology advice, 01:15:15.741 --> 01:15:19.208 and members could go to them, and say, "Help me understand X,Y,Z." 01:15:19.208 --> 01:15:22.375 And Gingrich killed it. He said it was a waste of money. 01:15:22.375 --> 01:15:26.118 Ever since then, Congress has plunged into the Dark Ages. 01:15:26.529 --> 01:15:29.554 I don't think anybody really thought that SOPA could be beaten, including Aaron. 01:15:30.464 --> 01:15:34.113 Like, it was worth trying, but it didn't seem winnable 01:15:34.810 --> 01:15:38.653 and I remember, maybe a few months later, I remember him just turning to me and being, like, 01:15:38.653 --> 01:15:40.700 "I think we might win this." 01:15:40.840 --> 01:15:43.949 And I was, like, "That would be amazing." 01:15:44.439 --> 01:15:46.134 Calls to Congress continue. 01:15:46.317 --> 01:15:50.512 When the domain hosting site Go Daddy becomes a supporter of the bill, 01:15:50.747 --> 01:15:54.902 tens of thousands of users transferred their domain names in protest. 01:15:55.272 --> 01:16:00.084 Within a week, a humbled Go Daddy reverses their position on SOPA. 01:16:00.376 --> 01:16:05.962 When the congress people that supported, uh, the record and movie industries, 01:16:06.383 --> 01:16:10.707 realized that there was this backlash, they kind of scaled the bill back a little bit. 01:16:10.879 --> 01:16:16.081 You could see the curve happening, you could see that we were, that our arguments were starting to resonate. 01:16:16.357 --> 01:16:19.034 It was like Aaron had been, like, striking a match and it was being blown out, 01:16:19.034 --> 01:16:21.055 striking another one, and it was being blown out, 01:16:21.055 --> 01:16:24.645 and finally he'd, like, managed to catch enough kindling that the flame actually caught 01:16:24.692 --> 01:16:27.590 and then it turned into this roaring blaze. 01:16:27.820 --> 01:16:31.743 On January 16, 2012, the White House issued a statement 01:16:31.743 --> 01:16:34.326 saying they didn't support the bill. 01:16:34.348 --> 01:16:36.603 And then this happened: 01:16:36.662 --> 01:16:40.202 I'm a big believer that, uh, we should be dealing with issues of piracy, 01:16:40.202 --> 01:16:44.745 and we should deal with them in a serious way, uh, but this bill is not the right bill. 01:16:44.924 --> 01:16:48.965 When Jimmy Wales put his support toward blacking out Wikipedia, 01:16:49.337 --> 01:16:52.520 the number five most popular website in the world, 01:16:52.849 --> 01:16:58.789 this is a website that's seven percent of all of the clicks on anywhere on the internet. 01:16:58.880 --> 01:17:00.089 Wikipedia went black. 01:17:00.165 --> 01:17:01.141 Reddit went black. 01:17:01.233 --> 01:17:03.221 Craigslist went black. 01:17:03.340 --> 01:17:06.050 The phone lines on Capitol Hill flat out melted. 01:17:06.179 --> 01:17:10.295 Members of Congress started rushing to issue statements retracting their support for the bill 01:17:10.815 --> 01:17:13.927 that they were promoting just a couple days ago. 01:17:14.106 --> 01:17:17.698 Within 24 hours, the number of opponents of SOPA in Congress 01:17:17.853 --> 01:17:19.215 went from this 01:17:19.457 --> 01:17:22.591 to this. 01:17:22.796 --> 01:17:29.815 To see congressmen and senators slowly flip sides throughout the day of the blackout 01:17:30.051 --> 01:17:31.825 was pretty unbelievable. 01:17:32.175 --> 01:17:35.210 There was like a hundred representative swing. 01:17:35.378 --> 01:17:38.746 And that was when, as hard as it was for me to believe, after all this, 01:17:38.924 --> 01:17:40.756 we had won. 01:17:41.049 --> 01:17:43.210 The thing that everyone said was impossible, 01:17:43.459 --> 01:17:46.486 that some of the biggest companies in the world had written off as kind of a pipedream, 01:17:46.779 --> 01:17:48.697 had happened. 01:17:49.142 --> 01:17:50.467 We did it. 01:17:50.933 --> 01:17:52.689 We won. 01:17:52.909 --> 01:17:55.525 01:17:55.945 --> 01:17:58.781 This is a historic week in internet politics--maybe American politics. 01:17:59.081 --> 01:18:04.069 The thing that we heard from people in Washington, D.C., from the staffers on Capitol Hill was: 01:18:04.478 --> 01:18:08.664 they received more emails and more phone calls on SOPA Blackout Day 01:18:08.908 --> 01:18:11.080 than they'd ever received about anything. 01:18:11.317 --> 01:18:13.224 I think that was an extremely exciting moment. 01:18:13.397 --> 01:18:17.640 This was the moment when the internet had grown up, politically. 