MIT Moves to Intervene in Release of Aaron Swartz’s Secret Service File
wired.com
wired.com
It is interesting that they have never heard of third party's intervening in FOIA cases because it actually is a common occurrence in academia.
Many times, a professor at another university will file a FOIA request for your grant application. If you feel your research plans are threatened by having the details of your grant passed along to this other professor, your university will intervene on your behalf in the FOIA request. This is especially true if there is patentable material in the grant that they fear will be threatened by wide dissemination of the contents of the grant. Even if they fail in blocking the FOIA request, they usually can at least delay the release long enough to file a preliminary patent on the material described in the grant application.
I can understand reporters not having heard of this tactic, but I'm surprised an expert FOIA litigator would be unfamiliar with these cases.
They didn't say thy never heard of a third party intervening. They were more specific: he says "I have never, in fifteen years of reporting, seen a non-governmental party argue for the right to interfere in a Freedom of Information Act release of government documents." The key here is GOVERNMENT documents.
The example you give:
> Many times, a professor at another university will file a FOIA request for your grant application. If you feel your research plans are threatened by having the details of your grant passed along to this other professor, your university will intervene on your behalf in the FOIA request
is a third party intervening to try to stop a FOIA request involving their own documents. By "their own documents" I mean they wrote the documents. The documents were then submitted to the government, which is why they can be reached by FOIA, but they are not "government documents" in the sense that the writer intends, I believe. The documents MIT is trying to get involved with were written by the government. They are partially about MIT, but they are not MIT's documents in the way a grant application from MIT would be.
Is this the best way to make scientific advances? Probably not. But it's a systemic problem. There is at least one study (I believe Canadian, can't find a link currently) which found that it would be more efficient just to give every researcher in Canada some baseline funding, rather than spending all the money they currently do on the adversarial funding process.
That was actually somewhat closer to the traditional CS funding model in the U.S., though largely accidentally, through military funding. Why did someone like Richard Stallman (not an academic) get employed for decades in the MIT AI Lab? Because DARPA gave non-micromanaged block grants to the MIT AI Lab to fund a "center of excellence" for years at a time, which they were free to use to employ staff as they saw fit. Nowadays most grants are 3 years long and very specific, so it's all about positioning yourself for the next 3-year grant, if you want to keep the lights on and your staff paid.
The first group to publish a new result gets the cookies.
No it isn't, it's only a part of it, and only applicable in some cases. Other rationales include stimulating research on things that are considered too risky by the mainstream manufacturers, so as to facilitate radical innovations (in the Geoffrey Moore meaning of that concept). Under those circumstances, allowing patents on the results is required otherwise the people doing the research wouldn't have a reason to do it in the first place.
Plus, the grant money is only a part of the eventual results; the original ideas, the extra labor, outside financing, etc are equal contributors.
It's bad news when it happens.
I don't believe that people "sell out," though I do believe that people "buy in." Adhering or conforming to a system you do not believe in is "buying in" to it.
Depending on your field a research could take a few years to develop a technique. The technique by itself will not produce a very valuable publication, but the results it can reveal could be ground breaking.
In the grant proposal, in order to convince those who are judging of the value of the technique, you detail some of the hard won technique. A competitor issues a FOIA learns the technique and may very well be able to publish the ground breaking results first.
This means years of work and funding have had considerably less benefit then anticipate. It is likely it will be a little harder to win additional grant/funding due to several apparently unproductive years on the researches part.
Then again, there may well be some aspect of this I'm missing.
"While in the past people of rank or status were those and only those who took risks, who had the downside for their actions, and heroes were those who did so for the sake of others, today the exact reverse is taking place. We are witnessing the “rise of a new class of inverse heroes, that is, bureaucrats, bankers, Davos-attending members of the I.A.N.D. (International Association of Name Droppers), and academics with too much power and no real downside and/or accountability. They game the system while citizens pay the price.”
Excerpt From: Taleb, Nassim Nicholas. “Antifragile: Things That Gain from Disorder.”
>"MIT claims it’s afraid the release of Swartz’s file will identify the names of MIT people who helped the Secret Service and federal prosecutors pursue felony charges against Swartz for his bulk downloading of academic articles from MIT’s network in 2011."
