Why didn't he take that?
Why didn't he take that?
Either he's a dangerous criminal who deserves 30 years in jail, or it's nothing, and the only reason they ask him to accept 3 months is because they would look foolish asking him to accept anything less than that (like say weeks or days).
If you shoplift from a store wearing a fake mustache, and saying your name is "Mickey Mouse", you aren't committing fraud, just shoplifting. If you download documents with an anonymous name ("Gary Host", not the name of a MIT student / staff member) and an anonymous MAC address (once again - not passing yourself off as anything other than a guest) you are guilty of copyright infringement, not wire fraud. Using a script to rapidly change your name / MAC address might be a different matter, as you are pretending to be a crowd of people (and it's hard to respond to). But there's nothing he did to circumvent the security that was intended to make a material misrepresentation, he simply did the equivalent of using his hotmail account to create a new account once his gmail was banned.
For things like fraud, there's no hard and fast laws. The courts use a thing called "common sense" (or precedent, which is using a previous judge's common sense). The bar for fraud is pretty high - he had to have misled the victim, and that misrepresentation must have made them behave differently (among other requirements). Had he used his own name, and used a new laptop instead of spoofing his MAC address, he would still have been able to download the documents.
But that's just my opinion, and IANAL.
Summary: http://www.thedailybeast.com/articles/2013/01/15/aaron-swart...
Besides which, whether or not he violated the law is only partially relevant as the morality of the law is also at issue. How would you feel if your only option was to plead guilty to a law you felt was unjust?
But your statement reflects two facts: that he did end up committing suicide (not known a priori) and that he chose not to accept guilt when he didn't believe he was guilty (and I fully suspect you've never been in that type of situation at the severity of the Swartz case, so it's hard to definitively state that you would just take the jail time)
http://en.wikipedia.org/wiki/Felony#United_States
Besides all the restrictions, there's also the stigma attached to it.
Maybe he could find some people to help him out 5 years from now. Maybe even 10 or 20, but for how long would he be able to rely on that?
If you take the law and legal status seriously, you don't just accept being disenfranchised lying down.
nb. disenfranchised both literally and figuratively in this case.
The judge, however, is free to ignore that plea.
There is no guarantee whatsoever that a judge will follow the recommendation in the plea. He/She could still have thrown the book at Swartz.