WEBVTT 00:00:27.770 --> 00:00:39.776 [quote on screen] 00:00:50.174 --> 00:00:54.069 The cofounder of the social, news, and entertainment website "Reddit" 00:00:54.069 --> 00:00:55.904 has been found dead. 00:00:57.479 --> 00:00:58.887 He certainly was a prodigy, 00:00:58.887 --> 00:01:01.496 although he never thought of himself like that. 00:01:02.171 --> 00:01:04.578 He was totally unexcited 00:01:04.578 --> 00:01:07.924 about starting businesses and making money. 00:01:09.888 --> 00:01:13.108 There is a profound sense of loss tonight in Highland Park, 00:01:13.108 --> 00:01:14.789 Aaron Swartz's hometown 00:01:14.789 --> 00:01:18.601 as loved ones say goodbye to one of the Internet's brightest lights. 00:01:18.601 --> 00:01:21.911 Freedom, Open Access, and computer activists are mourning his loss. 00:01:21.911 --> 00:01:25.039 "An astonishing intellect," if you talk to people who knew him. 00:01:25.039 --> 00:01:29.606 He was killed by the Government, and MIT betrayed all of its basic principles. 00:01:29.606 --> 00:01:32.976 They wanted to make an example out of him. Okay? 00:01:35.061 --> 00:01:38.873 Governments have insatiable desire to control. 00:01:39.167 --> 00:01:43.287 He was potentially facing 35 years in prison and a 1-million-dollar fine. 00:01:43.287 --> 00:01:50.019 Raising questions to prosecutorial zeal, and I would say even 'misconduct.' 00:01:50.019 --> 00:01:54.717 Have you looked into that particular matter and reached any conclusions? 00:01:57.712 --> 00:02:00.588 Growing up, you know, I slowly had this process realizing 00:02:00.588 --> 00:02:02.705 that all the things around me that people had told me 00:02:02.705 --> 00:02:06.123 were just the natural way of things were, or the way things would be, 00:02:06.276 --> 00:02:07.407 they weren't natural at all. 00:02:07.407 --> 00:02:08.538 There were things that could be changed. 00:02:08.538 --> 00:02:11.674 And there were things, more importantly, were wrong and should change. 00:02:11.674 --> 00:02:14.624 And once I realized that, there was really kind of no going back. 00:02:24.274 --> 00:02:28.061 Welcome to story reading time. 00:02:28.061 --> 00:02:32.593 The name of the book is "Paddington at the Fair." 00:02:33.053 --> 00:02:36.404 He was born in Highland Park and grew up here. 00:02:36.404 --> 00:02:39.788 Aaron came from a family of three brothers, all extraordinarily bright. 00:02:39.788 --> 00:02:42.476 "...Oh the box is tipping over..." 00:02:42.476 --> 00:02:44.194 [Boys screaming] 00:02:44.224 --> 00:02:47.824 So, we were all, you know, not the best behaved children. 00:02:47.824 --> 00:02:51.212 You know, three boys, running around all the time, causing trouble... 00:02:51.212 --> 00:02:53.255 "Hey, no, no, no!" 00:02:53.255 --> 00:02:55.714 - Aaron! - What? 00:02:55.714 --> 00:03:00.571 But I've come to the realization Aaron learned how to learn at a very young age. 00:03:00.571 --> 00:03:06.351 "One, two, three, four, five, six, seven, eight, nine, ten!" 00:03:06.351 --> 00:03:08.932 - Knock, knock! - Who's there? 00:03:08.932 --> 00:03:10.657 - Aaron. - Aaron who? 00:03:10.657 --> 00:03:12.353 - Aaron Funnyman. 00:03:12.353 --> 00:03:14.858 He knew what he wanted and he always wanted to do it. 00:03:14.858 --> 00:03:17.229 He always accomplished what he wanted. 00:03:18.459 --> 00:03:21.508 His curiosity was endless. 00:03:21.508 --> 00:03:27.047 "Here's a little picture of what the planets are. Each planet has a symbol. 00:03:27.047 --> 00:03:33.097 Mercury symbol, Venus's 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 in downtown Highland Park?" 00:03:37.089 --> 00:03:40.484 "Free family entertainment in downtown Highland Park" 00:03:40.484 --> 00:03:42.501 He was three at that 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 --> 00:03:49.912 "Free family entertainment in downtown Highland Park" 00:03:49.912 --> 00:03:54.513 She was floored, and astonished that he could read. 00:03:54.890 --> 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. 00:04:08.777 --> 00:04:12.318 I pulled a book off the shelf that was from like 1900, 00:04:12.318 --> 00:04:16.149 And showed him saying "this is just a really extraordinary place." 00:04:16.149 --> 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 "...We're going to learn the ABC backward." 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 and 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 He was always like that. 00:04:43.137 --> 00:04:48.618 "Now you press the 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 was there was nothing that I wanted done, 00:05:38.511 --> 00:05:41.553 but to him, there was always something to do. 00:05:41.553 --> 00:05:44.375 Always something that programming can 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 Macintosh and 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 that time, 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 in things 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 --> 00:06:34.837 I'm sure someone out there know all about gold, gold leafing. 00:06:34.837 --> 00:06:38.722 Why don't they write about that on this website. And other people can come at later point, 00:06:38.722 --> 00:06:43.347 read that information and edit the information if they though 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' response was like, 00:07:01.282 --> 00:07:06.802 "This is a terrible idea. You can't just let anyone author the encyclopedia. 00:07:06.802 --> 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 --> 00:07:16.501 Me and my other brother were like, "Aw, you know, Wikipedia is cool, but... 00:07:16.501 --> 00:07:20.408 we had that in our house like, 5 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. 00:07:33.608 --> 00:07:37.440 We all went to Cambridge when he won the ArsDigita prize 00:07:37.440 --> 00:07:39.516 and we had no clue what Aaron was doing. 00:07:39.516 --> 00:07:43.778 It was obvious that the prize was really important. 00:07:43.778 --> 00:07:47.361 Aaron soon became involved with online programming communities, 00:07:47.361 --> 00:07:51.257 then in the process of shaping a new tool for the Web. 00:07:51.257 --> 00:07:55.175 He comes up to me and is like, "Ben, there's this really awesome thing that I'm working on." 00:07:55.175 --> 00:07:56.893 "You need to hear about it!" 00:07:56.893 --> 00:07:58.522 "Yeah, what is it?" 00:07:58.522 --> 00:08:00.789 "It's this thing called RSS." 00:08:01.999 --> 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 --> 00:08:16.423 There was this mailing list for people who are working on RSS, and XML more generally, 00:08:16.423 --> 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 --> 00:08:27.956 he didn't ever come to the face-to-face meetings, and they said, 00:08:27.956 --> 00:08:31.352 "You know, when are you gonna come out to one of these face-to-face meetings?" 00:08:31.352 --> 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 --> 00:08:46.134 was thirteen years old while we were working with him, and he's only fourteen now." 00:08:46.134 --> 00:08:47.377 And their second reaction was: 00:08:47.377 --> 00:08:50.140 "Christ, we really want to meet him. That's extraordinary!" 00:08:50.140 --> 00:08:53.455 He was part of the committee that drafted RSS. 00:08:53.455 --> 00:08:59.151 What he was doing was to help build the plumbing for modern hypertext. 00:08:59.151 --> 00:09:05.696 The piece that he was working on, RSS, was a tool that you can use to get summaries 00:09:05.696 --> 00:09:08.185 of things that are going on on other web pages. 00:09:08.185 --> 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 --> 00:09:22.099 to create a unified list of all the stuff that's going on. 00:09:22.099 --> 00:09:27.108 Aaron was really young, but he understood the technology and he saw that it was imperfect 00:09:27.108 --> 00:09:30.418 and looked for ways to help make it better. 00:09:35.645 --> 00:09:39.795 So his mom started bundling him on planes in Chicago. We'd pick him up in San Francicso. 00:09:39.795 --> 00:09:44.783 We'd introduce him to interesting people to argue with, and we'd marvel at his horrific eating habits. 00:09:44.783 --> 00:09:50.882 He only ate white food, only like steamed rice and not fried rice 'cause that wasn't sufficiently white 00:09:50.882 --> 00:09:53.320 and white bread, and so on... 00:09:53.320 --> 00:09:58.483 and you kind of marveled at the quality of the debate emerging from this, 00:09:58.483 --> 00:10:00.794 what appeared to be a small boy's mouth, 00:10:00.794 --> 00:10:04.483 and you'd think, this is a kid that's really going to get somewhere if he doesn't die of scurvy. 00:10:04.483 --> 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 --> 00:10:15.250 You can't have companies that just sell dog food over the Internet, or sell dog food over cell phones. 00:10:15.250 --> 00:10:17.506 But there's still a lot of innovation going on. 00:10:17.506 --> 00:10:21.025 I think that maybe if you don't see the innovation, maybe your head is in the sand. 00:10:21.025 --> 00:10:24.126 He takes on this, like an alpha nerd personality, where he's 00:10:24.126 --> 00:10:28.192 sort of like, "I'm smarter than you, and because I'm smarter than you, I'm better than you, 00:10:28.192 --> 00:10:29.974 and I can tell you what to do." 00:10:29.974 --> 00:10:34.760 It's an extension of, like, him being kind of like a twerp. 00:10:34.760 --> 00:10:38.310 So you aggregate all these computers together and now they're solving big problems 00:10:38.310 --> 00:10:42.040 like searching for aliens and trying to cure cancer. 00:10:44.630 --> 00:10:47.510 I first met him on IRC, on Internet Relay Chat. 00:10:47.510 --> 00:10:53.480 He didn't just write code, he also got people excited about solving problems he got. 00:10:53.480 --> 00:10:55.387 He was a connector. 00:10:55.387 --> 00:10:58.381 The free culture movement has had a lot of his energy. 00:10:58.381 --> 00:11:03.172 I think Aaron was trying to make the world work. He was trying to fix it. 00:11:03.172 --> 00:11:08.340 He had a very kind of strong personality that definitely ruffled feathers at times. 00:11:08.340 --> 00:11:13.195 It wasn't necesarily the case that he was always comfortable in the world 00:11:13.195 --> 00:11:16.265 and the world wasn't always comfortable with him. 00:11:18.954 --> 00:11:22.539 Aaron got into high school and was really just sick of school. 00:11:22.539 --> 00:11:27.649 He didn't like it. He didn't like any of the classes that were being taught. He didn't like the teachers. 00:11:27.649 --> 00:11:30.246 Aaron really knew, like, how to get information. 00:11:30.246 --> 00:11:33.979 He was like, "I don't need to go to this teacher to learn how to do geometry. 00:11:33.979 --> 00:11:36.492 I can just read the geometry book, 00:11:36.492 --> 00:11:40.918 and I don't need to go to this teacher to learn their version of American history, 00:11:40.918 --> 00:11:45.400 I have, like, three historical compilations here, I could just read them, 00:11:45.400 --> 00:11:48.711 and I'm not interested in that. I'm interested in the Web." 00:11:48.711 --> 00:11:52.578 I was very frustrated with school. I thought the teachers didn't know what they were talking about, 00:11:52.578 --> 00:11:56.291 and they were domineering and controlling, and the homework was kind of a sham, 00:11:56.291 --> 00:12:01.263 and it was all just like all about a way to pen students all together and force them to do busywork. 00:12:01.263 --> 00:12:04.865 And, you know, I started reading books about the history of education 00:12:04.865 --> 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 --> 00:12:14.570 as opposed to just regurgitating facts that teachers told them, 00:12:14.570 --> 00:12:18.488 and that kind of led me down this path of questioning things, once I questioned the school I was in, 00:12:18.488 --> 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 --> 00:12:27.729 I questioned the government that set up this whole structure. 00:12:27.729 --> 00:12:31.342 One of the thing he was most passionate about was copyright, especially in those early days. 00:12:31.342 --> 00:12:37.490 Copyright has always been something of a burden on the publishing industry and on readers, 00:12:37.490 --> 00:12:44.007 but it wasn't an excessive burden. It was a reasonable institution to have in place 00:12:44.007 --> 00:12:46.015 to make sure that people got paid. 00:12:46.015 --> 00:12:52.663 What Aaron's generation experienced was the collision between this antique copyright system 00:12:52.663 --> 00:12:56.320 and this amazing new thing we were trying to build--the Internet and the Web. 00:12:56.320 --> 00:13:00.260 These things collided, and what we got was chaos. 00:13:01.984 --> 00:13:05.281 He then met Harvard Law Professor Lawrence Lessig, 00:13:05.281 --> 00:13:08.598 who was then challenging copyright law in the Supreme Court. 00:13:08.598 --> 00:13:12.969 A young Aaron Swartz flew to Washington to listen to the Supreme Court hearings. 00:13:12.969 --> 00:13:17.504 I am Aaron Swartz and I'm here to listen to the Eldred--to see the Eldred argument. 00:13:17.504 --> 00:13:22.553 Why did you fly out here from Chicago, and come all this way to see the Eldred argument? 00:13:22.553 --> 00:13:25.743 That's a more difficult question... 00:13:29.361 --> 00:13:33.334 I don't know. It's very exciting to see the Supreme Court, 00:13:33.334 --> 00:13:36.704 especially in such a prestigious case as this one. 00:13:41.599 --> 00:13:46.509 Lessig was also moving forward with a new way to define copyright on the Internet. 00:13:46.509 --> 00:13:48.986 It was called Creative Commons. 