Aaron Swartz "JSTOR" case indictment revised/expanded
sethf.com
sethf.com
In doing so, he wronged various publishers, who have not financially supported any research, who have not financially supported the scientific review of said research, who have financially gained by (likely) not only charging the original author for the submission but also the universities which provided the infrastructure critical to the majority of research.
Spearheading this noble effort to right the wrong and restore law and order is US attorney Carmen Ortiz, who is cited for the wise words: "Stealing is stealing".
Lets be reasonable here: a decently sized server farm could probably keep the entirety of documents hosted on JSTOR in RAM. Today alone, imgur burned through 50TB of traffic; it delivers a petabyte a week. I'm not going to believe a sob story about how distributing 100KiB PDFs to someone running 'wget -r' is DoSing their systems.
(Yes folks, it's true: pretty much everything is a federal felony if someone doesn't like you.)
>The indictment alleges that Swartz, at the time a fellow at Harvard University, intended to distribute the documents on peer-to-peer networks. That did not happen, however, and all the documents have been returned to JSTOR.
Should I infer from this that they were found by the swat team in a bag labeled 'Swag'?
However, he did 'break into' an MIT switch closet to run 'keepgrabbing.py' over a 1Gbit/s connection. He wasn't just downloading 100KiB PDFs, either. He downloaded at least two million documents. The indictment isn't clear exactly how many, and it sounds like he downloaded a lot more than 2 million, to boot. Not all of JSTOR's documents are neat 100KiB PDFs, either: a substantial portion are scanned images (1+ MiB PDFs) from old journals. So, we're looking at the TB range of data.
This is not to say that his intentions were ignoble...
So there is at least 2 million scientific documents that publishers are profiting from withholding.
I'm not generally anti-copyright, but I believe the profits publishers make on scientific publishing are unconscionable - not only do they impede progress, but in many cases (eg, medical research) they cost lives.
One largeish science publisher I worked with had 9-10TB of (pdf) document data. In addition to that there's a search engine, and image versions (of everything) to allow for look inside. Then there's dynamically generated HTML for online view. Electronic publishers do with large amounts of data and it isn't wholly static content. I don't know much about JSTOR but I think it's safe to assume that the implementation is non-trivial.
It's non-trivial, and it's also one of the smallest chunks of their budget. As a (bloated, inefficient, high-salary) non-profit, you can read JSTOR's financial filings for yourself:
- http://www.generalist.org.uk/blog/2011/jstor-where-does-your... - http://lists.wikimedia.org/pipermail/wikien-l/2011-July/1092...
They spend ~$4m a year on all computer costs. (To put that in perspective, they spend $1.3m a year on 'travel' & 'conferences, conventions, and meetings'.)
But I don't see the complication on the tech side.
Getting the scanned copies is likely the most complex portion of this and is outside the realm of the site. The rest is just displaying static content and filling a Solr cluster with OCR data for search which is a trivial task with off the shelf OSS tools. Seems like a 2 week MVP project given how clunky the website is (why on earth does it move to the top of the page when I click the 'next' arrow when viewing the article, arg).
it must be nice to put your mind on cruise control.
> “The criminal investigation and today’s indictment of Mr. Swartz has been directed by the United States Attorney’s Office,” said a statement released by JSTOR on July 19. “It was the government’s decision whether to prosecute, not JSTOR’s. As noted previously, our interest was in securing the content. Once this was achieved, we had no interest in this becoming an ongoing legal matter.”
http://tech.mit.edu/V131/N30/swartz.html
unfortunately, the full statement link on their site is no longer live.
All that says is "we're not pressing charges."
You've added nothing to the discussion!
And this is not just about the law by the way. The fact that governments around the world can be blackmailed or corrupted by a small number of ruthless publishers is a political issue as well. It's also a credibility issue for researchers to some degree, particularly those who have already made a name for themselves and still play along with this.
Building that brand value has risks and cost money to produce (due to editorial, etc costs) hence the publishers need to recoup that value. Open-access journals to recoup that cost either charge the authors or rely upon a subsidies from wealthy benefactors (universities, industrial sponsors).
If you imagine for-profit academic journal publishers (especially Elsevier) as anything other than vicious monopolists defending their entrenched positions via copyright law and extortion of university libraries, then you have the wrong idea.
> There are a few administrative costs. The administrators get paid huge amounts.
I'll step over the part about these sentences contradicting each other. A colleague of mine worked as a part-time "managing editor" for the top journal in his field, meaning he was paid to coordinate the flow of submissions to the (unpaid) senior editors, managing the responsibilities/schedule of the editor-in-chief, and a host of other work I haven't quizzed him about. He worked hard, and for not much money, which is somewhat reasonable, as he was effectively an executive assistant. The EIC is expected to regularly travel to annual conferences (in one case, because that's when the journal's editorial board meets), so these costs are paid by the journal (to my understanding). He also does a great deal of evangelist work for the journal internationally. While some of these costs may be paid by honorariums (I'm not clear), they must be paid by somebody, and the journal is a likely candidate for a portion of those costs.My point is that every time we talk about costs of journals, someone mentions either a) administration is a no cost event or b) administration is an overpriced event. Yes, the reviewing and editing is typically performed by volunteers (the costs of which are borne by their respective employers) There is a substantial amount of work that goes on behind the scenes. I've had only the slightest of peeks behind the curtain, and I'm blown away by how much occurs that I wouldn't have initially guessed.