01:18:17.934 --> 01:18:21.463 It was exhilarating because it's hard to believe it actually happened. 01:18:21.658 --> 01:18:25.365 It's hard to believe a bill with so much financial power behind it 01:18:25.679 --> 01:18:29.157 didn't simply sail through the Congress. 01:18:29.541 --> 01:18:32.167 And not only did not sail through, it didn't pass at all. 01:18:32.757 --> 01:18:34.153 01:18:34.153 --> 01:18:36.669 It's easy sometimes to feel like you're powereless, 01:18:36.669 --> 01:18:40.524 like when you come out on the streets and you march and you yell and nobody hears you. 01:18:40.889 --> 01:18:43.568 But I'm here to tell you today, you are powerful. 01:18:43.568 --> 01:18:46.295 [Crowd cheers] 01:18:46.295 --> 01:18:50.936 So, yeah, maybe sometimes you feel like you're not being listened to, but I'm here to tell you that you are. 01:18:50.976 --> 01:18:53.400 You are being listened to. You are making a difference. 01:18:53.588 --> 01:18:56.992 You can stop this bill if you don't stop fighting. 01:18:57.132 --> 01:18:59.974 [Crowd cheers] 01:19:00.049 --> 01:19:01.170 Stop PIPA. 01:19:01.170 --> 01:19:02.916 Stop SOPA. 01:19:02.916 --> 01:19:04.072 [Crowd cheers] 01:19:04.182 --> 01:19:07.648 Some of the biggest internet companies, to put it frankly, would benefit 01:19:07.648 --> 01:19:11.219 from a world in which their little competitors could get censored. 01:19:12.519 --> 01:19:15.106 We can't let that happen. 01:19:15.172 --> 01:19:19.291 For him, it was more important to be sure that you made a small change 01:19:19.612 --> 01:19:23.271 than to play a small part in a big change. 01:19:23.708 --> 01:19:28.187 But SOPA was like playing a major part in a major change, 01:19:28.187 --> 01:19:30.753 and so for him, it was kind of this proof of concept 01:19:30.753 --> 01:19:35.069 like, "Okay, you know, what I want to do with my life is change the world." 01:19:35.326 --> 01:19:39.471 "I think about it in this really scientific way of, like, I'm measuring my impact, 01:19:39.725 --> 01:19:42.813 and this shows that it's possible." 01:19:43.081 --> 01:19:45.810 "Right, the thing that I want to do with my life is possible." 01:19:46.078 --> 01:19:48.763 "Um, I have proved that I can do it, 01:19:48.763 --> 01:19:50.999 that I, Aaron Swartz, can change the world." 01:19:51.090 --> 01:19:57.516 For a guy who, um, never really thought he had done much, which was Aaron, um, 01:19:59.161 --> 01:20:04.115 was one of the few moments where you could really see 01:20:04.115 --> 01:20:06.769 that he felt like he had done something good, 01:20:06.994 --> 01:20:11.836 feeling like here is his maybe one and only victory lap. 01:20:13.828 --> 01:20:16.060 Everyone said there was no way we could stop SOPA. 01:20:16.194 --> 01:20:17.903 We stopped it. 01:20:17.997 --> 01:20:22.576 This is three outrageously good victories, and the year isn't even over yet. 01:20:22.747 --> 01:20:26.257 I mean, if there's a time to be positive, it's now. 01:20:26.847 --> 01:20:29.700 You know, he wins at SOPA a year after he's arrested. 01:20:29.989 --> 01:20:33.529 It's not unambiguously happy moments. There's a lot going on. 01:20:33.813 --> 01:20:40.334 He's so attuned towards participating in the political process, you can't stop him. 01:20:40.576 --> 01:20:44.521 The list of organizations Swartz founded or co-founded is enormous, 01:20:44.831 --> 01:20:48.074 and years before Edward Snowden would expose widespread internet surveillance, 01:20:48.402 --> 01:20:50.959 Swartz was already concerned. 01:20:51.240 --> 01:20:55.200 It is shocking to think that the accountability is so lax 01:20:55.404 --> 01:20:59.777 that they don't even have sort of basic statistics about how big the spying program is. 01:20:59.857 --> 01:21:03.863 And if the answer is: "Oh, we're spying on so many people we can't possibly even count them" 01:21:04.186 --> 01:21:06.483 then that's an awful lot of people. 01:21:06.811 --> 01:21:10.063 It'd be one thing if they said, "Look-you know- we know the number of telephones we're spying on, 01:21:10.063 --> 01:21:12.953 we don't know exactly how many real people that corresponds to." 01:21:13.050 --> 01:21:15.916 but they just came back and said, "We can't give you a number at all." 01:21:16.229 --> 01:21:18.644 That's pretty-I mean-that's scary, is what it is. 01:21:18.881 --> 01:21:25.502 And they put incredible pressure on him, took away his, um, you know, all of the money he had made. 01:21:25.803 --> 01:21:29.538 They, you know, threatened to take away his physical freedom. 