00:13:48.986 --> 00:13:53.200 So the simple idea of Creative Commons is to give people--creators-- 00:13:53.200 --> 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 --> 00:14:08.539 I want a simple way to say to you, "Here's what you can do with my work, 00:14:08.539 --> 00:14:13.075 even if there are other things which you need to get my permission before you could do." 00:14:13.075 --> 00:14:16.261 And Aaron's role was the computer part. 00:14:16.261 --> 00:14:20.562 Like, how do you architect the licenses so they'll be simple and understandable 00:14:20.562 --> 00:14:22.927 and expressed in a way so that machines can process it? 00:14:22.927 --> 00:14:29.144 And people were like, "Why do you have this fifteen-year-old kid writing the specifications for Creative Commons? 00:14:29.144 --> 00:14:30.549 Don't you think that's a huge mistake?" 00:14:30.549 --> 00:14:34.971 And Larry is like, "The biggest mistake we would have done is not listening to this kid." 00:14:34.971 --> 00:14:39.271 He barely is not even tall enough to even get over the podium, 00:14:39.271 --> 00:14:42.062 and it was this movable podium so it was this embarrassing thing, 00:14:42.062 --> 00:14:45.864 where once he put his screen up nobody could see his face. 00:14:45.864 --> 00:14:50.827 When you come to our website here, and you go to "Choose License". 00:14:50.827 --> 00:14:56.830 It gives you this list of options, it explains what it means, and you've got three simple questions: 00:14:56.830 --> 00:14:59.435 "Do you want to require attribution?" 00:14:59.435 --> 00:15:02.377 "Do you want to allow commercial uses of your work?" 00:15:02.377 --> 00:15:05.453 "Do you want to allow modifications of your work?" 00:15:05.453 --> 00:15:11.406 I was floored, just completely flabbergasted that these adults regarded him as an adult, 00:15:11.406 --> 00:15:15.708 and Aaron stood up there in front of a whole audience full of people, and just started talking 00:15:15.708 --> 00:15:19.721 about the platform that he'd created for Creative Commons, 00:15:19.721 --> 00:15:23.272 and they were all listening to him, just... 00:15:23.272 --> 00:15:27.762 I was sitting at the back, thinking: he's just a kid, why are they listening to him? 00:15:27.772 --> 00:15:29.358 But they did... 00:15:29.358 --> 00:15:31.904 Well, I don't think I comprehended it fully. 00:15:31.904 --> 00:15:36.956 Though critics have said it does little to ensure artists get paid for their work, 00:15:36.956 --> 00:15:40.002 the success of Creative Commons has been enormous. 00:15:40.002 --> 00:15:46.462 Currently on the website Flickr alone, over 200 million people use some form of Creative Commons license. 00:15:46.462 --> 00:15:56.021 He contributed through his technical abilities, and yet it was not simply a technical matter to him. 00:15:56.921 --> 00:16:00.551 Aaron often wrote candidly in his personal blog: 00:16:00.921 --> 00:16:05.822 I think deeply about things, and I want others to do likewise. 00:16:05.822 --> 00:16:10.949 I work for ideas and learn from people. I don't like excluding people. 00:16:10.949 --> 00:16:15.416 I'm a perfectionist, but I won't let that get in the way of publication. 00:16:15.416 --> 00:16:18.831 Except for education and entertainment, I'm not going to waste my time 00:16:18.831 --> 00:16:21.034 on things that won't have an impact. 00:16:21.034 --> 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 --> 00:16:31.436 I don't hold grudges, it's not productive, but I learn from my experience. 00:16:31.436 --> 00:16:35.246 I want to make the world a better place. 00:16:40.182 --> 00:16:45.755 In 2004, Swartz leaves Highland Park and enrolls in Stanford University. 00:16:45.755 --> 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, 00:16:55.873 --> 00:17:00.773 and one of those pills was a steroid which stunted his growth, 00:17:00.773 --> 00:17:03.822 and made him feel different from any of the other students. 00:17:03.822 --> 00:17:06.458 Aaron, I think, shows up at Stanford ready to do scholarship 00:17:06.458 --> 00:17:12.800 and finds himself in effectively a babysitting program for overachieving high-schoolers 00:17:12.800 --> 00:17:20.828 who in four years are meant to become captains of industry and one-percenters 00:17:20.828 --> 00:17:24.915 and I think it just made him bananas. 00:17:25.487 --> 00:17:28.527 In 2005, after only one year of college, 00:17:28.527 --> 00:17:35.531 Swartz was offered a spot at a new start-up incubation firm called Y Combinator, lead by Paul Graham. 00:17:35.751 --> 00:17:39.181 He's like, "Hey, I have this idea for a website." 00:17:39.181 --> 00:17:42.230 And Paul Graham likes him enough, and says, "Yeah, sure." 00:17:42.230 --> 00:17:45.738 So Aaron drops out of school, moves to this apartment... 00:17:45.738 --> 00:17:48.864 So this used to be Aaron's apartment when he moved here. 00:17:48.864 --> 00:17:54.977 I have vague memories of my father telling me how difficult it was to get a lease 00:17:54.977 --> 00:17:57.862 'cause Aaron had no credit and he dropped out of college. 00:17:57.862 --> 00:18:03.669 Aaron lived in what's now the living room and some of the posters are leftover from when Aaron lived here. 00:18:03.669 --> 00:18:09.279 And then the library...there are more books, but a lot of them are Aaron's. 00:18:10.911 --> 00:18:16.731 Aaron's Y Combinator site was called "infogami", a tool to build websites. 00:18:16.861 --> 00:18:20.438 But infogami struggles to find users, and Swartz eventually 00:18:20.438 --> 00:18:24.747 merges his company with another Y Combinator project in need of help. 00:18:24.747 --> 00:18:29.539 It was a project headed by Steve Huffman and Alexis Ohanian, called "Reddit". 00:18:29.539 --> 00:18:33.708 There we were, starting from almost nothing. No users, no money, no code, 00:18:33.708 --> 00:18:37.027 and growing day by day into a hugely popular website, 00:18:37.027 --> 00:18:38.816 And it showed no signs of letting up. 00:18:38.816 --> 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. 00:18:52.152 --> 00:19:01.100 There's a lot of humor, there's a lot of art, and there's just people who flock to the site, 00:19:01.100 --> 00:19:07.413 and make that site the main site they go to every morning to get their news. 00:19:07.413 --> 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 --> 00:20:14.487 hacking on Reddit, and when they sold Reddit 00:20:14.487 --> 00:20:18.641 they threw a giant party, and then all flew out to California the next day, 00:20:18.641 --> 00:20:20.195 and left the keys with me. 00:20:23.701 --> 00:20:27.400 It was funny, you know, he'd just sold his start-up so we all presumed 00:20:27.400 --> 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 --> 00:20:42.440 The idea of him spending his money on fancy objects just seemed so implausible. 00:20:42.500 --> 00:20:47.620 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, 00:20:47.620 --> 00:20:49.886 and I like wearing jeans and a T-shirt, 00:20:49.886 --> 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, 00:20:57.970 --> 00:21:00.524 and what commands our attention. 00:21:00.524 --> 00:21:03.522 In the old system of broadcasting, you're fundamentally limited by the amount of 00:21:03.522 --> 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 --> 00:21:15.360 On the Internet, everybody can have a channel. Everyone can get a blog, or a MySpace page. 00:21:15.360 --> 00:21:18.164 Everyone has a way of expressing themselves. 00:21:18.164 --> 00:21:21.280 What you see now is not a question of who gets access to the airwaves, 00:21:21.280 --> 00:21:25.030 it's a question of who gets control over the ways you find people. 00:21:25.030 --> 00:21:29.026 You know, you start seeing power centralizing in sites like Google, theses sort of gatekeepers that tell you 00:21:29.026 --> 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 --> 00:21:38.264 So it's not only certain people have a license to speak, now everyone has 00:21:38.264 --> 00:21:40.904 a license to speak. It's a question of who gets heard. 00:21:44.526 --> 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 --> 00:21:59.325 which to developers is outrageous. 00:21:59.325 --> 00:22:02.095 From the first day, he was complaining about all the stuff. 00:22:05.037 --> 00:22:10.627 "Gray walls, gray desks, gray noise. The first day I showed up here, I simply couldn't take it. 00:22:10.627 --> 00:22:15.373 By lunchtime, I had literally locked myself in a bathroom stall and started crying. 00:22:15.373 --> 00:22:18.285 I can't imagine staying sane with someone buzzing in my ear all day 00:22:18.285 --> 00:22:20.965 Let alone getting any actual work done. 00:22:20.965 --> 00:22:24.087 Nobody else seems to get work done here either 00:22:24.087 --> 00:22:27.057 Everybody's always coming into our room to hang out and chat, or invite us to play 00:22:27.057 --> 00:22:29.927 the new video game system that Wired is testing." 00:22:32.152 --> 00:22:37.817 He really had different aspirations that were politically-oriented, 00:22:37.817 --> 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. 00:22:47.007 --> 00:22:49.533 Aaron hated working for a corporation. 00:22:49.533 --> 00:22:53.004 They all hate working for Condé Nast, but Aaron is the only one who is not going to take it. 00:22:53.004 --> 00:22:55.643 And Aaron basically gets himself fired. 00:22:55.643 --> 00:22:58.313 By not showing up to work, ever. 00:23:01.013 --> 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 --> 00:23:22.404 that choice when Aaron decided to leave start-up culture is that he was also leaving behind 00:23:22.404 --> 00:23:31.162 the things that had made him famous and well-loved, and he was at risk of letting down fans. 00:23:31.162 --> 00:23:35.866 He got to where he was supposed to be going, and had the self-awareness 00:23:35.866 --> 00:23:42.821 and the orneriness to realize that he had climbed the mountain of shit to pluck 00:23:42.821 --> 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. 00:24:35.917 --> 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 --> 00:24:51.398 Tim is certainly a very prominent early Internet genius, who doesn't in any sense cash out. 00:24:51.398 --> 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 --> 00:25:00.566 so there would have been lots of little webs, 00:25:00.566 --> 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. 00:25:09.923 --> 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. 00:25:23.891 --> 00:25:28.162 I feel very strongly that it's not enough to just live in the world as it is, 00:25:28.162 --> 00:25:33.852 to just kind of take what you're given, and you know, follow the things that adults told you to do, 00:25:33.852 --> 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 --> 00:25:43.055 I take this very scientific attitude, that everything you've learned is just provisional, 00:25:43.055 --> 00:25:49.117 that it's always open to recantation or refutation or questioning, and I think the same applies to society. 00:25:49.117 --> 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 --> 00:27:50.171 ♪ Extraordinary machine ♪ 00:27:53.037 --> 00:27:57.527 - What are you doing? (Quinn) - Flicker has video now. 00:27:59.390 --> 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 website called Watchdog.net, 00:28:08.189 --> 00:28:10.799 and a project called The Open Library. 00:28:10.816 --> 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 --> 00:28:29.391 all the information from publishers, from booksellers, from libraries, from readers 00:28:29.391 --> 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 --> 00:28:53.757 of knowledge that's been embedded and lost in big physical libraries, that's hard to find, 00:28:53.757 --> 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 --> 00:29:00.943 Books are the place people go to write things down, 00:29:00.943 --> 00:29:05.813 and to have all that swallowed up by one corporation is kind of scary. 00:29:06.560 --> 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 --> 00:29:21.078 but in fact it's not true. So the public domain should be free to all, but it's often locked up. 00:29:21.078 --> 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 --> 00:29:59.058 What I discovered was a puzzling system called PACER. 00:29:59.058 --> 00:30:02.884 Which stands for Public Access to Court Electronic Records. 00:30:02.884 --> 00:30:07.314 I started Googling, and that's when I ran across Carl Malamud. 00:30:08.886 --> 00:30:14.837 Access to legal materials in the United States is a ten billion dollar per year business. 00:30:14.837 --> 00:30:22.564 PACER is just this incredible abomination of government services. It's ten cents a page, 00:30:22.564 --> 00:30:27.221 it's this most braindead code you've ever seen. You can't search it. You can't bookmark anything. 00:30:27.221 --> 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 --> 00:30:48.367 all need access to PACER, and it fights them every step of the way. 00:30:48.367 --> 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. 00:30:57.816 --> 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 --> 00:31:55.056 The PACER people were getting a lot of flack from Congress and others about public access, 00:31:55.056 --> 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. 00:32:07.915 --> 00:32:12.173 I encouraged volunteers to join the so-called Thumb Drive Corps, 00:32:12.173 --> 00:32:16.607 and download docs from the public access libraries, upload them to the PACER recycling site. 00:32:16.607 --> 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 --> 00:32:31.593 you know, the Munchkins singing, so a videoclip came up: 00:32:31.593 --> 00:32:34.940 ♪ We represent the lollipop guild...♪ 00:32:34.940 --> 00:32:39.381 But of course, I get this phone calls from Steve Shultze and Aaron, saying, 00:32:39.381 --> 00:32:43.047 "Gee, we'd like to join the Thumb Drive Corps." 00:32:43.377 --> 00:32:47.334 Around that time, I ran into Aaron at a conference. 00:32:47.334 --> 00:32:51.593 This is something that really has to be a collaboration between a lot of different people. 00:32:51.593 --> 00:32:53.217 So I approached him and I said, 00:32:53.217 --> 00:32:58.195 "Hey, I am thinking about an intervention on the PACER problem." 