Aaron Swartz

Aaron Hillel Swartz was born on November 8, 1986 in Highland Park, 25 miles (40 kilometers) north of Chicago, to a Jewish family. He was the eldest child of Susan and Robert Swartz and brother to Noah and Ben Swartz. His father founded the software firm Mark Williams Company. At an early age, Swartz immersed himself in the study of computers, programming, the Internet, and Internet culture. He attended North Shore Country Day School, a small private school near Chicago, until ninth grade, when he left high school and enrolled in courses at Lake Forest College.

In 1999, at age 12, he created the website The Info Network, a user-generated encyclopedia. The site won the ArsDigita Prize, given to young people who create "useful, educational, and collaborative" noncommercial websites, and led to early recognition of Swartz's nascent talent in coding. At age 14, he became a member of the working group that authored the RSS 1.0 web syndication specification. A year later, he became involved in the Creative Commons organization.

In 2004, he enrolled at Stanford University, but left the school after his first year.

During Swartz's first year at Stanford, he applied to Y Combinator's first Summer Founders Program, proposing to work on a startup called Infogami, a flexible content management system designed to create rich and visually interesting websites or a form of wiki for structured data. After working on it with co-founder Simon Carstensen over the summer of 2005, Swartz opted not to return to Stanford, choosing instead to continue to develop and seek funding for Infogami.

As part of his work on Infogami, Swartz created the web.py web application framework because he was unhappy with other available systems in the Python programming language. In the early fall of 2005, he worked with his fellow co-founders of another nascent Y Combinator firm, Reddit, to rewrite its Lisp codebase using Python and web.py. Although Infogami's platform was abandoned after Not a Bug was acquired, Infogami's software was used to support the Internet Archive's Open Library project and the web.py web framework was used as the basis for many other projects by Swartz and many others.

When Infogami failed to find further funding, Y Combinator organizers suggested Infogami merge with Reddit, which it did in November 2005, creating a new firm, Not a Bug, devoted to promoting both products. As a result, Swartz was given the title of co-founder of Reddit. Although both projects initially struggled, Reddit made large gains in popularity in 2005–2006.

In October 2006, based largely on Reddit's success, Not a Bug was acquired by Condé Nast Publications, owner of Wired magazine. Swartz moved with his company to San Francisco to continue to work on Reddit for Wired. He found corporate office life uncongenial and in January 2007 was asked to resign from the company. In September 2007, he joined Infogami co-founder Simon Carstensen to launch a new firm, Jottit, in another attempt to create a Markdown-driven content management system in Python.

Swartz was in an open relationship with Quinn Norton between 2007 and 2011 and dated Taren Stinebrickner-Kauffman from 2011 until his death in 2013, contemplating marriage with her. He also reportedly had same-sex relationships, and was skeptical of the idea of sexual identity. Aside from his work, he posted frequently on Twitter, Reddit and his personal website. He was an atheist.

Family response

Aaron's death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney's office and at MIT contributed to his death.

On January 12, 2013, Swartz's family and partner issued a statement criticizing the prosecutors and MIT. Speaking at his son's funeral on January 15, Robert Swartz said, "Aaron was killed by the government, and MIT betrayed all of its basic principles." Ortiz's husband, Tom Dolan, responded: "Truly incredible that in their own son's obit they blame others for his death and make no mention of the 6-month offer." This comment triggered some criticism; in Esquire, Charlie Pierce wrote, "the glibness with which her husband and her defenders toss off a 'mere' six months in federal prison, low-security or not, is a further indication that something is seriously out of whack with the way our prosecutors think these days."

In 2008, Swartz founded Watchdog.net, "the good government site with teeth", to aggregate and visualize data about politicians. That year, he wrote a widely circulated Guerilla Open Access Manifesto. On December 27, 2010, he filed a Freedom of Information Act (FOIA) request to learn about the treatment of Chelsea Manning, alleged source for WikiLeaks. His activism has been praised by digital rights groups such as the Electronic Frontier Foundation (EFF).

PACER

In 2008, Swartz downloaded about 2.7 million federal court documents stored in the PACER (Public Access to Court Electronic Records) database managed by the Administrative Office of the United States Courts. The Huffington Post characterized his actions this way: "Swartz downloaded public court documents from the PACER system in an effort to make them available outside of the expensive service. The move drew the attention of the FBI, which ultimately decided not to press charges as the documents were, in fact, public."