01:21:29.937 --> 01:21:33.788 Why'd they do it, you know? I mean, well, why are they going after whistleblowers? 01:21:34.741 --> 01:21:38.813 You know, why are they going after people who tell the--you know--who tell the truth 01:21:39.114 --> 01:21:46.122 about all sorts of things, I mean, from the banks, to war, to just sort of government transparency. 01:21:46.744 --> 01:21:49.776 So secrecy serves those who are already in power, 01:21:50.026 --> 01:21:55.097 and we are living in an era of secrecy that coincides with an era where the government is doing, also, 01:21:55.278 --> 01:21:58.410 a lot of things that are probably illegal and unconstitutional. 01:21:58.841 --> 01:22:01.941 So, those two things are not coincidences. 01:22:02.154 --> 01:22:04.378 It's very clear that this technology has been developed 01:22:04.731 --> 01:22:10.080 not for small countries overseas, but right here, for use in the United States, by the U.S. government. 01:22:10.331 --> 01:22:14.351 The problem with the spying program is it's this sort of long, slow expansion, you know, 01:22:14.604 --> 01:22:17.124 going back to the Nixon administation, right, 01:22:17.319 --> 01:22:20.082 obviously it became big after 9/11 under George W. Bush, 01:22:20.316 --> 01:22:23.536 and Obama has continued to expand it, and the problems have slowly grown worse and worse, 01:22:24.028 --> 01:22:27.553 but there's never been this moment you can point to and say, 01:22:27.701 --> 01:22:31.941 "Okay, we need to galvanize opposition today because today is when it matters..." 01:22:32.455 --> 01:22:38.959 The prosecution, in my estimation of Aaron Swartz, was about sending a particular, laser-like message 01:22:39.363 --> 01:22:45.413 to a group of people that the Obama administration sees as politically threatening, 01:22:47.341 --> 01:22:54.141 and that is, essentially, the hacker, the information, and the democracy activist community, 01:22:54.447 --> 01:22:59.702 and the message that the Obama administration wanted to send to that particular community was, 01:22:59.905 --> 01:23:05.113 in my estimation, "We know you have the ability to make trouble for the establishment, 01:23:05.335 --> 01:23:08.677 and so we are going to try to make an example out of Aaron Swartz 01:23:08.977 --> 01:23:13.418 to scare as many of you as possible into not making that trouble." 01:23:13.843 --> 01:23:17.160 And the government said, "Oh, the legal opinions we're using 01:23:17.382 --> 01:23:20.453 to legalize the spying program are also classified, 01:23:20.786 --> 01:23:23.666 so we can't even tell you which laws we're using to spy on you." 01:23:24.011 --> 01:23:26.461 You know, every time they can say, "Oh, this is another instance of cyberwar. 01:23:26.685 --> 01:23:30.201 The cybercriminals are attacking us again. We're all in danger. We're all under threat." 01:23:30.510 --> 01:23:33.737 They use those as excuses to push through more and more dangerous laws. 01:23:35.563 --> 01:23:40.388 [Interviewer] And so just to follow, like, personally, how do you feel the fight is going? 01:23:40.947 --> 01:23:42.404 It's up to you! 01:23:42.404 --> 01:23:46.264 [Interviewer] I know, it's just that, we gotta like, you know... 01:23:47.800 --> 01:23:52.738 You know, there's sort of these two polarizing perspectives, right, 01:23:52.936 --> 01:23:57.422 everything is great, the internet has created all this freedom and liberty, and everything's going to be fantastic 01:23:57.422 --> 01:23:59.093 or everything is terrible, 01:23:59.093 --> 01:24:01.914 the internet has created all these tools for cracking down and spying, 01:24:01.972 --> 01:24:03.762 and you know, controlling what we say. 01:24:03.821 --> 01:24:05.700 And the thing is, both are true, right? 01:24:05.948 --> 01:24:10.040 The internet has done both, and both are kind of amazing and astonishing 01:24:10.386 --> 01:24:13.287 and which one will win out in the long run is up to us. 01:24:13.443 --> 01:24:17.244 It doesn't make sense to say, "Oh, one is doing better than the other." You know, they're both true. 01:24:17.501 --> 01:24:21.097 And it's up to us which ones we emphasize and which ones we take advantage of 01:24:21.233 --> 01:24:23.600 because they're both there, and they're both always going to be there. 