00:32:59.865 --> 00:33:04.442 Shultze 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 --> 00:33:24.168 he was off sitting in a corner, improving my code, recruiting a friend of his 00:33:24.168 --> 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 --> 00:33:42.681 And data started to come in, and come in, and come in 00:33:42.681 --> 00:33:47.632 and soon there was 760 GB of PACER docs, about 20 million pages. 00:33:48.282 --> 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 --> 00:34:09.864 Now, I'll grant you that 20 million pages had perhaps exceed the expectations of the people 00:34:09.864 --> 00:34:14.614 running the pilot access project, but surprising a bureaucrat isn't illegal. 00:34:14.620 --> 00:34:19.096 Aaron and Carl decided to go talk to The New York Times about what happened. 00:34:19.731 --> 00:34:26.498 They also caught the attention of the FBI, who began to stake out Swartz's parents' house in Illinois. 00:34:26.498 --> 00:34:31.053 And I get a tweet from his mother, saying, "Call me!!" 00:34:31.053 --> 00:34:33.597 So, I think, like, what the hell's going on here? 00:34:33.597 --> 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! 00:34:56.599 --> 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. 00:35:04.995 --> 00:35:08.479 He was terrified. He was totally terrified. 00:35:09.499 --> 00:35:14.910 He was way more terrified after the FBI actually called him up on the phone, 00:35:14.910 --> 00:35:19.142 and tried to sucker him into coming down to a coffee shop without a lawyer. 00:35:19.142 --> 00:35:23.834 He said he went home and lay down on the bed and, you know, was shaking. 00:35:25.511 --> 00:35:30.056 The downloading also uncovered massive privacy violations in the court documents. 00:35:30.056 --> 00:35:34.922 Ultimately, the courts were forced to change their policies as a result, 00:35:34.922 --> 00:35:39.430 and the FBI closed their investigation without bringing charges. 00:35:39.430 --> 00:35:41.762 To this day, I find it remarkable 00:35:41.762 --> 00:35:46.613 that anybody, even at the most remote podunk field office of the FBI 00:35:46.613 --> 00:35:51.177 thought that a fitting use for taxpayer dollars was investigating people 00:35:51.177 --> 00:35:55.491 for criminal theft on the grounds that they had made the law public. 00:35:55.491 --> 00:35:57.745 How can you call yourself a lawman, 00:35:57.745 --> 00:36:01.725 and think that there could possibly be anything wrong in this whole world 00:36:01.725 --> 00:36:03.575 with making the law public? 00:36:03.575 --> 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 --> 00:36:21.622 I went into Congress, and I invited him to come and hang out and intern for us for a while 00:36:21.622 --> 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 --> 00:36:46.438 while I get to make larger and larger amounts of money each day just by sitting and watching TV. 00:36:46.438 --> 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", 00:36:53.038 --> 00:36:57.888 and what we try and do is we try to organize people over the Internet who care about progressive politics 00:36:57.888 --> 00:37:00.220 and moving the country toward a more progressive direction 00:37:00.220 --> 00:37:03.027 to kind of come together, join our e-mail list, join our campaigns 00:37:03.027 --> 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. 00:37:12.716 --> 00:37:17.000 He might have thought it was a dumb system but he came in and he said, "I need to learn this system, 00:37:17.000 --> 00:37:21.310 because it can be manipulated like any social system." 00:37:21.310 --> 00:37:24.925 But his passion for knowledge and libraries didn't take a back seat. 00:37:24.925 --> 00:37:31.030 Aaron began to take a closer look at institutions that publish academic journal articles. 00:37:31.040 --> 00:37:34.960 By virtue of being students at a major U.S. university, I assume you have access 00:37:34.960 --> 00:37:37.660 to a wide variety of scholarly journals. 00:37:37.660 --> 00:37:43.551 Pretty much every major university in the United States pays these sort of licensing fees to organizations like 00:37:43.551 --> 00:37:50.694 JSTOR and Thomson Isi to get access to scholarly journals that the rest of the world can't read. 00:37:50.694 --> 00:37:57.278 These scholarly journals and articles are essentially the entire wealth of human knowledge online, 00:37:57.278 --> 00:38:02.273 and many have been paid for with taxpayer money or with government grants, 00:38:02.273 --> 00:38:08.591 but to read them, you often have to pay again handing over steep fees to publishers like Reed-Elsevier. 00:38:08.591 --> 00:38:14.728 These licenses fees are so substantial that people who are studying in India, instead of studying in United States, 00:38:14.728 --> 00:38:19.097 don't have this kind of access. They are locked out from all of these journals. 00:38:19.103 --> 00:38:23.057 They are locked out from our entire scientific legacy. 00:38:23.057 --> 00:38:27.021 I mean, a lot of these journal articles, they go back to The Enlightenment. 00:38:27.021 --> 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 --> 00:38:52.454 who then try to get the maximum profit they can out of it. 00:38:53.304 --> 00:38:58.769 So a researcher paid by the university or the people publishes a paper, 00:38:58.769 --> 00:39:01.782 and at the very, very last step of that process, after all the work is done, 00:39:01.782 --> 00:39:06.991 after all the original research is done--the thinking, the lab work, the analysis, after everything is done, 00:39:06.991 --> 00:39:13.849 at that last stage, then the researcher has to hand over his or her copyright to this multi-billion dollar company. 00:39:13.908 --> 00:39:18.238 And it's sick. It's an entire economy built on volunteer labor, 00:39:18.238 --> 00:39:21.350 and then the publishers sit at the very top and scrape off the cream. 00:39:21.390 --> 00:39:28.558 Talk about a scam. One publisher in Britain made a profit of three billion dollars last year. 00:39:28.558 --> 00:39:30.194 I mean, what a racket! 00:39:30.194 --> 00:39:34.271 JSTOR is just a very, very small player in that story 00:39:34.271 --> 00:39:39.828 but for some reason, JSTOR is the player that Aaron decided to confront. 00:39:40.938 --> 00:39:44.469 He'd gone to some conference around Open Access and Open Publishing, 00:39:44.469 --> 00:39:46.380 and I don't know who the person from JSTOR was, 00:39:46.380 --> 00:39:49.778 but I think they--at some point, Aaron asked the question, 00:39:49.778 --> 00:39:54.406 "How much would it cost to open up JSTOR in perpetuity?" 00:39:54.406 --> 00:39:58.045 And they gave some--I think it was two hundred million dollars, 00:39:58.045 --> 00:40:00.566 something that Aaron thought was totally ridiculous. 00:40:00.566 --> 00:40:07.372 Working on a fellowship at Harvard, he knew users on MIT's famously open and fast network next door 00:40:07.372 --> 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 --> 00:40:19.824 and with a little bit of shell script magic, you can get those journal articles. 00:40:20.992 --> 00:40:23.492 On September 24, 2010, 00:40:23.492 --> 00:40:27.031 Swartz registered a newly purchased Acer laptop 00:40:27.031 --> 00:40:30.659 on the MIT network, under the name "Garry Host". 00:40:30.859 --> 00:40:35.449 The client name was registered as "GHost laptop". 00:40:35.449 --> 00:40:38.420 He doesn't hack JSTOR in the traditional sense of hacking. 00:40:38.420 --> 00:40:40.113 The JSTOR database was organized, 00:40:40.113 --> 00:40:44.150 so it was completely trivial to figure out how you could download all the articles in JSTOR, 00:40:44.150 --> 00:40:45.667 because it was basically numbered. 00:40:45.667 --> 00:40:52.351 It was basically slash slash slash...number article 444024 and -25 and -26. 00:40:52.351 --> 00:40:54.974 He wrote a Python script called keepgrabbing.py, 00:40:54.974 --> 00:40:58.347 which was like, keeping grabbing one article after another. 00:40:58.437 --> 00:41:02.210 The next day, GHost laptop begins grabbing articles, 00:41:02.210 --> 00:41:08.385 but soon, the computer's IP address is blocked. For Swartz, it's barely a bump in the road. 00:41:08.385 --> 00:41:12.798 He quickly reassigns his computer's IP address and keeps downloading. 00:41:13.028 --> 00:41:17.472 Well, JSTOR and MIT take a number of steps to try to interfere with this, 00:41:17.472 --> 00:41:19.616 when they notice that this is happening, 00:41:19.616 --> 00:41:21.854 and when the more modest steps don't work, 00:41:21.854 --> 00:41:26.721 then at a certain stage, JSTOR just cuts off MIT from having access to the JSTOR database. 00:41:26.721 --> 00:41:29.303 So there's a kind of cat-and-mouse game around 00:41:29.303 --> 00:41:33.326 getting access to the JSTOR database. 00:41:33.326 --> 00:41:38.990 Aaron, ultimately, obviously is the cat because he has more technical capability 00:41:38.990 --> 00:41:42.651 than the JSTOR database people do in defending them. 00:41:42.651 --> 00:41:46.898 Eventually, there was an unlocked supply closet in the basement of one of the buildings, 00:41:46.898 --> 00:41:50.695 and he went, instead of going through WiFi, he went down there and he just plugged his computer directly into the network 00:41:50.695 --> 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 --> 00:42:04.986 They didn't stop the downloads. 00:42:04.986 --> 00:42:09.001 Instead, they installed a surveillance camera. 00:42:10.094 --> 00:42:14.582 They found the computer in this room in the basement of an MIT building. 00:42:14.582 --> 00:42:19.299 They could have unplugged it. They could have waited for the guy to come back and said, 00:42:19.299 --> 00:42:23.704 "Dude, what are you doing, you know, cut it out. Who are you?" 00:42:23.704 --> 00:42:25.377 They could have done all that kind of stuff, but they didn't. 00:42:25.377 --> 00:42:29.762 What they wanted to do was film it to gather evidence to make a case. 00:42:29.762 --> 00:42:34.367 That's the only reason you film something like that. 00:42:37.667 --> 00:42:41.132 At first, the only person caught on the glitchy surveillance camera 00:42:41.132 --> 00:42:45.745 was using the closet as a place to store bottles and cans. 00:42:53.142 --> 00:42:57.033 But days later, it caught Swartz. 00:43:05.435 --> 00:43:10.658 Swartz is replacing the hard drive. He takes it out of his backpack, 00:43:10.940 --> 00:43:14.454 leans out of frame for about five minutes, 00:43:14.454 --> 00:43:21.863 and then leaves. 00:43:36.758 --> 00:43:41.819 And then they organized, like, a stakeout where, as he was biking home from MIT, 00:43:41.819 --> 00:43:44.294 these cops came out from either side of the road, 00:43:44.294 --> 00:43:47.796 or something like that, and started going after him. 00:43:49.119 --> 00:43:54.756 He describes that he was pressed down and assaulted by the police. 00:43:54.756 --> 00:43:58.312 He tells me that they--it's unclear that they were police that were after him. 00:43:58.312 --> 00:44:02.377 He thought that someone was trying to attack him. 00:44:02.377 --> 00:44:05.914 He does tell me they beat him up. 00:44:08.255 --> 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 --> 00:44:18.139 was so foreign and incomprehensible, I didn't know what to do. 00:44:18.139 --> 00:44:24.872 Well, they execute search warrants at Aaron's house, his apartment in Cambridge, in his office at Harvard. 00:44:27.522 --> 00:44:33.544 Two days before the arrest, the investigation had gone beyond JSTOR and the local Cambridge police. 00:44:33.544 --> 00:44:37.431 It had been taken over by the United States Secret Service. 00:44:37.431 --> 00:44:42.087 The Secret Service began investigating computer and credit card fraud in 1984, 00:44:42.087 --> 00:44:46.040 but six weeks after the attack on 9/11, their role expanded. 00:44:46.670 --> 00:44:48.042 [applause] 00:44:48.142 --> 00:44:56.061 President Bush used The Patriot Act to establish a network of what they called "Electronic Crimes Task Forces". 00:44:56.061 --> 00:45:01.323 The bill before me takes account of the new realities and dangers posed by modern terrorists. 00:45:01.323 --> 00:45:06.381 According to the Secret Service, they are primarily engaged in activity with economic impact, 00:45:06.381 --> 00:45:11.154 organized criminal groups, or use of schemes involving new technology. 00:45:11.154 --> 00:45:15.606 The Secret Service turned Swartz's case over to the Boston U.S. Attorney's office. 00:45:15.606 --> 00:45:17.934 There was a guy in the U.S. attorney's office who had the title: 00:45:17.934 --> 00:45:22.285 "Head of the Computer Crimes Division or Task Force" 00:45:22.285 --> 00:45:23.915 I don't know what else he had going, 00:45:23.915 --> 00:45:29.364 but you're certainly not much of a "Computer Crimes Prosecutor" without a computer crime to prosecute, 00:45:29.364 --> 00:45:34.934 so he jumped on it, kept if for himself, didn't assign it to someone else within the office or the unit 00:45:34.934 --> 00:45:36.686 and that's Steve Heymann. 00:45:36.686 --> 00:45:41.896 Prosecutor Stephen Heymann has been largely out of public view since the arrest of Aaron Swartz, 00:45:41.896 --> 00:45:46.333 but he can be seen here, in an episode of the television show "American Greed", 00:45:46.333 --> 00:45:48.700 filmed around the time of Aaron's arrest. 00:45:48.700 --> 00:45:53.092 He is describing his previous case against the notorious hacker Alberto Gonzales, 00:45:53.092 --> 00:45:56.873 a case that garnered Heymann enormous press attention and accolades. 00:45:56.873 --> 00:46:01.909 Gonzales masterminded the theft of over a hundred million credit card and ATM numbers, 00:46:01.909 --> 00:46:04.512 the largest such fraud in history. 