I'm not saying the repository companies (and some publishers) are not money-grubbing parasites; I'm not sure the evidence is in their favor. But little though it's been, my limited view of journal administration is that it's a non-trivial set of tasks costing more than I originally suspected. Claiming otherwise without experience to the contrary is really just FUD.
I am very interested to hear more about the activities "behind the curtain", because (being a junior academic at a teaching-oriented institution) I haven't had any interaction with a journal publisher that provided actual value beyond providing a website for me to submit my work, and a branded stamp to certify that my work was correct. In every case, I have had to submit a camera-ready final copy that was typeset by me and typo-checked by either me or the unpaid reviewers, and at no point has anyone approached me or anyone else I know asking us to publish our work in journal X as opposed to journal Y. As far as I know, to the degree anything I have ever written has been read at all, it's because I put the PDFs online myself (technically in violation of the copyright agreement, but a behavior that seems to be tacitly accepted in practice). Of course, even after people read the online PDFs (to the degree those papers get read at all), people cite the paper as if they read it in the paper journal or proceedings...
The average academic journal has 25%-30% profit margin (higher than the rest of the publishing industry), but it can take upto 5-7 years for a new STM journal to build enough of a reputation to break even. The profits from the successful journals have to cover the failure of the others (not unlike the startup industry from an investor perspective).
If you look at an open access journal like PLOS Biology the fundamental economics aren't that different. PLOS Biology charges authors $2900/paper, at about 20 papers an issue that means an issue generates just under $60,000 in revenue (excluding revenue from print sales). Overall PLOS runs at a 20% profit rate but it's not significantly different from other mid-tier closed-access journal publishers.
The only answer I can come up with is: help academics gain tenure and promotion. Except for a few flagships (Science, Nature, Cell, etc) most journals are not current, and are not read. Issues are not received with bated breath by people rushing to find out what the cutting edge is. Instead, everyone who cares has gotten the preprints, and everyone else doesn't care.
Arguing about the profitability of journals feels like arguing about the business models of buggy whip manufacturers.
If you have a tip about an unsolved murder that you want to report anonymously, and you break into someone's house to do so, good on you for reporting the tip, but you still broke into someone's house.
It seems like there were many other (more reasonable) avenues that he could have taken to accomplish his goal. He's really the only one to blame for getting himself into this mess. I sincerely hope that he gets the punishment he deserves which should be a firm slap on the wrist. I'm uncomfortable with the idea of him getting any jail time, but if it comes to that then he'll have to deal with those consequences.
If ten thousand people took Aaron's approach and simply got caught less, society would be significantly better off for it.
However, this logic rapidly breaks down when the prosecution is vindictive and the consequences disproportionate, as they are in this case. Before the indictment was expanded, he was facing up to 35 years in prison.[1] Even if he doesn't get that, he'll likely bankrupt himself and his family defending himself, and suffer consequences for years to come. No one should have to "deal with" this. It's the government that deserves the blame for his fate, not him.
Exceptions to the law are made every day - it is hardly applied at all when the violators are politicians, big media organizations, and bankers. I'd agree we don't already make exceptions to the law when high profile connected public figures (eg the ex-head of MFG and the guy who authorized F&F) are indicted for anything.
Is it possible that if he were to have tried this stunt at another institution he would not have so easily succeeded? Was he simply taking advantage of MIT's liberal policies with respect to computer resources? Or is MIT's "do whatever you need to do" environment irrelevant... as we ponder thoughts of "breaking and entering". Just a thought. Maybe it's irrelevant. What do you think?
Nor does it mean it's acceptable to abuse MIT's trust. In particular, presumably as a result of this case, JSTOR now requires strong authentication from the individual MIT account holder, instead of permitting access from MIT's IP address space as they used to.
Finally, yes, MIT does have an "it's better to ask forgiveness than permission" culture. But that very clearly only applies to legitimate MIT affiliates. I know of at least one other legal case (of perhaps equivalent importance) where MIT's lawyers said, if this guy were an MIT student or staff member, we'd go to bat for him, but since he's not, take the content down.
Not historically, due to principles of solidarity. In decent leftist movements, activists expect assistance from others. I heard one way to assess a leftist movement is how much support incarcerated people get.
(Imagine blame-oriented workplaces where people are completely on their own if something goes wrong. Who'd want to work in such a toxic, self-defeating environment?)