01:24:28.950 --> 01:24:35.010 On September 12, 2012, federal prosecutors filed a superseding indictment against Swartz, 01:24:35.010 --> 01:24:40.170 adding additional counts of wire fraud, unauthorized access to a computer, and computer fraud. 01:24:40.825 --> 01:24:45.557 Now, instead of four felony counts, Swartz was facing thirteen. 01:24:45.882 --> 01:24:48.835 The prosecution's leverage had dramatically increased, 01:24:49.043 --> 01:24:52.294 as did Swartz's potential jail time and fines. 01:24:52.294 --> 01:24:55.417 They filed a separate indictment to add more charges, 01:24:55.804 --> 01:25:01.526 and they had a theory about why this conduct constituted a number of federal crimes, 01:25:01.899 --> 01:25:06.010 and that a very significant sentence could attach to it under the law. 01:25:07.331 --> 01:25:10.426 That theory, and much of the prosecution's case against Swartz 01:25:10.904 --> 01:25:13.862 involved a law created originally in 1986. 01:25:14.360 --> 01:25:16.663 It is called the "Computer Fraud and Abuse Act". 01:25:16.996 --> 01:25:18.660 The Computer Fraud and Abuse Act 01:25:18.660 --> 01:25:22.261 was inspired by the movie "War Games" with Matthew Broderick--great movie. 01:25:22.478 --> 01:25:23.954 [Broderick] I have you now. 01:25:23.954 --> 01:25:27.895 In this movie, a kid gets the ability, through the magic of computer networks 01:25:28.123 --> 01:25:30.456 to, like, launch a nuclear attack. 01:25:30.551 --> 01:25:33.561 [missiles firing up] 01:25:33.761 --> 01:25:37.669 You know, that's not actually possible, and it certainly wasn't possible in the '80s 01:25:37.854 --> 01:25:41.954 but apparently this movie scared Congress enough to... 01:25:42.005 --> 01:25:44.965 pass the original Computer Fraud and Abuse Act. 01:25:45.262 --> 01:25:48.711 This is a law that's just behind the times, for example, it penalizes 01:25:49.431 --> 01:25:53.995 a terms of service kind of arrangement. You can have something like 01:25:54.103 --> 01:26:01.111 eHarmony or Match.com and somebody sort of inflates, uh, their own personal characteristics 01:26:01.409 --> 01:26:05.255 and all of a sudden, depending on the jurisdiction and the prosecutors, 01:26:05.503 --> 01:26:07.958 they could be in a whole host of troubles. 01:26:08.172 --> 01:26:10.263 We all know what "Terms of Use" are. 01:26:10.594 --> 01:26:14.214 Most people don't read them, but not abiding by their terms could mean 01:26:14.438 --> 01:26:16.461 you are committing a felony. 01:26:16.727 --> 01:26:19.024 The website Terms of Service often say things like: 01:26:19.272 --> 01:26:22.492 "Be nice to each other", or "Don't do anything that's improper." 01:26:22.789 --> 01:26:27.496 The idea that the Criminal Law has anything to say about these kinds of violations, 01:26:27.668 --> 01:26:30.721 I think strikes most people as crazy. 01:26:30.938 --> 01:26:33.483 The examples get even more "crazy": 01:26:33.864 --> 01:26:39.557 Until it was changed in March of 2013, the Terms of Use on the website of Hearst's Seventeen magazine 01:26:39.884 --> 01:26:43.258 said you had to be eighteen in order to read it. 01:26:43.327 --> 01:26:46.674 I would say that the way the CFAA has been interpreted by the Justice Department, 01:26:46.674 --> 01:26:49.223 we are probably all breaking the law. 01:26:49.589 --> 01:26:54.937 Vague and prone to misuse, the CFAA has become a one-size-fits-all hammer 01:26:55.000 --> 01:26:58.012 for a wide range of computer-related disputes. 01:26:58.121 --> 01:27:00.408 Though not the only factor in his case, 01:27:00.576 --> 01:27:04.935 eleven of the thirteen charges against Swartz involved the Computer Fraud and Abuse Act. 01:27:07.248 --> 01:27:11.465 The question "Why?" hangs over much of the story of Aaron Swartz. 01:27:11.815 --> 01:27:16.045 Just what was motivating the government, and what would their case have been? 01:27:16.185 --> 01:27:19.945 The Department of Justice declined requests for answers, 01:27:20.060 --> 01:27:23.660 but Professor Orin Kerr is a former prosecutor who has studied the case. 01:27:24.084 --> 01:27:28.109 So, I think I come about this case from a different direction than other people on a number of reasons: 01:27:28.359 --> 01:27:31.303 I was a federal prosecutor at the Justice Department for three years. 