00:46:04.512 --> 00:46:09.793 Here, Heymann, describing Gonzales, gives his view on the hacker mindset: 00:46:09.793 --> 00:46:16.095 These guys are driven by a lot of the same things that we're driven by. 00:46:16.095 --> 00:46:24.774 They have an ego, they like challenge, and of course they like money and everything you can get for money. 00:46:24.814 --> 00:46:29.714 One of the suspects implicated in the Gonzales case was a young hacker named Jonathan James. 00:46:29.714 --> 00:46:33.210 Believing Gonzales' crimes would be pinned on him, 00:46:33.210 --> 00:46:36.319 James committed suicide during the investigation. 00:46:36.319 --> 00:46:40.905 In an early press release describing the government's position in the case of Aaron Swartz, 00:46:40.905 --> 00:46:45.974 Heymann's boss, U.S. Attorney for the District of Massachusets, Carmen Ortiz, said this: 00:46:46.570 --> 00:46:53.141 "Stealing is stealing, whether you use a computer command or a crowbar, and whether you take documents, data, or dollars." 00:46:53.301 --> 00:46:55.587 It is not true. It's obviously not true. 00:46:56.777 --> 00:46:58.397 I'm not saying it's harmless, 00:46:58.397 --> 00:47:06.122 and I'm not saying that we shouldn't criminalize stealing of information, 00:47:06.122 --> 00:47:08.283 but you got to be much more subtle 00:47:08.283 --> 00:47:14.911 in trying to figure out exactly which kinds of harms are harmful here. 00:47:14.911 --> 00:47:18.677 So the thing about a crowbar is, every time I break into a place with a crowbar, 00:47:18.677 --> 00:47:21.768 I do damage. There is no doubt about it. 00:47:21.768 --> 00:47:23.586 But when Aaron writes a script that says 00:47:23.586 --> 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 --> 00:47:36.238 If he does that for the purpose of gathering an archive to do academic research on it, 00:47:36.238 --> 00:47:38.409 there is never any damage to anybody. 00:47:38.409 --> 00:47:42.925 He wasn't stealing. He wasn't selling what he got or giving it away. 00:47:42.925 --> 00:47:45.641 He was making a point, for as far as I could tell. 00:47:45.641 --> 00:47:48.189 The arrest took its toll on Swartz. 00:47:48.189 --> 00:47:49.822 He just wouldn't talk about it. 00:47:49.822 --> 00:47:51.396 I mean, he was very stressed. 00:47:51.396 --> 00:47:55.614 If you would thought that the FBI was going to come to your doorstep any day, 00:47:55.614 --> 00:47:59.014 anytime you went down the hall, even to do your laundry, 00:47:59.014 --> 00:48:03.140 and they'd break in into your apartment 'cause you left the door unlocked, 00:48:03.140 --> 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. 00:48:18.430 --> 00:48:23.771 He wouldn't give off any sensitive information about his whereabouts during this time, 00:48:23.771 --> 00:48:28.345 because he was so afraid that the FBI would be waiting for him. 00:48:30.775 --> 00:48:35.452 It was a time of unprecedented social and political activism. 00:48:35.452 --> 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. 00:48:48.956 --> 00:48:53.582 WikiLeaks had released a trove of diplomatic cables, 00:48:53.617 --> 00:48:56.551 Manning had been under arrest at the time, 00:48:56.551 --> 00:49:00.223 it was unknown whether he was the source of the leak. 00:49:00.223 --> 00:49:04.801 Anonymous, which is a kind of protest ensemble that 00:49:04.801 --> 00:49:07.459 has a lot of hackers in its ranks, 00:49:07.464 --> 00:49:11.357 were going on various sprees of sorts. 00:49:11.455 --> 00:49:14.107 If you compare that to what he did, 00:49:14.107 --> 00:49:18.112 this stuff should have been left behind for MIT and JSTOR to deal with, 00:49:18.146 --> 00:49:22.048 in a kind of private, professional matter. 00:49:22.105 --> 00:49:27.757 It should have never gotten the attention of the criminal system. 00:49:28.465 --> 00:49:30.630 It just didn't belong there. 00:49:36.455 --> 00:49:39.901 Before he was indicted, Swartz was offered a plea deal 00:49:39.921 --> 00:49:43.230 that involved three months in prison, time in an halfway house, 00:49:43.230 --> 00:49:45.449 and a year of home detention, 00:49:45.449 --> 00:49:47.986 all without the use of a computer. 00:49:47.986 --> 00:49:52.460 It was on the condition that Swartz plead guilty to a felony. 00:49:52.496 --> 00:49:56.765 Here we are: we have no discovery, no evidence whatsoever 00:49:56.765 --> 00:49:58.364 about what the government's case is, 00:49:58.364 --> 00:50:01.821 and we have to make this immense decision 00:50:01.856 --> 00:50:05.604 where the lawyer is pushing you to do this, 00:50:05.606 --> 00:50:09.781 the government is giving you a non-negotiable demand, 00:50:09.781 --> 00:50:13.327 and you're told that your likelihood of prevailing is small, 00:50:13.327 --> 00:50:17.583 so whether you're guilty or not, you're better off taking the deal. 00:50:18.268 --> 00:50:21.280 Boston has its own Computer Crimes Division, 00:50:21.280 --> 00:50:25.518 lots of lawyers, probably more lawyers than they need. 00:50:25.518 --> 00:50:30.627 So, you know, you can imagine all sorts of cases that will be really hard to prosecute, 00:50:30.627 --> 00:50:33.037 because you've got some criminals in Russia, 00:50:33.037 --> 00:50:36.057 or you've got some people inside of a corporation 00:50:36.057 --> 00:50:39.968 that are gonna five hundred dollar lawyers or seven hundred dollar-an-hour lawyers 00:50:39.968 --> 00:50:43.606 sitting down against you, and then you've got this case with this kid, 00:50:43.606 --> 00:50:47.919 which is pretty easy to prove that he did something, 00:50:47.919 --> 00:50:52.727 and he's already marked himself as a troublemaker with the FBI, 00:50:52.727 --> 00:50:56.461 so why not go as tough as you can against that guy? 00:50:56.461 --> 00:50:59.444 It's good for you the prosecutor. It's good for the Republic, 00:50:59.444 --> 00:51:02.232 'cause you're fighting all those terrorist types. 00:51:02.232 --> 00:51:03.846 I was so scared. 00:51:03.846 --> 00:51:05.923 I was so scared of having my computer seized. 00:51:05.923 --> 00:51:10.048 I was so scared of going to jail because of my computer being seized. 00:51:10.048 --> 00:51:15.293 I had confidential material from sources from my previous work on my laptop, 00:51:15.390 --> 00:51:20.517 and that is, above all, my priority--is to keep my sources safe. 00:51:20.527 --> 00:51:25.220 I was so scared of what was going to happen to Ada. 00:51:25.370 --> 00:51:28.054 Aaron told me that they'd offered him a deal, 00:51:28.054 --> 00:51:32.830 and he finally just said that he would take it if I told him to, 00:51:32.830 --> 00:51:36.986 and I say--I came real close to saying, "Take it." 00:51:37.603 --> 00:51:42.621 He had these--he had developed, like, serious political aspirations 00:51:42.621 --> 00:51:45.511 in the intervening time, between when, you know, 00:51:45.511 --> 00:51:51.218 that moment when he ended that entrepreneurial start-up life, 00:51:51.246 --> 00:51:56.448 and begun this new life that had come to this political activism, 00:51:56.967 --> 00:52:03.884 and he just didn't believe that he could continue in his life with a felony. 00:52:03.884 --> 00:52:07.386 You know, he said to me one day, we were walking by the White House, 00:52:07.386 --> 00:52:11.279 and he said to me, "They don't let felons work there." 00:52:17.661 --> 00:52:22.031 And you know he really--he really wanted that to be his life. 00:52:22.287 --> 00:52:25.560 He hadn't killed anybody. He hadn't hurt anybody. 00:52:25.564 --> 00:52:28.329 He hadn't, like, stolen money. 00:52:28.329 --> 00:52:32.573 He hadn't done anything that seemed felony-worthy, and... 00:52:34.643 --> 00:52:39.327 there is this idea that there is no reason that he should be labelled a felon, 00:52:39.327 --> 00:52:42.963 and taken away his right to vote in many states 00:52:42.963 --> 00:52:45.767 for doing what he did. That's just outrageous. 00:52:45.767 --> 00:52:49.900 It makes sense for him to be maybe fined a bunch of money, 00:52:49.900 --> 00:52:54.137 or asked not to come back to MIT again. 00:52:54.137 --> 00:52:57.744 But to be a felon? To face jail time? 00:53:00.546 --> 00:53:04.062 Swartz turned down the plea deal. 00:53:04.062 --> 00:53:06.868 Heymann redoubled his efforts. 00:53:06.868 --> 00:53:12.337 Heymann continued to press us at all levels. 00:53:12.340 --> 00:53:15.078 Even with the physical evidence seized from Aaron's 00:53:15.078 --> 00:53:18.290 Acer computer harddrive and USB drive, 00:53:18.290 --> 00:53:21.153 the prosecutors needed evidence of his motives. 00:53:21.153 --> 00:53:24.699 Why was Aaron Swartz downloading articles from JSTOR, 00:53:24.699 --> 00:53:28.380 and just what did he plan to do with them? 00:53:28.854 --> 00:53:32.279 The government claim was that he was planning to publish these. 00:53:32.279 --> 00:53:35.830 We don't really know whether that was his real intention 00:53:35.830 --> 00:53:42.728 because Aaron also had a history of doing projects where he'd analyze giant data sets of articles 00:53:42.728 --> 00:53:45.156 in order to learn interesting things about them. 00:53:45.156 --> 00:53:48.101 The best evidence for that was that when he was at Stanford, 00:53:48.103 --> 00:53:53.087 he also downloaded the whole Westlaw legal database. 00:53:53.117 --> 00:53:55.525 In a project with Stanford law students, 00:53:55.525 --> 00:53:58.316 Swartz had downloaded the Westlaw legal database. 00:53:58.316 --> 00:54:02.492 He uncovered troubling connections between funders of legal research 00:54:02.492 --> 00:54:04.444 and favorable results. 00:54:04.444 --> 00:54:07.317 He did this amazing analysis of for-profit companies 00:54:07.317 --> 00:54:10.868 giving money to law professors who wrote law review articles 00:54:10.868 --> 00:54:14.927 which were then beneficial to, like, Exxon during an oil spill. 00:54:14.927 --> 00:54:19.391 So it was a very corrupt system of funding, you know, vanity research. 00:54:19.441 --> 00:54:22.676 Swartz had never released the Westlaw documents. 00:54:22.676 --> 00:54:25.525 In theory, he could have been doing the same thing about the JSTOR database. 00:54:25.525 --> 00:54:27.286 That would have been completely okay. 00:54:27.286 --> 00:54:32.700 If he were, on the other hand, intending to create a competitive service to JSTOR, 00:54:32.700 --> 00:54:35.055 like, we're going to set up our own, you know, 00:54:35.055 --> 00:54:39.090 access to the Harvard Law Review and charge, you know, money for it, 00:54:39.090 --> 00:54:41.972 then, okay, now it seems like criminal violation 00:54:41.972 --> 00:54:45.044 because you are commercially trying to exploit this material, 00:54:45.044 --> 00:54:47.780 but it's kind of crazy to imagine that that was what he was doing. 00:54:47.780 --> 00:54:53.516 So, but then there's the middle case: well, what if he was just trying to liberate it for all of the developing world? 00:54:53.516 --> 00:54:56.855 But depending on what he was doing, it creates a very different character 00:54:56.855 --> 00:55:00.538 to how the law should be thinking about it. The government was prosecuting him 00:55:00.538 --> 00:55:03.630 as if this was like a commercial criminal violation, 00:55:03.630 --> 00:55:06.851 like stealing a whole bunch of credit card records, that it was that kind of crime. 00:55:06.851 --> 00:55:10.122 I don't know what he was going to do with that database, 00:55:10.122 --> 00:55:12.804 but I heard from a friend of his that Aaron had told him 00:55:12.804 --> 00:55:18.086 that he was going to analyze the data for evidence of corporate funding of climate change research 00:55:18.086 --> 00:55:24.212 that led to biased results, and I totally believe that. 00:55:24.972 --> 00:55:28.682 I was just told that Steve wanted to talk to me, 00:55:29.252 --> 00:55:32.982 and I thought maybe this was a way I could get out of this, 00:55:32.982 --> 00:55:35.088 just exit the situation, 00:55:35.088 --> 00:55:38.427 and I didn't want to live in fear of having my computer seized. 00:55:38.659 --> 00:55:42.759 I didn't want to live in fear of having to go to jail on a contempt of court charge 00:55:42.759 --> 00:55:46.416 if they tried to compel me to decrypt my computer. 00:55:46.416 --> 00:55:50.425 When they came to me and said, "Steve wants to talk to you," 00:55:50.425 --> 00:55:52.239 that seemed reasonable. 00:55:52.559 --> 00:55:57.306 They offered Norton what is know as a "Queen For A Day" letter or a proffer. 00:55:57.306 --> 00:56:00.561 It allowed prosecutors to ask questions about Aaron's case. 00:56:00.561 --> 00:56:03.587 Norton would be given immunity from prosecution herself, 00:56:03.587 --> 00:56:06.187 for any information she revealed during the meeting. 00:56:06.187 --> 00:56:09.333 I didn't like it. I told my lawyers repeatedly 00:56:09.333 --> 00:56:13.281 that I didn't...this seemed fishy, I didn't like this, I didn't want immunity, 00:56:13.281 --> 00:56:15.946 I didn't need immunity, I hadn't done anything, 00:56:15.946 --> 00:56:18.382 but they were really, really stringent that there was-- 00:56:18.382 --> 00:56:21.354 they did not want me meeting the prosecutor without immunity. 00:56:21.354 --> 00:56:24.452 [Interviewer] But just to be clear, this is a "Queen For A Day" deal, a proffer. 00:56:24.452 --> 00:56:25.495 Right, a proffer letter. 00:56:25.495 --> 00:56:30.162 -In which you basically handed information to them in exchange for protection from prosecution. 00:56:30.162 --> 00:56:35.244 -So, it wasn't handing information over. It was--at least that's not how I saw it-- 00:56:35.244 --> 00:56:37.689 it was just having a discussion, having an interview with them. 00:56:37.689 --> 00:56:40.010 -Well, they're asking you questions... -They're asking me questions. 00:56:40.010 --> 00:56:42.193 -and they can ask about whatever they want... -Right. 00:56:42.193 --> 00:56:44.727 - and whatever they learn... -I really... 00:56:44.727 --> 00:56:49.514 -They can't have you prosecuted. -Right, and I repeatedly tried to go in naked. 00:56:49.514 --> 00:56:53.468 I repeatedly--I repeatedly tried to turn down the proffer letter. 