After all, prison is often kind of a limited death penalty, imposed by the state. You're stripped away from social bonds and freedom. (Particularly in the US; though fortunately Aaron is wealthy and white, a great advantage. Not to mention that he was engaged in a rather elite crime.)
A felony, even without any jail time, is an irreversible and life changing punishment. He will no longer be able to vote or (possibly?) leave the country, or work at various organizations and corporations that automatically do not hire felons.
Edit: didn't know that felons could still get passports. They can have trouble getting visa's for sure though.
Why leaving the country would be a problem? I haven't heard of that one before. Say what if wants to fly to Europe for vacation, he can't because he was convicted of a felony?
interestingly, if you have a DUI conviction, you cannot enter Canada.
I doubt he's even going to try to make the case he didn't know it was illegal.
This is civil disobedience against unjust laws at its best.
To quote Wikipedia's summary of Martin Luther King's "Letter from Birmingham Jail"
Against the clergymen’s assertion that the demonstration was against the law, he argued that not only was civil disobedience justified in the face of unjust laws, but that "one has a moral responsibility to disobey unjust laws."[1]
[1] http://en.wikipedia.org/wiki/Letter_from_Birmingham_Jail
A TRUE BILL
b r e n d a l h a n n o n
_________________________________
Foreperson of the Grand Jury
scott l garland 9 - 12 - 12
_______________ ___________
Assistand United States Attorney
DISTRICT OF MASSACHUSETTS
September 12, 2012
Returned into the District Court by the Grand Jurors and filed.
Granted: grand juries rarely refuse to indict. But it's not just the prosecutors behind this decision.1) The government generally doesn't bring borderline or weak cases in front of a grand jury. They have limited time and budget and don't want to pursue a case they don't feel is a sure thing (or, more accurately, a sure deal with the defendant as most cases do not go to trial).
2) Grand jury decisions need not be unanimous, only simple majority. I voted against indictment in a couple of cases I felt were weak, but they were indicted none-the-less. Further the burden of proof is not beyond a reasonable doubt but rather a preponderance of evidence[1], which is a lower bar.
[1] http://en.wikipedia.org/wiki/Legal_Burden_of_Proof#Preponder...
- - Charles Beard
To me the Largest Sadness is that he did not succeed in releasing the corpus to the public, which I presume was his real goal. Making this information accessible would be one of the largest contributions an individual could make to the world, possibly worth the trade of spending the rest of one's life in prison. The tragedy is doing so without the reward.
The only greater contribution I can immediately come up with that is definitely accessible to some of the readers of this board would be leaking the Google Books archive. Depriving the world of life saving knowledge for purpose of profit is as great a sin as genocide. Sometimes conscience must trump the law.
Sincerely,
A long time member resorting for the first time to an anonymous account.
That is a nice result indeed, do you have a reference?
Their original FAQ on it used to have a question about whether this was related to the "Swartz situation", where the answer could be paraphrased as "no but sort of yes", basically that they had been planning it all along but may have moved up some initiatives in response to the publicity. Doesn't seem that their current FAQ has that question anymore.
Martin Luther King, 16 April 1963, "Letter from Birmingham Jail"[1]
[1] http://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.h...
See http://blog.simplejustice.us/2011/07/20/swartz-caught-in-a-c... for some analysis from someone who doesn't support what Swartz did, but nevertheless sees this as a vindictive prosecution.
But what struck me as partularly stupid about what Swartz did (besides the fact that the data will probably be released anyway, in due course, without the need for "activism") is that he installed stealth code on a computer in a Federal Court Law Library. Of all places he chose a federal building, and a Federal Court Law Library. This just sounds idiotic.
And the irony of it all, at least to me, is I just downloaded his Superceded Indictment for free from archive.org. It appears others are succeeding in making court documents publicly available without installing stealth code on federally-owned computers. Maybe they do not have everything in PACER yet, but I think it's only a matter of time. Courts are perhaps a little slow to change with new technology but despite their budget constraints they are definitely making progress. And publicresource.org seems to be getting bulk data with the blessing of the courts and without installing any stealth scripts on Law Library computers.
If one really wanted to engage in some sort of activism to free up (what should be free) legal documents, maybe a better focus is Lexis-Nexis. A true monopoly, founded on a dubious intepretation of copyright law. Can you copyright court decisions? They managed to do it. And the founder is on the Forbes list.
But even so, is it really that hard to believe that the feds have their own agenda and are acting on their own for this one? I realize I have no proof to back up my assertion that this is all them, but it's not outside the realm of possibility, that's for sure.
(not that I equate JSTOR to slavery)
Not to belabor the analogy too much, but in academia at large, there's a decent argument to be made....
Having to pay for access to papers and being forced to pick cotton in the blinding sun every day of your life under pain of the whip are not the same thing.
Though I would thank you for deleting the completely out-of-proportion reference to Hitler that was in your original comment ("Hitler liked cakes, therefore anyone who likes cakes is a Nazi"). It seems even Hacker News is not immune to Godwin's law.