01:27:31.461 --> 01:27:34.191 Before I started teaching, the government came forward 01:27:34.191 --> 01:27:38.463 with an indictment based on what crimes they thought were committed, 01:27:38.501 --> 01:27:42.176 just as a purely lawyer's matter, looking at the precedents, looking at the statute, 01:27:42.505 --> 01:27:45.778 looking at the history, looking at the cases that are out there so far. 01:27:45.974 --> 01:27:49.281 Uh, I think it was a fair indictment based on that. 01:27:49.526 --> 01:27:51.501 You can debate whether they should have charged this case. 01:27:51.806 --> 01:27:56.825 There's just a lot of disagreement. Some people are on the Open Access side, some people are not. 01:27:57.681 --> 01:28:03.108 I think the government took Swartz's "Guerilla Open Access Manifesto" very seriously, 01:28:04.086 --> 01:28:09.706 uh, and I think they saw him as somebody who was committed as a moral imperative 01:28:10.059 --> 01:28:15.147 to breaking the law, to overcome a law that Swartz saw as unjust, 01:28:15.332 --> 01:28:20.968 and in a democracy, if you think a law is unjust, there are ways of changing that law. 01:28:21.140 --> 01:28:24.465 There's going to Congress as Swartz did so masterfully with SOPA, 01:28:24.662 --> 01:28:28.441 uh, or you can violate that law in a way to try to nullify that law 01:28:28.834 --> 01:28:33.998 and I think what was driving the prosecution was the sense that Swartz was committed, 01:28:34.205 --> 01:28:39.691 not just to breaking the law, but to really making sure that law was nullified. 01:28:40.006 --> 01:28:43.890 That everyone would have access to the database in a way that 01:28:44.054 --> 01:28:47.129 you couldn't put the toothpaste back in the tube. 01:28:47.368 --> 01:28:51.199 It would be done, and Swartz's side would win. 01:28:52.815 --> 01:28:56.181 There's a big disagreement in society as to whether that is and unjust law, 01:28:56.470 --> 01:29:00.357 and ultimately, that is a decision for the American people to make, working through Congress. 01:29:00.621 --> 01:29:03.547 Uh, and then the second problem is, I think, we're still trying to figure out: 01:29:03.752 --> 01:29:07.706 What's the line between less serious offences and more serious offences? 01:29:08.027 --> 01:29:12.317 We're now entering this different environment of computers and computer misuse, 01:29:12.556 --> 01:29:16.840 and we don't yet have a really strong sense of exactly what these lines are 01:29:17.044 --> 01:29:19.277 'cause we're just working that out. 01:29:19.650 --> 01:29:22.392 This is a poor use of prosecutorial discretion. 01:29:22.659 --> 01:29:25.891 The hammer that the Justice Department has to scare people with 01:29:25.998 --> 01:29:28.700 just gets bigger and bigger and bigger, 01:29:28.914 --> 01:29:33.111 and so, most people just, you know, you can't roll the dice with your life like that. 01:29:33.340 --> 01:29:35.958 Should we tap somebody's phone? Should we film them? 01:29:36.111 --> 01:29:39.413 Should we turn somebody and get them to testify against these other people? 01:29:39.689 --> 01:29:42.366 That's how federal agents and prosecutors think. 01:29:42.528 --> 01:29:44.974 They build cases. They make cases. 01:29:46.918 --> 01:29:51.452 Swartz was caught in the gears of a brutal criminal justice system that could not turn back, 01:29:51.746 --> 01:29:57.193 a machine that has made America the country with the highest rate of incarceration in the world. 01:29:57.571 --> 01:30:02.512 We have, in this country, allowed ourselves to be captured by the politics of fear and anger, 01:30:02.905 --> 01:30:07.986 and anything we're afraid of, like the future of internet and access, 01:30:08.453 --> 01:30:13.233 and anything we're angry about, instinctively creates a criminal justice intervention, 01:30:13.686 --> 01:30:18.924 and we've used jail, prison, and punishment to resolve a whole host of problems 01:30:19.220 --> 01:30:23.007 that, historically, were never seen as criminal justice problems. 01:30:23.223 --> 01:30:28.583 The impulse to threaten, indict, prosecute, which is part of what 01:30:28.792 --> 01:30:32.138 has created this debate and controversy over online access and information on the internet. 01:30:32.953 --> 01:30:35.706 It's very consistent with what we've seen in other areas. 01:30:35.928 --> 01:30:39.960 The one difference is that the people who are usually targeted and victimized 01:30:40.327 --> 01:30:45.901 by these kinds of criminal and carceral responses are typically poor and minority. 01:30:47.747 --> 01:30:50.860 Swartz's isolation from friends and family increased. 