00:56:53.468 --> 00:56:56.414 I was ill. I was being pressured by my lawyers. 00:56:56.414 --> 00:57:00.902 I was confused. I was not doing well by this point. 00:57:00.902 --> 00:57:05.502 I was depressed, and I was scared, and I didn't understand the situation I was in. 00:57:05.502 --> 00:57:08.879 I had no idea why I was in this situation. 00:57:08.879 --> 00:57:13.442 I hadn't done anything interesting, much less wrong. 00:57:13.442 --> 00:57:14.949 We went out of our minds. 00:57:14.949 --> 00:57:18.711 Aaron was clearly very distraught about it. We were very distraught about it. 00:57:18.711 --> 00:57:20.884 Aaron's attorneys were very distraught about it. 00:57:20.884 --> 00:57:23.417 We tried to get Quinn to change attorneys. 00:57:23.727 --> 00:57:28.364 I was very unused to being in a room with large men, well-armed, 00:57:28.364 --> 00:57:33.234 that are continually telling me I'm lying, and that I must have done something. 00:57:33.664 --> 00:57:37.431 I told them that this thing that they were prosecuting 00:57:37.431 --> 00:57:40.520 wasn't a crime. 00:57:40.760 --> 00:57:42.924 I told them that they were on the wrong side of history. 00:57:42.924 --> 00:57:47.322 I used that phrase. I said, "You're on the wrong side of history." 00:57:48.302 --> 00:57:53.217 And they looked bored. They didn't even look angry. They just looked bored, 00:57:53.217 --> 00:57:57.210 and it began to occur to me that we weren't having the same conversation. 00:57:57.210 --> 00:58:01.970 I mean, I told them plenty of things about, you know, why people would download journal articles, 00:58:01.970 --> 00:58:06.383 and eventually--I don't remember what was around it-- 00:58:06.383 --> 00:58:11.118 I mentioned that he'd done this blog post, the "Guerilla Open Access Manifesto". 00:58:12.969 --> 00:58:16.366 This is the "Guerrilla Open Access Manifesto", 00:58:16.366 --> 00:58:20.263 supposedly written in July, 2008 in Italy. 00:58:20.263 --> 00:58:24.736 "Information is power. But like all power, there are those who want to keep it for themselves." 00:58:24.736 --> 00:58:29.689 "The world's entire scientific and cultural heritage, published over centuries in books and journals, 00:58:29.689 --> 00:58:34.317 is increasingly being digitized and locked up by a handful of private corporations." 00:58:34.317 --> 00:58:38.048 "Meanwhile, those who have been locked out are not standing idly by." 00:58:38.048 --> 00:58:40.237 "You have been sneaking through holes and climbing over fences, 00:58:40.237 --> 00:58:44.454 liberating the information locked up by the publishers and sharing them with your friends." 00:58:44.454 --> 00:58:47.528 "But all of this action goes on in the dark, hidden underground." 00:58:47.528 --> 00:58:50.863 "It's called stealing or piracy, as if sharing a wealth of knowledge were 00:58:50.863 --> 00:58:54.531 the moral equivalent of plundering a ship and murdering its crew." 00:58:54.531 --> 00:58:57.456 "But sharing isn't immoral — it's a moral imperative." 00:58:57.456 --> 00:59:02.048 "Only those blinded by greed would refuse to let a friend make a copy." 00:59:02.048 --> 00:59:04.267 "There's no justice in following unjust laws." 00:59:04.267 --> 00:59:08.229 "It's time to come into the light and, in a grand tradition of civil disobedience, 00:59:08.229 --> 00:59:11.820 declare our opposition to this private theft of public culture." 00:59:12.105 --> 00:59:18.502 The Manifesto itself was allegedly written by four different people, and also edited by Norton. 00:59:18.502 --> 00:59:21.474 But it was Swartz who had signed his name to it. 00:59:21.474 --> 00:59:28.684 When it's over, I go immediately to Aaron and tell him everything I can remember about it, 00:59:28.684 --> 00:59:30.611 and he gets very angry. 00:59:34.522 --> 00:59:37.669 The things that I'd done shouldn't have added up that way. 00:59:40.078 --> 00:59:45.576 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 --> 01:00:13.371 And they will hurt you with anything they can. 01:00:15.530 --> 01:00:19.297 And in that moment, I regret that I said what I did. 01:00:19.991 --> 01:00:23.705 But my much larger regret is that we have settled for this. 01:00:23.705 --> 01:00:26.087 That we are okay with this. 01:00:26.087 --> 01:00:27.662 That we are okay with the justice system, 01:00:27.662 --> 01:00:32.080 a system that tries to game people into little traps so they can ruin our lives. 01:00:33.080 --> 01:00:35.538 So yeah, I wish I hadn't said that. 01:00:35.538 --> 01:00:41.312 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 --> 01:00:52.617 They used every method that I think they could think of 01:00:52.617 --> 01:00:56.887 to get her to provide information which would be unhelpful to Aaron, 01:00:56.887 --> 01:01:00.414 and helpful to the prosecution of Aaron, 01:01:01.964 --> 01:01:07.240 but I don't think she had information that was helpful to the government. 01:01:08.029 --> 01:01:12.051 Months go by, as Swartz's friends and family await a looming indictment. 01:01:12.062 --> 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? 01:01:25.276 --> 01:01:30.446 Yes, definitely, I mean this notion that national security is an excuse to shut down the internet, 01:01:30.446 --> 01:01:34.017 that's exactly what we heard in Egypt and Syria and all these other countries, 01:01:34.017 --> 01:01:38.628 and so, yeah, it's true, sites like WikiLeaks are going to be putting up some embarrassing material 01:01:38.628 --> 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 --> 01:01:45.511 and try and change their government. You know, and that's a good thing, 01:01:45.511 --> 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 --> 01:01:57.960 A principle, I think, is one that our Founding Fathers would have understood. 01:01:57.960 --> 01:01:59.958 If the internet had been around back then, 01:01:59.958 --> 01:02:04.020 instead of putting "post offices" in the Constitution, they would have put "ISPs". 01:02:04.020 --> 01:02:05.575 [RT interviewer] Well, it's definitely interesting to see how far... 01:02:05.575 --> 01:02:10.566 Swartz meets activist Taren Stinebrickner-Kauffman, and the two begin to date. 01:02:10.656 --> 01:02:12.218 [Aaron] We need a massive global public outcry. 01:02:12.218 --> 01:02:15.190 [Taren] If there's no massive global public outcry, it won't create any change. 01:02:15.190 --> 01:02:18.961 -You know, four people in this city should cause a massive global public outcry. 01:02:18.961 --> 01:02:21.952 -You know, we need a petition signer. 01:02:22.120 --> 01:02:25.489 Without telling her specifics, he warned her he was involved in something 01:02:25.489 --> 01:02:27.688 he called simply "The Bad Thing". 01:02:27.688 --> 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 --> 01:02:41.720 So, sometime in probably late July, Aaron called me, 01:02:42.284 --> 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." 01:03:11.195 --> 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 --> 01:03:30.134 and a few other real hackers. And Aaron is just someone who kind of looks like a hacker, 01:03:30.134 --> 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 --> 01:03:38.242 Aaron went to surrender, and they arrested him. 01:03:39.468 --> 01:03:42.220 They then strip searched him, 01:03:42.638 --> 01:03:48.343 took away his shoelaces, took away his belt, and left him in solitary confinement. 01:03:50.115 --> 01:03:54.537 The District of Massachusetts United States Attorney's office released a statement 01:03:54.549 --> 01:03:57.882 saying, "Swartz faces up to 35 years in prison, 01:03:57.882 --> 01:04:00.790 to be followed by three years of supervised release, 01:04:00.790 --> 01:04:06.012 restitution, forfeiture and a fine of up to one million dollars." 01:04:06.276 --> 01:04:09.370 He is released on one hundred thousand dollars bail. 01:04:09.370 --> 01:04:12.288 The same day, the primary victim in the case, JSTOR, 01:04:12.288 --> 01:04:17.769 formally drops all charges against Swartz, and declines to pursue the case. 01:04:18.079 --> 01:04:21.575 JSTOR--they weren't our friends; they weren't helpful or friendly to us, 01:04:21.575 --> 01:04:25.385 but they also were just kind of like, "We're not part of this." 01:04:25.385 --> 01:04:30.800 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, 01:04:33.538 --> 01:04:37.696 "It was the government's decision whether to prosecute, not JSTOR's." 01:04:38.497 --> 01:04:42.739 And so it's our belief that, with that, the case will be over. 01:04:42.739 --> 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? 01:04:55.138 --> 01:04:58.375 Well, because I think they wanted to make an example out of Aaron, 01:04:58.375 --> 01:05:01.988 and they said they wanted--the reason, why they wouldn't 01:05:01.988 --> 01:05:05.349 move on requiring a felony conviction and jail time, 01:05:05.349 --> 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 --> 01:05:15.319 [Interviewer] They told you that? - Yes. 01:05:15.320 --> 01:05:17.257 -This was going to be an example? -Yes. 01:05:17.263 --> 01:05:19.810 -He was going to be made an example? - Yes. 01:05:20.025 --> 01:05:22.030 Steve Heymann said that. 01:05:22.030 --> 01:05:26.369 Deterring who? There's other people out there running around logging onto JSTOR, 01:05:26.369 --> 01:05:30.154 and downloading the articles to make a political statement? I mean, who are they deterring? 01:05:30.154 --> 01:05:34.611 It would be easier to understand the Obama administration's 01:05:34.611 --> 01:05:37.441 posture of supposedly being for deterrence 01:05:37.441 --> 01:05:41.146 if this was an administration that, for instance, 01:05:41.146 --> 01:05:43.525 prosecuted arguably the biggest economic crime 01:05:43.525 --> 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 --> 01:05:52.532 When you start deploying 01:05:52.532 --> 01:05:56.613 the non-controversial idea of deterrence 01:05:56.613 --> 01:05:58.454 only selectively 01:05:58.455 --> 01:06:02.139 you stop making a dispassionate analysis of law-breaking 01:06:02.139 --> 01:06:06.893 and you started deciding to deploy law enforcement resources 01:06:06.902 --> 01:06:10.390 specifically on the basis of political ideology, 01:06:10.390 --> 01:06:15.949 and that's not just undemocratic, it's supposed to be un-American. 01:06:19.319 --> 01:06:24.146 Prosecutor Stephen Heymann later reportedly told MIT's outside counsel 01:06:24.146 --> 01:06:26.587 that the straw that broke the camel's back 01:06:26.587 --> 01:06:31.467 was a press release sent out by an organization Swartz founded called "Demand Progress". 01:06:31.473 --> 01:06:35.590 According to the MIT account, Heymann reacted to the short statement of support, 01:06:35.590 --> 01:06:39.596 calling it a "wild internet campaign" and a "foolish move" 01:06:39.596 --> 01:06:44.036 that moved the case from a human one-on-one level to an institutional level. 01:06:44.036 --> 01:06:48.622 That was a poisonous combination: a prosecutor who didn't want to lose face, 01:06:48.622 --> 01:06:52.987 who had a political career in the offing, maybe, and didn't want to have this come back and haunt them. 01:06:52.987 --> 01:06:57.529 You spend how many tax dollars arresting someone for taking too many books out of the library, 01:06:57.529 --> 01:07:01.015 and then got your ass handed to you in court? No way! 01:07:01.015 --> 01:07:05.550 I then moved to try to put as much pressure on MIT in various ways to get them 01:07:05.550 --> 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? 01:07:14.634 --> 01:07:18.614 There doesn't seem to be any reaction from MIT at that point. 01:07:22.631 --> 01:07:25.613 MIT doesn't defend Aaron 01:07:25.613 --> 01:07:30.307 which, to people inside of the MIT community, seems outrageous, 01:07:30.307 --> 01:07:35.667 because MIT is a place that encourages hacking in the biggest sense of the word. 01:07:35.716 --> 01:07:40.728 At MIT, the idea of going and running around on roofs and tunnels that you weren't allowed to be in 01:07:40.728 --> 01:07:45.831 was not only a rite of passage, it was part of the MIT tour, 01:07:45.831 --> 01:07:50.313 and lockpicking was a winter course at MIT. 01:07:50.553 --> 01:07:55.753 They had the moral authority to stop it in its tracks. 01:07:56.233 --> 01:08:01.691 MIT never stood up and took a position of saying to the Feds, "Don't do this." 01:08:01.691 --> 01:08:06.197 "We don't want you to do this. You're overreacting. This is too strong." 01:08:06.197 --> 01:08:08.334 ...that I'm aware of. 01:08:08.334 --> 01:08:14.474 They acted kind of like any corporation would. They sort of--they helped the government, 01:08:14.486 --> 01:08:21.196 they didn't help us, unless they felt they had to, and they never tried to stop it. 01:08:22.345 --> 01:08:25.229 MIT declined repeated requests to comment, 01:08:25.229 --> 01:08:30.006 but they later released a report saying they attempted to maintain a position of neutrality, 01:08:30.006 --> 01:08:35.952 and believed Heymann and the U.S. Attorney's office did not care what MIT thought or said about the case. 01:08:35.952 --> 01:08:41.848 MIT's behaviour seemed really at odds with the MIT ethos. 01:08:41.848 --> 01:08:47.158 You could argue that MIT turned a blind eye, and that was okay for them to do, 01:08:47.158 --> 01:08:52.599 but taking that stance--taking that neutral stance, in and of itself--was taking a pro-prosecutor stance. 01:08:52.676 --> 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. 01:09:01.627 --> 01:09:04.671 If you look at Bill Gates and Paul Allen, 01:09:04.671 --> 01:09:08.430 they initially started their business by using computer time at Harvard, 01:09:08.430 --> 01:09:11.441 which was pretty clearly against the rules. 01:09:11.462 --> 01:09:13.332 The difference between Aaron and the people I just mentioned 01:09:13.332 --> 01:09:17.952 is that Aaron wanted to make the world a better place, he didn't just want to make money. 