PACER was charging eight cents per page for information that Carl Malamud, who founded the nonprofit group Public.Resource.Org, contended should be free, because federal documents are not covered by copyright. The fees were "plowed back to the courts to finance technology, but the system [ran] a budget surplus of some $150 million, according to court reports," reported The New York Times. PACER used technology that was "designed in the bygone days of screechy telephone modems... putting the nation's legal system behind a wall of cash and kludge." Malamud appealed to fellow activists, urging them to visit one of 17 libraries conducting a free trial of the PACER system, download court documents, and send them to him for public distribution.

After reading Malamud's call for action, Swartz used a Perl computer script running on Amazon cloud servers to download the documents, using credentials belonging to a Sacramento library. From September 4 to 20, 2008, it accessed documents and uploaded them to a cloud computing service. He released the documents to Malamud's organization.

On September 29, 2008, the GPO suspended the free trial, "pending an evaluation" of the program. Swartz's actions were subsequently investigated by the FBI. The case was closed after two months with no charges filed. Swartz learned the details of the investigation after filing a FOIA request with the FBI, and described their response as the "usual mess of confusions that shows the FBI's lack of sense of humor."

At a 2013 memorial for Swartz, Malamud recalled their work with PACER. They brought millions of U.S. District Court records out from behind PACER's "pay wall", he said, and found them full of privacy violations, including medical records and the names of minor children and confidential informants.

We sent our results to the Chief Judges of 31 District Courts... They redacted those documents and they yelled at the lawyers that filed them... The Judicial Conference changed their privacy rules.... [To] the bureaucrats who ran the Administrative Office of the United States Courts... we were thieves that took $1.6 million of their property.

So they called the FBI... [The FBI] found nothing wrong...

A more detailed account of his collaboration with Swartz on the PACER project appears in an essay on Malamud's website.

Writing in Ars Technica, Timothy Lee, who later made use of the documents obtained by Swartz as a co-creator of RECAP, offered some insight into discrepancies in reports on how much data Swartz downloaded: "In a back-of-the-envelope calculation a few days before the offsite crawl was shut down, Swartz guessed he got around 25 percent of the documents in PACER. The New York Times similarly reported Swartz had downloaded "an estimated 20 percent of the entire database". Based on the facts that Swartz downloaded 2.7 million documents while PACER, at the time, contained 500 million, Lee concluded that Swartz downloaded less than one percent of the database.

Arrest and prosecution

On the night of January 6, 2011, Swartz was arrested near the Harvard campus by MIT Police and a Secret Service agent, and arraigned in Cambridge District Court on two state charges of breaking and entering with intent to commit a felony. On July 11, 2011, he was indicted by a federal grand jury on charges of wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer.

On November 17, 2011, Swartz was indicted by a Middlesex County Superior Court grand jury on state charges of breaking and entering with intent, grand larceny, and unauthorized access to a computer network. On December 16, 2011, state prosecutors filed a notice that they were dropping the two original charges, and the charges listed in the November 17, 2011, indictment were dropped on March 8, 2012. According to a spokesperson for the Middlesex County prosecutor, this was done to avoid impeding a federal prosecution headed by Stephen P. Heymann, supported by evidence provided by Secret Service agent Michael S. Pickett.

On September 12, 2012, federal prosecutors filed a superseding indictment adding nine more felony counts, increasing Swartz's maximum criminal exposure to 50 years of imprisonment and $1 million in fines. During plea negotiations with Swartz's attorneys, the prosecutors offered to recommend a sentence of six months in a low-security prison if Swartz pled guilty to 13 federal crimes. Swartz and his lead attorney rejected the deal, opting instead for a trial where prosecutors would be forced to justify their pursuit of him.

The federal prosecution involved what was characterized by numerous critics (such as former Nixon White House counsel John Dean) as an "overcharging" 13-count indictment and "overzealous", "Nixonian" prosecution for alleged computer crimes, brought by then U.S. Attorney for Massachusetts Carmen Ortiz. Swartz died by suicide on January 11, 2013. After his death, federal prosecutors dropped the charges. On December 4, 2013, due to a Freedom of Information Act suit by the investigations editor of Wired magazine, several documents related to the case were released by the Secret Service, including a video of Swartz entering the MIT network closet.