01:30:51.222 --> 01:30:53.503 He had basically stopped working on anything else, 01:30:53.548 --> 01:30:57.283 and the case was, in fact, taking over sort of his whole life. 01:30:57.296 --> 01:31:02.457 One of Aaron's lawyers apparently told the prosecutors that he, he was emotionally vulnerable, 01:31:03.220 --> 01:31:07.333 and that that was something they really needed to keep in mind so that they, they knew that. 01:31:07.333 --> 01:31:09.578 It was weighing on him very heavily. 01:31:09.820 --> 01:31:14.877 He did not like having his actions and his movements restricted in any way, 01:31:15.754 --> 01:31:20.902 and the threat of jail, which they pounded him with a lot, 01:31:21.919 --> 01:31:23.931 was terrifying to him. 01:31:23.931 --> 01:31:26.540 Completely exhausted his financial resouces, 01:31:26.540 --> 01:31:32.178 and it cost us a lot of money also, and he raised a substantial amount of money, 01:31:32.511 --> 01:31:36.481 so it was, you know, it was in the millions of dollars. 01:31:36.755 --> 01:31:38.551 [Interviewer] The legal defence? - Yes. 01:31:38.551 --> 01:31:40.855 [Interviewer] Was in millions? - Yes. 01:31:41.479 --> 01:31:43.995 Yeah, I think he didn't want to be a burden to people. 01:31:44.252 --> 01:31:47.786 I think that was a factor, like, "I have my normal life, 01:31:48.166 --> 01:31:50.291 and then I have this shitty thing I have to deal with, 01:31:50.452 --> 01:31:53.259 and I try to, like, keep the two of them as separate as possible, 01:31:53.489 --> 01:31:57.484 but they were just beginning to blur together and everything was becoming shitty." 01:31:59.333 --> 01:32:02.686 Swartz faced a tough choice that was only getting tougher: 01:32:02.720 --> 01:32:05.149 Do you admit guilt and move on with your life, 01:32:05.166 --> 01:32:07.458 or do you fight a broken system? 01:32:07.622 --> 01:32:09.651 With his legal case, the answer was simple: 01:32:09.651 --> 01:32:13.079 He rejects a final plea deal and a trial date is set. 01:32:13.300 --> 01:32:17.174 Aaron was, was resolute that he didn't want to knuckle under and accept something 01:32:17.381 --> 01:32:21.639 that he didn't believe was fair, but I also think he was scared. 01:32:33.045 --> 01:32:34.912 I don't think they would have convicted Aaron. 01:32:35.113 --> 01:32:38.758 I think we would have walked him out of that courthouse, and I would have given him a big hug, 01:32:38.977 --> 01:32:44.344 and we would have walked across that little river in Boston, and gone and had a couple of beers. 01:32:45.752 --> 01:32:50.094 I really thought that we were right. I thought that we were going to win the case. 01:32:50.094 --> 01:32:52.025 I thought that we could win the case. 01:32:52.025 --> 01:32:54.611 He didn't talk about it very much, but you could see 01:32:54.611 --> 01:32:57.548 the enormous pain that he was going through. 01:32:57.605 --> 01:33:01.749 [song] 01:33:01.940 --> 01:33:05.106 No time in his childhood did Aaron have any severe mood swings 01:33:05.360 --> 01:33:10.846 or like, depressive episodes, or anything that I would describe as "severe depression" 01:33:11.114 --> 01:33:13.962 and it's possible, you know, he was depressed. People get depressed. 01:33:14.155 --> 01:33:18.867 [music] 01:33:19.112 --> 01:33:23.415 Very early in our relationship, like three or four weeks in or something, 01:33:24.078 --> 01:33:26.730 I remember him saying to me 01:33:27.787 --> 01:33:30.711 that I was a lot stronger than he was. 01:33:30.947 --> 01:33:33.660 You know, he was-- he was brittle in a lot of ways. 01:33:33.830 --> 01:33:36.999 Things were a lot harder for him than for a lot of people. 01:33:37.200 --> 01:33:39.810 That was part of his brilliance, too. 01:33:41.216 --> 01:33:46.909 I think he probably had something like clinical depression in his early twenties. 01:33:47.228 --> 01:33:49.702 I don't think he did when I was with him. 01:33:49.971 --> 01:33:55.275 He wasn't a "joyful" person, but that's different from being depressed. 01:33:56.843 --> 01:34:01.616 He was just under such, such enormous pressure for two years straight. 01:34:01.842 --> 01:34:04.193 He just didn't want to do it anymore. 01:34:04.375 --> 01:34:07.729 He was just, like, I just think it was too much. 01:34:07.814 --> 01:34:14.503 [song] 01:34:14.571 --> 01:34:17.320 I got a phone call late at night. 01:34:17.814 --> 01:34:23.091 I could tell something was wrong, and then I called and I realized what had happened. 