01:09:18.984 --> 01:09:23.151 Swartz continues to be outspoken on a variety of internet issues. 01:09:23.624 --> 01:09:28.850 You know, the reason the internet works is because of the competitive marketplace of ideas, 01:09:28.850 --> 01:09:32.978 and what we need to be focusing on is getting more information about our government, more accessibility, 01:09:32.978 --> 01:09:38.484 more discussion, more debate, but instead it seems like what Congress is focused on is shutting things down. 01:09:38.670 --> 01:09:44.319 Aaron thought he could change the world just by explaining the world very clearly to people. 01:09:44.368 --> 01:09:48.728 [RT interviewer] Flame can literally control your computer, and make it spy on you. 01:09:48.738 --> 01:09:52.238 Welcome, Aaron. Good to have you back on the show here. 01:09:52.238 --> 01:09:56.485 You know, just like spies used to in olden days, put microphones and tap what people were saying, 01:09:56.485 --> 01:09:58.957 now they're using computers to do the same things. 01:09:58.957 --> 01:10:01.726 [Narrator] Swartz's political activity continues, 01:10:01.726 --> 01:10:06.676 his attention turning to a bill moving through Congress designed to curb online piracy. 01:10:06.795 --> 01:10:08.709 It was called "SOPA". 01:10:08.944 --> 01:10:12.724 Activists like Peter Eckersley saw it as an enormous overreach, 01:10:12.724 --> 01:10:16.131 threatening the technical integrity of the Internet itself. 01:10:16.131 --> 01:10:18.419 [Ekersley] And one of the first things I did was to call Aaron. 01:10:18.419 --> 01:10:21.622 And I said, "Can we do a big online campaign against this?" 01:10:21.622 --> 01:10:24.466 "This isn't a bill about copyright." 01:10:24.786 --> 01:10:26.276 "It's not?" 01:10:26.418 --> 01:10:30.198 "No," he said, "it's a bill about the freedom to connect." 01:10:30.345 --> 01:10:32.463 Now I was listening. 01:10:32.463 --> 01:10:35.922 And he thought about it for a while, and then said, "Yes." 01:10:35.922 --> 01:10:38.088 And he went and founded Demand Progress. 01:10:38.088 --> 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. 01:10:47.262 --> 01:10:50.092 Aaron was one of the most prominent people in a community of people 01:10:50.092 --> 01:10:55.390 who helped lead organizing around social justice issues at the federal level in this country. 01:10:55.390 --> 01:11:01.193 SOPA was the bill that was intended to curtail online piracy of music and movies, 01:11:01.193 --> 01:11:06.993 but what it did was basically take a sledgehammer to a problem that needed a scalpel. 01:11:07.161 --> 01:11:13.124 If passed, the law would allow a company to cut off finances to entire websites without due process, 01:11:13.124 --> 01:11:16.334 or even to force Google to exclude their links. 01:11:16.334 --> 01:11:20.583 All they needed was a single claim of copyright infringement. 01:11:20.583 --> 01:11:26.780 It pitted the titans of traditional media against a new and now far more sophisticated remix culture. 01:11:26.780 --> 01:11:30.227 It makes everyone who runs a website into a policeman, 01:11:30.227 --> 01:11:33.609 and if they don't do their job of making sure that nobody on their site uses it for anything 01:11:33.609 --> 01:11:38.799 that's even potentially illegal, the entire site can get shut down without even so much as a trial. 01:11:38.848 --> 01:11:43.421 This was over the top, I mean, this was a catastrophe. 01:11:43.421 --> 01:11:51.632 This bill poses a serious threat to speech and civil liberties for all who use the internet. 01:11:51.632 --> 01:11:55.574 There were only a handful of us who said, "Look, we're not for piracy either, 01:11:55.574 --> 01:12:00.267 but it makes no sense to destroy the architecture of the internet, 01:12:00.267 --> 01:12:05.672 the domain name system and so much that makes it free and open in the name of fighting piracy, 01:12:05.672 --> 01:12:07.437 and Aaron got that right away. 01:12:07.437 --> 01:12:11.557 The freedoms, guaranteed in our Constitution, the freedoms our country had been built on 01:12:11.557 --> 01:12:13.739 would be suddenly deleted. 01:12:13.739 --> 01:12:18.611 New technology, instead of bringing us greater freedom, would have snuffed out fundamental rights 01:12:18.611 --> 01:12:21.282 we'd always taken for granted. 01:12:21.282 --> 01:12:27.260 And I realized that day, talking to Peter, that I couldn't let that happen. 01:12:28.483 --> 01:12:32.925 When SOPA was introduced in October, 2011, it was considered inevitable. 01:12:32.925 --> 01:12:37.417 Our strategy, when it first came out, was to hopefully slow the bill down, 01:12:37.417 --> 01:12:41.367 maybe weaken it a little bit but, even we 01:12:41.367 --> 01:12:44.828 didn't think that we would be able to stop this bill. 01:12:45.680 --> 01:12:51.460 Having worked in Washington, what you learn is that, typically in Washington, 01:12:51.460 --> 01:12:57.700 the legislative fights are fights between different sets of corporate monied interests. 01:12:57.700 --> 01:13:02.093 They're all duking it out to pass legislation, and the fights that are the closest 01:13:02.093 --> 01:13:07.073 are when you have one set of corporate interests against another set of corporate interests, 01:13:07.073 --> 01:13:10.747 and they're financially equally matched in terms of campaign contributions and lobbying. 01:13:10.747 --> 01:13:12.661 Those are the closest ones. 01:13:12.661 --> 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. 01:13:25.067 --> 01:13:30.369 I haven't seen anything like PIPA and SOPA in all my time in public service. 01:13:31.046 --> 01:13:37.150 There were more than forty United States senators on that bill as co-sponsors, 01:13:37.150 --> 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 --> 01:13:53.471 Swartz and Demand Progress were able to marshal enormous support using traditional outreach, 01:13:53.471 --> 01:13:59.267 combined with commonly used voiceover 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. 01:14:08.607 --> 01:14:12.669 Millions of people contacted Congress and signed anti-SOPA petitions. 01:14:12.948 --> 01:14:15.381 Congress was caught off guard. 01:14:15.381 --> 01:14:20.433 There was just something about watching those clueless members of Congress debate the bill, 01:14:20.433 --> 01:14:22.690 watching them insist they could regulate the internet, 01:14:22.690 --> 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. 01:14:26.391 --> 01:14:27.928 I'm just not enough of a nerd... 01:14:27.928 --> 01:14:31.120 Maybe we oughta ask some nerds what this thing really does. [laughter] 01:14:31.120 --> 01:14:33.353 Let's have a hearing, bring in the nerds... 01:14:33.353 --> 01:14:35.830 [laughter] 01:14:35.830 --> 01:14:37.549 Really? 01:14:37.549 --> 01:14:40.087 [laughter] 01:14:40.087 --> 01:14:41.375 "Nerds"? 01:14:41.375 --> 01:14:42.101 [laughter] 01:14:42.101 --> 01:14:45.658 You know, I think, actually the word you're looking for is "experts"... 01:14:45.658 --> 01:14:47.095 [laughter] 01:14:47.095 --> 01:14:51.605 to enlighten you so your laws don't backfire [audience laughter and applause] 01:14:51.605 --> 01:14:53.094 and break the internet. 01:14:53.094 --> 01:14:56.639 We use the term "geek" but we're allowed to use that because we are geeks. 01:14:56.639 --> 01:15:01.575 The fact that it got as far as it did, without them talking to any technical experts, 01:15:01.575 --> 01:15:04.808 reflects the fact that there is a problem in this town. 01:15:04.808 --> 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." 01:15:12.269 --> 01:15:15.411 There used to be an office that provided science and technology advice, 01:15:15.411 --> 01:15:19.208 and members could go to them and say, "Help me understand X,Y,Z." 01:15:19.208 --> 01:15:22.295 And Gingrich killed it. He said it was a waste of money. 01:15:22.295 --> 01:15:26.188 Ever since then, Congress has plunged into the Dark Ages. 01:15:26.219 --> 01:15:29.744 I don't think anybody really thought that SOPA could be beaten, including Aaron. 01:15:30.274 --> 01:15:34.533 It was worth trying, but it didn't seem winnable, 01:15:34.533 --> 01:15:38.583 and I remember, maybe a few months later, I remember him just turning to me and being like, 01:15:38.583 --> 01:15:40.670 "I think we might win this." 01:15:40.670 --> 01:15:42.719 And I was like, "That would be amazing." 01:15:44.249 --> 01:15:46.434 Calls to Congress continue. 01:15:46.434 --> 01:15:50.137 When the domain hosting site Go Daddy becomes a supporter of the bill, 01:15:50.137 --> 01:15:55.212 tens of thousands of users transferred their domain names in protest. 01:15:55.212 --> 01:16:00.146 Within a week, a humbled Go Daddy reverses their position on SOPA. 01:16:00.146 --> 01:16:06.303 When the Congress people that supported the record and movie industries, 01:16:06.303 --> 01:16:10.389 realized that there was this backlash, they kind of scaled the bill back a little bit. 01:16:10.389 --> 01:16:15.881 You could see the curve happening. You could see that our arguments were starting to resonate. 01:16:15.881 --> 01:16:18.904 It was like Aaron had been striking a match and it was being blown out, 01:16:18.904 --> 01:16:20.715 striking another one, and it was being blown out, 01:16:20.715 --> 01:16:24.082 and finally he'd managed to catch enough kindling that the flame actually caught, 01:16:24.082 --> 01:16:26.500 and then it turned into this roaring blaze. 01:16:26.910 --> 01:16:31.373 On January 16, 2012, the White House issued a statement 01:16:31.373 --> 01:16:34.258 saying they didn't support the bill. 01:16:34.258 --> 01:16:36.202 And then this happened: 01:16:36.202 --> 01:16:40.202 I'm a big believer that we should be dealing with issues of piracy, 01:16:40.202 --> 01:16:44.744 and we should deal with them in a serious way, but this bill is not the right bill. 01:16:44.744 --> 01:16:48.857 When Jimmy Wales put his support toward blacking out Wikipedia, 01:16:48.857 --> 01:16:52.369 the number five most popular website in the world, 01:16:52.369 --> 01:16:58.530 this is a website that's seven percent of all of the clicks on anywhere on the internet. 01:16:58.530 --> 01:17:00.129 Wikipedia went black. 01:17:00.129 --> 01:17:01.511 Reddit went black. 01:17:01.511 --> 01:17:03.300 Craigslist went black. 01:17:03.300 --> 01:17:06.109 The phone lines on Capitol Hill flat out melted. 01:17:06.109 --> 01:17:10.835 Members of Congress started rushing to issue statements retracting their support for the bill 01:17:10.835 --> 01:17:13.147 that they were promoting just a couple days ago. 01:17:13.546 --> 01:17:17.838 Within 24 hours, the number of opponents of SOPA in Congress 01:17:17.853 --> 01:17:19.167 went from this... 01:17:19.167 --> 01:17:20.701 to this. 01:17:22.706 --> 01:17:29.815 To see congressmen and senators slowly flip sides throughout the day of the blackout 01:17:29.821 --> 01:17:31.385 was pretty unbelievable. 01:17:31.385 --> 01:17:34.568 There was like a hundred representative swing. 01:17:34.568 --> 01:17:38.734 And that was when, as hard as it was for me to believe, after all this, 01:17:38.734 --> 01:17:40.756 we had won. 01:17:40.759 --> 01:17:42.469 The thing that everyone said was impossible, 01:17:42.469 --> 01:17:46.409 that some of the biggest companies in the world had written off as kind of a pipe dream, 01:17:46.409 --> 01:17:48.207 had happened. 01:17:48.552 --> 01:17:50.467 We did it. 01:17:50.803 --> 01:17:52.689 We won. 01:17:55.405 --> 01:17:58.571 This is a historic week in internet politics--maybe American politics. 01:17:58.571 --> 01:18:03.838 The thing that we heard from people in Washington, D.C., from the staffers on Capitol Hill was: 01:18:03.838 --> 01:18:08.538 they received more emails and more phone calls on SOPA Blackout Day 01:18:08.538 --> 01:18:10.747 than they'd ever received about anything. 01:18:10.747 --> 01:18:12.817 I think that was an extremely exciting moment. 01:18:12.817 --> 01:18:17.640 This was the moment when the internet had grown up, politically. 01:18:17.644 --> 01:18:21.198 It was exhilarating because it's hard to believe it actually happened. 01:18:21.198 --> 01:18:25.365 It's hard to believe a bill with so much financial power behind it 01:18:25.389 --> 01:18:29.151 didn't simply sail through the Congress. 01:18:29.151 --> 01:18:32.167 And not only did not sail through, it didn't pass at all. 01:18:33.783 --> 01:18:36.479 It's easy sometimes to feel like you're powereless, 01:18:36.479 --> 01:18:40.524 like when you come out on the streets and you march and you yell and nobody hears you. 01:18:40.529 --> 01:18:43.018 But I'm here to tell you today, you are powerful. 01:18:43.018 --> 01:18:45.725 [Crowd cheers] 01:18:45.725 --> 01:18:50.546 So, yeah, maybe sometimes you feel like you're not being listened to, but I'm here to tell you that you are. 01:18:50.546 --> 01:18:53.118 You are being listened to. You are making a difference. 01:18:53.118 --> 01:18:56.932 You can stop this bill if you don't stop fighting. 01:18:56.932 --> 01:18:59.579 [Crowd cheers] 01:18:59.579 --> 01:19:00.620 Stop PIPA. 01:19:00.620 --> 01:19:02.586 Stop SOPA. 01:19:02.586 --> 01:19:03.882 [Crowd cheers] 01:19:03.882 --> 01:19:07.368 Some of the biggest internet companies, to put it frankly, would benefit 01:19:07.368 --> 01:19:11.219 from a world in which their little competitors could get censored. 01:19:12.429 --> 01:19:14.642 We can't let that happen. 01:19:14.642 --> 01:19:19.552 For him, it was more important to be sure that you made a small change 01:19:19.552 --> 01:19:23.178 than to play a small part in a big change. 01:19:23.178 --> 01:19:27.797 But SOPA was like playing a major part in a major change, 01:19:27.797 --> 01:19:30.753 and so for him, it was kind of this proof of concept 01:19:30.753 --> 01:19:34.796 like, "Okay, what I want to do with my life is change the world." 01:19:34.796 --> 01:19:39.821 "I think about it in this really scientific way of measuring my impact, 01:19:39.821 --> 01:19:42.731 and this shows that it's possible." 01:19:42.731 --> 01:19:45.578 "The thing that I want to do with my life is possible." 01:19:45.578 --> 01:19:48.653 "I have proved that I can do it, 01:19:48.653 --> 01:19:50.730 that I, Aaron Swartz, can change the world." 01:19:50.730 --> 01:19:57.516 For a guy who never really thought he had done much--which was Aaron-- 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, 01:20:06.854 --> 01:20:11.836 feeling like here is his maybe one and only victory lap. 01:20:13.538 --> 01:20:15.904 Everyone said there was no way we could stop SOPA. 01:20:15.904 --> 01:20:17.337 We stopped it. 01:20:17.337 --> 01:20:22.077 This is three outrageously good victories, and the year isn't even over yet. 01:20:22.077 --> 01:20:26.257 I mean, if there's a time to be positive, it's now. 01:20:26.687 --> 01:20:29.799 You know, he wins at SOPA a year after he's arrested. 01:20:29.799 --> 01:20:33.363 It's not unambiguously happy moments. There's a lot going on. 01:20:33.363 --> 01:20:39.766 He's so attuned towards participating in the political process, you can't stop him. 01:20:39.766 --> 01:20:44.301 The list of organizations Swartz founded or co-founded is enormous, 01:20:44.301 --> 01:20:47.862 and years before Edward Snowden would expose widespread internet surveillance, 01:20:47.862 --> 01:20:50.780 Swartz was already concerned. 01:20:50.780 --> 01:20:54.584 It is shocking to think that the accountability is so lax 01:20:54.584 --> 01:20:59.587 that they don't even have sort of basic statistics about how big the spying program is. 01:20:59.587 --> 01:21:04.013 And if the answer is: "Oh, we're spying on so many people we can't possibly even count them" 01:21:04.013 --> 01:21:06.101 then that's an awful lot of people. 01:21:06.101 --> 01:21:09.743 It'd be one thing if they said, "Look, we know the number of telephones we're spying on, 01:21:09.743 --> 01:21:12.430 we don't know exactly how many real people that corresponds to." 01:21:12.430 --> 01:21:15.759 but they just came back and said, "We can't give you a number at all." 01:21:15.759 --> 01:21:18.644 That's pretty--I mean, that's scary, is what it is. 01:21:18.731 --> 01:21:25.733 And they put incredible pressure on him, took away all of the money he had made. 01:21:25.733 --> 01:21:29.578 They, you know, threatened to take away his physical freedom. 01:21:29.578 --> 01:21:34.228 Why'd they do it, you know? I mean, well, why are they going after whistleblowers? 01:21:34.228 --> 01:21:38.034 You know, why are they going after people who tell the truth 01:21:38.034 --> 01:21:46.122 about all sorts of things, I mean, from the banks, you know, to war, to just sort of government transparency. 01:21:46.354 --> 01:21:49.626 So secrecy serves those who are already in power, 01:21:49.626 --> 01:21:54.888 and we are living in an era of secrecy that coincides with an era where the government is doing, also, 01:21:54.888 --> 01:21:58.600 a lot of things that are probably illegal and unconstitutional. 01:21:58.600 --> 01:22:01.074 So, those two things are not coincidences. 01:22:01.124 --> 01:22:04.478 It's very clear that this technology has been developed 01:22:04.478 --> 01:22:09.621 not for small countries overseas, but right here, for use in the United States, by the U.S. government. 01:22:09.621 --> 01:22:14.384 The problem with the spying program is it's this sort of long, slow expansion, you know, 01:22:14.384 --> 01:22:16.539 going back to the Nixon administration, right, 01:22:16.539 --> 01:22:19.686 obviously it became big after 9/11 under George W. Bush, 01:22:19.686 --> 01:22:23.616 and Obama has continued to expand it, and the problems have slowly grown worse and worse, 01:22:23.618 --> 01:22:26.281 but there's never been this moment you can point to and say, 01:22:26.281 --> 01:22:31.941 "Okay, we need to galvanize opposition today because today is when it matters..." 01:22:32.455 --> 01:22:38.653 The prosecution, in my estimation of Aaron Swartz, was about sending a particular, laserlike message 01:22:38.653 --> 01:22:45.413 to a group of people that the Obama administration sees as politically threatening, 01:22:47.341 --> 01:22:53.867 and that is, essentially, the hacker, the information, and the democracy activist community, 01:22:53.867 --> 01:22:59.465 and the message that the Obama administration wanted to send to that particular community was, 01:22:59.465 --> 01:23:04.415 in my estimation, "We know you have the ability to make trouble for the establishment, 01:23:04.415 --> 01:23:08.517 and so we are going to try to make an example out of Aaron Swartz 01:23:08.517 --> 01:23:13.418 to scare as many of you as possible into not making that trouble." 01:23:13.583 --> 01:23:17.260 And the government said, "Oh, the legal opinions we're using 01:23:17.260 --> 01:23:20.376 to legalize the spying program are also classified, 01:23:20.376 --> 01:23:23.641 so we can't even tell you which laws we're using to spy on you." 01:23:23.641 --> 01:23:26.461 You know, every time they can say, "Oh, this is another instance of cyberwar. 01:23:26.465 --> 01:23:29.900 The cybercriminals are attacking us again. We're all in danger. We're all under threat." 01:23:29.900 --> 01:23:33.737 They use those as excuses to push through more and more dangerous laws. 01:23:35.203 --> 01:23:40.388 [Interviewer] And so just to follow--personally, how do you feel the fight is going? 01:23:40.947 --> 01:23:41.984 It's up to you! 01:23:41.984 --> 01:23:44.554 -I know. It's just that we gotta, you know... 01:23:47.360 --> 01:23:52.616 You know, there's sort of these two polarizing perspectives, right, 01:23:52.616 --> 01:23:57.122 everything is great, the internet has created all this freedom and liberty, and everything's going to be fantastic 01:23:57.122 --> 01:23:58.513 or everything is terrible, 01:23:58.513 --> 01:24:01.472 the internet has created all these tools for cracking down and spying, 01:24:01.472 --> 01:24:03.681 and controlling what we say. 01:24:03.681 --> 01:24:05.818 And the thing is, both are true, right? 01:24:05.818 --> 01:24:09.796 The internet has done both, and both are kind of amazing and astonishing 01:24:09.796 --> 01:24:12.603 and which one will win out in the long run is up to us. 01:24:12.603 --> 01:24:17.314 It doesn't make sense to say, "Oh, one is doing better than the other." You know, they're both true. 01:24:17.321 --> 01:24:21.153 And it's up to us which ones we emphasize and which ones we take advantage of 01:24:21.153 --> 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. 01:24:40.465 --> 01:24:45.592 Now, instead of four felony counts, Swartz was facing thirteen. 01:24:45.592 --> 01:24:48.563 The prosecution's leverage had dramatically increased, 01:24:48.563 --> 01:24:52.134 as did Swartz's potential jail time and fines. 01:24:52.134 --> 01:24:55.694 They filed a separate indictment to add more charges, 01:24:55.694 --> 01:25:01.876 and they had a theory about why this conduct constituted a number of federal crimes, 01:25:01.876 --> 01:25:06.010 and that a very significant sentence could attach to it under the law. 01:25:06.861 --> 01:25:10.656 That theory, and much of the prosecution's case against Swartz 01:25:10.656 --> 01:25:13.952 involved a law created originally in 1986. 01:25:13.952 --> 01:25:16.663 It is called the "Computer Fraud and Abuse Act". 01:25:16.666 --> 01:25:17.960 The Computer Fraud and Abuse Act 01:25:17.960 --> 01:25:21.888 was inspired by the movie "War Games" with Matthew Broderick--great movie. 01:25:21.888 --> 01:25:23.354 [Broderick] I have you now. 01:25:23.354 --> 01:25:27.743 In this movie, a kid gets the ability, through the magic of computer networks 01:25:27.743 --> 01:25:30.131 to launch a nuclear attack. 01:25:30.131 --> 01:25:33.501 [missiles firing up] 01:25:33.501 --> 01:25:37.674 You know, that's not actually possible, and it certainly wasn't possible in the '80s 01:25:37.674 --> 01:25:41.375 but apparently this movie scared Congress enough to 01:25:41.375 --> 01:25:44.592 pass the original Computer Fraud and Abuse Act. 01:25:44.592 --> 01:25:48.871 This is a law that's just behind the times, for example, it penalizes 01:25:48.871 --> 01:25:54.105 a terms of service kind of arrangement. You can have something like 01:25:54.105 --> 01:26:01.431 eHarmony or Match.com, and somebody sort of inflates their own personal characteristics, 01:26:01.431 --> 01:26:05.705 and all of a sudden, depending on the jurisdiction and the prosecutors, 01:26:05.705 --> 01:26:07.958 they could be in a whole host of troubles. 01:26:07.962 --> 01:26:10.144 We all know what "Terms of Use" are. 01:26:10.144 --> 01:26:14.188 Most people don't read them, but not abiding by their terms could mean 01:26:14.188 --> 01:26:15.857 you are committing a felony. 01:26:15.857 --> 01:26:18.542 The website Terms of Service often say things like: 01:26:18.542 --> 01:26:22.439 "Be nice to each other", or "Don't do anything that's improper." 01:26:22.439 --> 01:26:27.188 The idea that the Criminal Law has anything to say about these kinds of violations, 01:26:27.188 --> 01:26:29.538 I think strikes most people as crazy. 01:26:29.998 --> 01:26:32.964 The examples get even more "crazy": 01:26:32.964 --> 01:26:39.484 Until it was changed in March of 2013, the Terms of Use on the website of Hearst's Seventeen magazine 01:26:39.484 --> 01:26:42.777 said you had to be eighteen in order to read it. 01:26:42.777 --> 01:26:46.674 I would say that the way the CFAA has been interpreted by the Justice Department, 01:26:46.674 --> 01:26:48.999 we are probably all breaking the law. 01:26:49.199 --> 01:26:54.540 Vague and prone to misuse, the CFAA has become a one-size-fits-all hammer 01:26:54.540 --> 01:26:57.141 for a wide range of computer-related disputes. 01:26:57.141 --> 01:27:00.156 Though not the only factor in his case, 01:27:00.156 --> 01:27:04.935 eleven of the thirteen charges against Swartz involved the Computer Fraud and Abuse Act. 01:27:07.248 --> 01:27:11.815 The question "Why?" hangs over much of the story of Aaron Swartz. 01:27:11.815 --> 01:27:16.155 Just what was motivating the government, and what would their case have been? 01:27:16.155 --> 01:27:19.370 The Department of Justice declined requests for answers, 01:27:19.370 --> 01:27:23.694 but Professor Orin Kerr is a former prosecutor who has studied the case. 01:27:23.694 --> 01:27:28.059 So, I think I come about this case from a different direction than other people on a number of reasons: 01:27:28.059 --> 01:27:31.201 I was a federal prosecutor at the Justice Department for three years 01:27:31.201 --> 01:27:34.191 before I started teaching. The government came forward 01:27:34.191 --> 01:27:38.321 with an indictment based on what crimes they thought were committed, 01:27:38.321 --> 01:27:42.055 just as a purely lawyer's matter, looking at the precedents, looking at the statute, 01:27:42.055 --> 01:27:45.804 looking at the history, looking at the cases that are out there so far, 01:27:45.804 --> 01:27:48.936 I think it was a fair indictment based on that. 01:27:48.936 --> 01:27:51.396 You can debate whether they should have charged this case. 01:27:51.396 --> 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 --> 01:28:10.079 and I think they saw him as somebody who was committed, as a moral imperative, 01:28:10.079 --> 01:28:15.202 to breaking the law, to overcome a law that Swartz saw as unjust, 01:28:15.202 --> 01:28:20.940 and in a democracy, if you think a law is unjust, there are ways of changing that law. 01:28:20.940 --> 01:28:24.675 There's going to Congress as Swartz did so masterfully with SOPA, 01:28:24.675 --> 01:28:28.441 or you can violate that law in a way to try to nullify that law, 01:28:28.444 --> 01:28:34.178 and I think what was driving the prosecution was the sense that Swartz was committed, 01:28:34.195 --> 01:28:39.831 not just to breaking the law, but to really making sure that law was nullified. 01:28:39.831 --> 01:28:43.664 That everyone would have access to the database in a way that 01:28:43.664 --> 01:28:47.328 you couldn't put the toothpaste back into the tube. 01:28:47.328 --> 01:28:51.199 It would be done, and Swartz's side would win. 01:28:52.475 --> 01:28:56.080 There's a big disagreement in society as to whether that is an unjust law, 01:28:56.080 --> 01:29:00.141 and ultimately, that is a decision for the American people to make, working through Congress. 01:29:00.141 --> 01:29:03.712 And then the second problem is, I think, we're still trying to figure out: 01:29:03.712 --> 01:29:07.867 What's the line between less serious offences and more serious offences? 01:29:07.867 --> 01:29:12.056 We're now entering this different environment of computers and computer misuse, 01:29:12.056 --> 01:29:16.754 and we don't yet have a really strong sense of exactly what these lines are 01:29:16.754 --> 01:29:19.337 because we're just working that out. 01:29:19.360 --> 01:29:22.209 This is a poor use of prosecutorial discretion. 01:29:22.209 --> 01:29:25.878 The hammer that the Justice Department has to scare people with 01:29:25.878 --> 01:29:28.514 just gets bigger and bigger and bigger, 01:29:28.514 --> 01:29:32.960 and so most people just--you know, you can't roll the dice with your life like that. 01:29:32.960 --> 01:29:35.431 Should we tap somebody's phone? Should we film them? 01:29:35.431 --> 01:29:39.389 Should we turn somebody and get them to testify against these other people? 01:29:39.389 --> 01:29:42.358 That's how federal agents and prosecutors think. 01:29:42.358 --> 01:29:45.204 They build cases. They make cases. 01:29:46.918 --> 01:29:51.316 Swartz was caught in the gears of a brutal criminal justice system that could not turn back, 01:29:51.626 --> 01:29:57.121 a machine that has made America the country with the highest rate of incarceration in the world. 