01:34:23.981 --> 01:34:29.059 A co-founder of the social news and entertainment website "reddit" has been found dead. 01:34:29.247 --> 01:34:31.730 Police say twenty-six-year-old Aaron Swartz 01:34:31.828 --> 01:34:35.585 killed himself yesterday in his Brooklyn apartment. 01:34:37.539 --> 01:34:46.506 I just thought, we've lost one of the most creative minds of our generation. 01:34:46.963 --> 01:34:51.096 I was, like, the whole world fell apart at that moment. 01:34:57.082 --> 01:35:00.299 It was one of the hardest nights of my life. 01:35:00.548 --> 01:35:04.883 I just kept screaming, "I can't hear you! What did you say? I can't hear you!" 01:35:07.693 --> 01:35:09.240 I can't. That's it. 01:35:09.240 --> 01:35:11.098 [Interviewer] Okay. 01:35:16.408 --> 01:35:22.553 Uh...like, yeah, none of it made any sense, 01:35:22.773 --> 01:35:25.180 and really it still doesn't. 01:35:25.180 --> 01:35:27.561 I was so frustrated, angry. 01:35:32.652 --> 01:35:36.688 [exhales] 01:35:38.217 --> 01:35:43.326 You know, I tried to explain it to my kids. 01:35:43.885 --> 01:35:47.198 My three-year-old told me that the doctors would fix him. 01:35:52.576 --> 01:35:56.826 I've known lots of people that have died, but I've never lost anybody like this, 01:35:56.984 --> 01:36:04.001 because everybody feels, and I do too, there is so much we could have-- more to do like, uh 01:36:05.102 --> 01:36:11.196 I just didn't know he was there. I didn't know this was what he was suffering and... 01:36:11.656 --> 01:36:14.375 He was part of me. 01:36:16.585 --> 01:36:20.845 And I just wanted it to not be real, and then... 01:36:25.105 --> 01:36:29.367 and then I just looked at his Wikipedia page and I saw the end date, 01:36:33.244 --> 01:36:35.761 "to 2013". 01:36:43.894 --> 01:36:45.974 01:36:46.064 --> 01:36:50.710 01:36:50.710 --> 01:36:54.304 01:36:54.304 --> 01:36:56.314 01:36:57.420 --> 01:37:02.709 01:37:03.097 --> 01:37:05.536 01:37:05.606 --> 01:37:08.082 01:37:08.142 --> 01:37:11.808 01:37:14.958 --> 01:37:19.636 My first thought was: what if nobody even notices? 01:37:19.636 --> 01:37:24.108 You know, because it wasn't clear to me how salient he was. 01:37:24.508 --> 01:37:30.060 I had never seen anything quite like the outpouring I saw. 01:37:30.060 --> 01:37:32.116 The Net just lit up. 01:37:32.116 --> 01:37:37.677 I mean, everyone was trying to explain it in their own way, but I've never seen 01:37:38.281 --> 01:37:40.356 people grieve on Twitter before. 01:37:40.356 --> 01:37:43.888 People were visibly grieving online. 01:37:46.552 --> 01:37:49.668 He was the internet's own boy, 01:37:50.115 --> 01:37:54.126 and the old world killed him. 01:37:55.747 --> 01:38:01.316 We are standing in the middle of a time when great injustice is not touched. 01:38:02.204 --> 01:38:06.564 Architects of the financial meltdown have dinner with the president, regularly. 01:38:06.564 --> 01:38:12.989 In the middle of that time, the idea that this is what the government had to prosecute, 01:38:14.774 --> 01:38:17.859 It just seems absurd, if it weren't tragic. 01:38:17.859 --> 01:38:23.643 The question is: Can we do something, given what's happened, 01:38:23.643 --> 01:38:26.698 to make the world a better place? 01:38:26.698 --> 01:38:28.817 And how can we further that legacy? 01:38:28.817 --> 01:38:32.284 That's the only question one could ask. 01:38:33.310 --> 01:38:37.796 All over the world there are starting to be hack-a-thons, gatherings, 01:38:37.971 --> 01:38:43.578 Aaron Swartz has, in some sense, brought the best out of us, in trying to say: 01:38:44.044 --> 01:38:47.079 How do we fix this? 01:38:47.994 --> 01:38:52.892 He was, in my humble opinion, one of the true extraordinary revolutionaries 01:38:52.892 --> 01:38:55.817 that this country has produced. 01:38:55.817 --> 01:38:59.504 I don't know whether Aaron was defeated or victorious, 01:38:59.715 --> 01:39:05.939 but we are certainly shaped by the hand of the things that he wrestled with. 01:39:06.089 --> 01:39:12.430 When we turn armed agents of the law on citizens trying to increase access to knowledge, 01:39:12.601 --> 01:39:17.163 we've broken the rule of law, we've desecrated the temple of justice. 01:39:17.344 --> 01:39:19.684 Aaron Swartz was not a criminal. 01:39:19.684 --> 01:39:21.756 [applause] 01:39:21.756 --> 01:39:25.525 Change does not roll in on the wheels of inevitability, 01:39:25.525 --> 01:39:29.084 it comes through continuous struggle. 01:39:30.316 --> 01:39:32.703 Aaron really could do magic, 01:39:32.976 --> 01:39:36.308 and I'm dedicated to making sure that his magic doesn't end with his death. 01:39:36.308 --> 01:39:40.409 He believed that he could change the world, and he was right. 01:39:40.780 --> 01:39:44.935 Out of the last week, and out of today, phoenixes are already rising. 01:39:45.022 --> 01:39:46.728 [applause] 01:39:46.978 --> 01:39:51.605 Since Swartz's death, Representative Zoe Lofgren and Senator Ron Wyden 01:39:51.605 --> 01:39:55.509 have introduced legislation that would reform the Computer Fraud and Abuse Act-- 01:39:55.811 --> 01:40:00.563 the outdated law that formed the majority of the charges against Swartz. 01:40:00.816 --> 01:40:03.511 It's called "Aaron's Law". 01:40:03.511 --> 01:40:07.310 Aaron believed that, like, you literally ought to be asking yourself all of the time: 01:40:07.310 --> 01:40:10.731 What is the most important thing I could be working on in the world right now? 01:40:10.940 --> 01:40:13.203 And if you're not working on that, why aren't you? 01:40:13.203 --> 01:40:15.758 [Protesters] This is what democracy looks like! 01:40:15.758 --> 01:40:17.278 [crowd chants] We are the people too! 01:40:17.278 --> 01:40:21.088 Internet freedom's under attack, what do we do? 01:40:21.088 --> 01:40:22.814 Stand up, fight back! 01:40:22.814 --> 01:40:25.928 Internet freedom's under attack, what do we do? 01:40:25.928 --> 01:40:30.929 Hey, hey! Ho, ho! NROC ??? has got to go! 01:40:33.740 --> 01:40:37.331 I wish we could change the past, but we cannot. 01:40:37.331 --> 01:40:39.898 But we can change the future and we must. 01:40:39.898 --> 01:40:44.107 We must do so for Aaron, we must do so for ourselves. 01:40:44.107 --> 01:40:48.797 We must do so to make our world a better place, a more humane place, 01:40:48.797 --> 01:40:54.179 a place where justice works, and access to knowledge becomes a human right. [applause] 01:40:54.584 --> 01:41:01.741 So there was a kid, back in February, from Baltimore, fourteen years old, 01:41:02.109 --> 01:41:08.448 who had access to JSTOR, and he'd been spalunking through JSTOR after reading something, 01:41:08.506 --> 01:41:14.350 and he figured out a way to do early tests for pancreatic cancer, 01:41:14.876 --> 01:41:19.639 and pancreatic cancer kills the shit out of you because we detect it way too late 01:41:19.639 --> 01:41:23.032 by the time we detect it, it's already too late to do anything about it. 01:41:23.187 --> 01:41:29.080 And he sent emails off to the entire oncology department at Johns Hopkins, 01:41:29.144 --> 01:41:32.368 you know hundreds of them, and every - [Interviewer] Say fourteen year old? 01:41:32.368 --> 01:41:35.853 - Fourteen year old kid, yeah, and most of them ignored it, but one of them sent him an email back, 01:41:35.853 --> 01:41:38.798 and said this is not an entirely stupid idea, why don't you come on over? 01:41:38.798 --> 01:41:43.470 This kid worked evenings and weekends with this researcher, and in February I heard him on the news 01:41:43.470 --> 01:41:48.832 just a couple of weeks after Aaron died when Aaron was in the news a lot... 01:41:50.907 --> 01:41:53.005 sorry... 01:41:53.550 --> 01:41:59.550 and uh, he said, the reason he was on the news was 'cause they'd done it. They were shipping 01:42:00.152 --> 01:42:03.941 an early test for pancreatic cancer that was going to save lives. 01:42:03.941 --> 01:42:09.917 And he said, "This is why what Aaron did was so important." 01:42:10.453 --> 01:42:15.359 Because you never know, right? This truth of the universe is not only something 01:42:15.359 --> 01:42:19.581 that policymakers use to figure out, you know, what the speed limit should be. 01:42:19.581 --> 01:42:24.390 It's where the thing that's gonna keep, you know, your kid from dying of pancreatic cancer comes from, 01:42:26.173 --> 01:42:31.391 and without access, the person who might come up with the thing that's got your number on it, 01:42:32.692 --> 01:42:34.487 may never find that answer. 01:42:35.967 --> 01:42:36.267 01:42:36.267 --> 01:42:47.425 He sleeped so well, he didn't fall out of [baby talk] , not even when he dreamed he was back on the spacecraft. 01:42:48.030 --> 01:42:51.805 [Aaron's dad:] Very good, Aaron. Very good. Yay, Aaron! 01:42:51.805 --> 01:42:56.586 Okay, now it's song time. 01:42:56.703 --> 01:43:19.192 [music] 01:44:38.071 --> 01:44:43.593 01:44:43.873 --> 01:44:49.701 [credits]