01:29:57.121 --> 01:30:02.732 We have, in this country, allowed ourselves to be captured by the politics of fear and anger, 01:30:02.732 --> 01:30:08.436 and anything we're afraid of, like the future of the internet and access, 01:30:08.443 --> 01:30:13.703 and anything we're angry about, instinctively creates a criminal justice intervention, 01:30:13.703 --> 01:30:19.504 and we've used jail, prison, and punishment to resolve a whole host of problems 01:30:19.504 --> 01:30:23.173 that, historically, were never seen as criminal justice problems. 01:30:23.173 --> 01:30:28.422 The impulse to threaten, indict, prosecute, which is part of what 01:30:28.422 --> 01:30:33.023 has created this debate and controversy over online access to information on the internet, 01:30:33.023 --> 01:30:35.458 is very consistent with what we've seen in other areas. 01:30:35.458 --> 01:30:39.980 The one difference is that the people who are usually targeted and victimized 01:30:39.980 --> 01:30:45.661 by these kinds of criminal and carceral responses are typically poor and minority. 01:30:47.597 --> 01:30:50.900 Swartz's isolation from friends and family increased. 01:30:50.900 --> 01:30:53.543 He had basically stopped working on anything else, 01:30:53.548 --> 01:30:57.006 and the case was, in fact, taking over sort of his whole life. 01:30:57.006 --> 01:31:02.697 One of Aaron's lawyers apparently told the prosecutors that he was emotionally vulnerable, 01:31:02.697 --> 01:31:06.893 and that that was something they really needed to keep in mind so that they knew that. 01:31:06.893 --> 01:31:09.270 It was weighing on him very heavily. 01:31:10.060 --> 01:31:15.584 He did not like having his actions and his movements restricted in any way, 01:31:15.584 --> 01:31:20.902 and the threat of jail, which they pounded him with a lot, 01:31:21.919 --> 01:31:23.591 was terrifying to him. 01:31:23.591 --> 01:31:27.180 Completely exhausted his financial resources, 01:31:27.180 --> 01:31:32.318 and it cost us a lot of money also, and he raised a substantial amount of money, 01:31:32.318 --> 01:31:36.181 so it was, you know, it was in the millions of dollars. 01:31:36.205 --> 01:31:38.341 [Interviewer] The legal defence? - Yes. 01:31:38.341 --> 01:31:40.855 -Was in millions? - Yes. 01:31:41.299 --> 01:31:43.942 I think he didn't want to be a burden to people. 01:31:43.942 --> 01:31:47.516 I think that was a factor like, "I have my normal life, 01:31:47.516 --> 01:31:49.492 and then I have this shitty thing I have to deal with, 01:31:49.492 --> 01:31:53.249 and I try to keep the two of them as separate as possible, 01:31:53.249 --> 01:31:57.484 but they were just beginning to blur together and everything was becoming shitty." 01:31:59.223 --> 01:32:02.630 Swartz faced a tough choice that was only getting tougher: 01:32:02.630 --> 01:32:04.756 Do you admit guilt and move on with your life, 01:32:04.756 --> 01:32:07.458 or do you fight a broken system? 01:32:07.462 --> 01:32:09.651 With his legal case, the answer was simple: 01:32:09.651 --> 01:32:13.030 He rejects a final plea deal and a trial date is set. 01:32:13.030 --> 01:32:16.981 Aaron was resolute that he didn't want to knuckle under and accept something 01:32:16.981 --> 01:32:21.639 that he didn't believe was fair, but I also think he was scared. 01:32:32.895 --> 01:32:34.383 I don't think they would have convicted Aaron. 01:32:34.383 --> 01:32:38.537 I think we would have walked him out of that courthouse, and I would have given him a big hug, 01:32:38.537 --> 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 --> 01:32:49.734 I really thought that we were right. I thought that we were going to win the case. 01:32:49.734 --> 01:32:51.495 I thought that we could win the case. 01:32:51.495 --> 01:32:54.161 He didn't talk about it very much, but you could see 01:32:54.161 --> 01:32:56.505 the enormous pain that he was going through. 01:32:56.505 --> 01:33:01.420 [song] 01:33:01.420 --> 01:33:05.130 No time in his childhood did Aaron have any severe mood swings 01:33:05.130 --> 01:33:10.834 or depressive episodes or anything that I would describe as "severe depression" 01:33:10.834 --> 01:33:13.885 and it's possible, you know, he was depressed. People get depressed. 01:33:13.885 --> 01:33:18.642 [music] 01:33:18.642 --> 01:33:23.808 Very early in our relationship, three or four weeks in or something, 01:33:23.808 --> 01:33:25.870 I remember him saying to me 01:33:27.380 --> 01:33:30.647 that I was a lot stronger than he was. 01:33:30.647 --> 01:33:33.480 You know, he was brittle in a lot of ways. 01:33:33.480 --> 01:33:36.870 Things were a lot harder for him than for a lot of people. 01:33:36.870 --> 01:33:39.730 That was part of his brilliance, too. 01:33:40.966 --> 01:33:47.329 I think he probably had something like clinical depression in his early twenties. 01:33:47.329 --> 01:33:49.261 I don't think he did when I was with him. 01:33:49.261 --> 01:33:55.245 He wasn't a "joyful" person, but that's different from being depressed. 01:33:56.503 --> 01:34:01.242 He was just under such enormous pressure for two years straight. 01:34:01.242 --> 01:34:03.955 He just didn't want to do it anymore. 01:34:03.955 --> 01:34:07.364 He was just--I just think it was too much. 01:34:07.364 --> 01:34:14.401 [song] 01:34:14.401 --> 01:34:17.420 I got a phone call late at night. 01:34:17.420 --> 01:34:23.091 I could tell something was wrong, and then I called, and I realized what had happened. 01:34:24.001 --> 01:34:29.057 A co-founder of the social news and entertainment website "Reddit" has been found dead. 01:34:29.057 --> 01:34:31.518 Police say twenty-six-year-old Aaron Swartz 01:34:31.518 --> 01:34:33.995 killed himself yesterday in his Brooklyn apartment. 01:34:37.259 --> 01:34:46.513 I just thought, we've lost one of the most creative minds of our generation. 01:34:46.513 --> 01:34:49.856 I was like, the whole world fell apart at that moment. 01:34:56.872 --> 01:34:59.688 It was one of the hardest nights of my life. 01:35:00.008 --> 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. 01:35:19.738 --> 01:35:22.543 Yeah, none of it made any sense, 01:35:22.543 --> 01:35:24.540 and really still doesn't. 01:35:25.010 --> 01:35:27.881 I was so frustrated, angry. 01:35:33.082 --> 01:35:36.478 [exhales] 01:35:38.217 --> 01:35:41.576 You know, I tried to explain it to my kids. 01:35:43.315 --> 01:35:47.198 My three-year-old told me that the doctors would fix him. 01:35:52.226 --> 01:35:56.824 I've known lots of people that have died, but I've never lost anybody like this, 01:35:56.824 --> 01:36:04.471 because everybody feels, and I do too, there is so much we could have--more to do like... 01:36:04.932 --> 01:36:11.306 I just didn't know he was there. I didn't know this was what he was suffering and... 01:36:11.316 --> 01:36:12.675 He was part of me. 01:36:16.585 --> 01:36:20.955 And I just wanted it to not be real, and then... 01:36:24.305 --> 01:36:29.137 and then I just looked at his Wikipedia page and I saw the end date: 01:36:33.114 --> 01:36:35.841 "to 2013". 01:36:44.918 --> 01:37:10.096 [quote on screen] 01:37:14.986 --> 01:37:19.458 My first thought was: what if nobody even notices? 01:37:19.458 --> 01:37:23.980 You know, because it wasn't clear to me how salient he was. 01:37:23.980 --> 01:37:30.036 I had never seen anything quite like the outpouring I saw. 01:37:30.036 --> 01:37:31.937 The Net just lit up. 01:37:31.937 --> 01:37:37.566 Everyone was trying to explain it in their own way, but I've never seen 01:37:37.566 --> 01:37:39.882 people grieve on Twitter before. 01:37:39.882 --> 01:37:42.218 People were visibly grieving online. 01:37:45.738 --> 01:37:49.307 He was the internet's own boy, 01:37:49.307 --> 01:37:52.886 and the old world killed him. 01:37:55.164 --> 01:37:59.704 We are standing in the middle of a time when great injustice is not touched. 01:38:01.734 --> 01:38:06.124 Architects of the financial meltdown have dinner with the president, regularly. 01:38:06.124 --> 01:38:14.149 In the middle of that time, the idea that this is what the government had to prosecute, 01:38:14.149 --> 01:38:17.433 It just seems absurd, if it weren't tragic. 01:38:17.433 --> 01:38:22.978 The question is: Can we do something, given what's happened, 01:38:22.978 --> 01:38:26.197 to make the world a better place, 01:38:26.197 --> 01:38:28.054 and how can we further that legacy? 01:38:28.054 --> 01:38:30.075 That's the only question one could ask. 01:38:32.981 --> 01:38:37.324 All over the world there are starting to be hack-a-thons, gatherings, 01:38:37.324 --> 01:38:43.454 Aaron Swartz has, in some sense, brought the best out of us, in trying to say: 01:38:43.454 --> 01:38:45.712 How do we fix this? 01:38:47.102 --> 01:38:52.287 He was, in my humble opinion, one of the true extraordinary revolutionaries 01:38:52.287 --> 01:38:55.365 that this country has produced. 01:38:55.365 --> 01:38:58.529 I don't know whether Aaron was defeated or victorious, 01:38:58.529 --> 01:39:05.850 but we are certainly shaped by the hand of the things that he wrestled with. 01:39:06.040 --> 01:39:12.294 When we turn armed agents of the law on citizens trying to increase access to knowledge, 01:39:12.294 --> 01:39:17.044 we've broken the rule of law--we've desecrated the temple of justice. 01:39:17.044 --> 01:39:20.056 Aaron Swartz was not a criminal. 01:39:20.056 --> 01:39:21.835 [applause] 01:39:21.835 --> 01:39:25.916 Change does not roll in on the wheels of inevitability, 01:39:25.916 --> 01:39:30.046 it comes through continuous struggle. 01:39:30.046 --> 01:39:32.668 Aaron really could do magic, 01:39:32.668 --> 01:39:36.310 and I'm dedicated to making sure that his magic doesn't end with his death. 01:39:36.310 --> 01:39:40.772 He believed that he could change the world, and he was right. 01:39:40.772 --> 01:39:44.508 Out of the last week, and out of today, phoenixes are already rising. 01:39:44.508 --> 01:39:45.215 [applause] 01:39:47.045 --> 01:39:51.639 Since Swartz's death, Representative Zoe Lofgren and Senator Ron Wyden 01:39:51.639 --> 01:39:55.316 have introduced legislation that would reform the Computer Fraud and Abuse Act-- 01:39:55.316 --> 01:40:00.401 the outdated law that formed the majority of the charges against Swartz. 01:40:00.401 --> 01:40:03.210 It's called "Aaron's Law". 01:40:03.210 --> 01:40:07.401 Aaron believed that you literally ought to be asking yourself all of the time: 01:40:07.401 --> 01:40:10.803 What is the most important thing I could be working on in the world right now? 01:40:10.803 --> 01:40:12.678 And if you're not working on that, why aren't you? 01:40:12.678 --> 01:40:15.488 [Protesters] This is what democracy looks like! 01:40:15.488 --> 01:40:18.258 [crowd chants] We are the people too! 01:40:18.258 --> 01:40:20.964 Internet freedom's under attack, what do we do? 01:40:20.964 --> 01:40:22.328 Stand up, fight back! 01:40:22.328 --> 01:40:25.249 Internet freedom's under attack, what do we do? 01:40:25.249 --> 01:40:29.890 Hey, hey! Ho, ho! Carmen Ortiz has got to go! 01:40:33.701 --> 01:40:37.148 I wish we could change the past, but we cannot. 01:40:37.148 --> 01:40:39.697 But we can change the future and we must. 01:40:39.697 --> 01:40:43.387 We must do so for Aaron, we must do so for ourselves. 01:40:43.387 --> 01:40:48.799 We must do so to make our world a better place, a more humane place, 01:40:48.799 --> 01:40:53.781 a place where justice works, and access to knowledge becomes a human right. [applause] 01:40:53.781 --> 01:41:02.038 So there was a kid, back in February, from Baltimore, fourteen years old, 01:41:02.038 --> 01:41:08.530 who had access to JSTOR, and he'd been spelunking through JSTOR after reading something, 01:41:08.530 --> 01:41:14.869 and he figured out a way to do early tests for pancreatic cancer, 01:41:14.869 --> 01:41:19.167 and pancreatic cancer kills the shit out of you because we detect it way too late 01:41:19.167 --> 01:41:23.014 by the time we detect it, it's already too late to do anything about it, 01:41:23.014 --> 01:41:28.269 and he sent emails off to the entire oncology department at Johns Hopkins, 01:41:28.269 --> 01:41:31.203 you know hundreds of them, and every-- - [Interviewer] Did you say fourteen years old? 01:41:31.203 --> 01:41:35.218 - Fourteen-year-old kid, yeah, and most of them ignored it but one of them sent him an email back, 01:41:35.218 --> 01:41:38.040 and said this is not an entirely stupid idea, why don't you come on over? 01:41:38.040 --> 01:41:43.307 This kid worked evenings and weekends with this researcher, and in February I heard him on the news 01:41:43.307 --> 01:41:47.975 just a couple of weeks after Aaron died, when Aaron was in the news a lot.. 01:41:51.080 --> 01:41:53.542 Sorry... 01:41:53.542 --> 01:41:59.701 and he said the reason he was on the news was 'cause they'd done it. They were shipping 01:41:59.701 --> 01:42:03.423 an early test for pancreatic cancer that was going to save lives, 01:42:03.423 --> 01:42:10.259 and he said, "This is why what Aaron did was so important." 01:42:10.259 --> 01:42:15.481 Because you never know, right? This truth of the universe is not only something 01:42:15.481 --> 01:42:19.680 that policymakers use to figure out, you know, what the speed limit should be. 01:42:19.680 --> 01:42:26.241 It's where the thing that's gonna keep your kid from dying of pancreatic cancer comes from, 01:42:26.241 --> 01:42:32.247 and without access, the person who might come up with the thing that's got your number on it, 01:42:32.247 --> 01:42:34.925 may never find that answer. 01:42:35.580 --> 01:42:45.418 He slept so well, he didn't fall out of the tree, not even when he dreamed he was back on the spacecraft. 01:42:48.395 --> 01:42:51.403 [Aaron's dad] Very good, Aaron. Very good. Yay, Aaron! 01:42:51.403 --> 01:42:53.603 Okay, now it's song time. 01:42:57.165 --> 01:43:12.185 ♪ ♪ ♪ 01:43:25.738 --> 01:43:32.230 [credits] 01:44:43.619 --> 01:44:44.876 [the end]