Let me get this straight. There are academics involved, who are supposed to be professionally on the side of the freedom of information. They instead choose to inform on a colleague and ruin his life and then, knowing what they had done is morally objectionable on many levels, they use the fact that they might well be criticised for it to stifle information again and try to justify anonymity for themselves?!?
If I was a bright young student I would no longer consider MIT. What can one hope to learn from people like these?
Sadly, this whole case brings up uncomfortable parallels with anonymous informants always crawling out of the woodwork and taking delight in ruining their neighbours' lives, whenever a despotic regime takes hold of a society.
Do you file to prevent this information to be released?
Swartz never engaged in violence or threats of it. All he did was to download a large number of publicly funded scientific papers that he should have had access to anyway. MIT did not just report him. They made sure that the secret service was there in a couple of minutes and then they insisted on prosecuting him. One could argue that it was the MIT's insistence on prosecution that did him in, as much as the eagerness of the DoJ.
MIT made a number of bad decisions and this latest one only continues this trend. Until someone is named to take personal responsibility for those decisions, or someone does the decent thing and owns up to them, the responsibility must lie with MIT as an institution.
Swartz broke and entered MIT private property that is the crime I alluded to in my analogy. (See the matter in Massachusetts state court for details). MIT did not understand the nature of his actions on the wire before involving the Secret Service to assist in the investigation. At that point MIT has no more say in the prosecution. None. It is the United States Government's decision how to run the prosecution.
I think the report was supposed to have been released months ago.
http://tech.mit.edu/V133/N26/swartz/2.html
This is indeed much delayed from his initial statement on January 22 that he hoped the report would be ready "in a few weeks."
http://tech.mit.edu/V132/N63/abelson.html
It's disappointing that it's taken this long.
I remember that Hal Abelson was in charge of preparing the report, and he has taught ethics classes at MIT. I'm hoping that he makes some statement about the report at least.
Equating them to the leaders of the hitler youth may be an extreme interpretation but is not threatening.
My understanding is that the two prosecutors in the Aaron Schwartz case have reported receiving threats -- One email gloating at doxing him, one postcard of a guillotine and one of them had their facebook account hacked. I've always assumed that people in high profile jobs like that receive threats on a regular basis, and that given the unpredictability of 4chan / anonymous that the number and types of threats were unexpectedly tame.
http://www.businessinsider.com/aaron-swartz-prosecutors-thre...
So it would appear that the names are already redacted
But the faceless bureaucracy is the problem. If people can make stupid decisions then not take responsibility because someone somewhere on the internet said something dumb then these problems will never get fixed.
(IMHO, of course).
What would that be?
MIT gets a lot of direct and indirect government money, or is in other ways susceptible to influence. I imagine a federal prosecutor's office can be quite persuasive.
1) They have no idea how it will be perceived from the "outside looking in."
2) They do know it will look bad, but they believe that it is worth it to protect the reputations of whomever might be revealed to have participated in the persecution.
Well, actually... Let me provide a little insight. My daughter, a future engineer, has dropped MIT from her top choice to off the list. There are many schools that are nearly as good, and despite rankings, better than MIT.
Here's another cool little anecdote: I was in a meeting with director from NIST, along with another researcher and our director. He was in town to give a lecture as part of a regular lecture series we conduct through the school year, and I was meeting with him one-on-one to ask questions about the intersection of IT and power grid operations. He was relaying a story about some engineering project that they had asked MIT researchers for help on.
Suddenly our director burst out laughing. Said he couldn't contain it anymore. He says, "Yeah, we know about that project. We're the people MIT called when they couldn't figure it out."
The moral of the story: MIT is marketing machine. As a rule, they are over-ranked in nearly every category, and rely on a historical perspective rather than a current one.
It's hard to do, and it feels lousy. The alumni who feel closest to this case are probably people who spent a lot of time making stuff. When they donate, they're more likely to target their money at helping other people make stuff, by donating to things like the Edgerton Center [1], MITERS [2], or SIPB [3], or even just giving money directly to dorm governments (my hall had a PIC burner sitting next to the toaster on our kitchen counter and a couple of oscilloscopes you could check out from the front desk, courtesy of some slush fund somewhere).
When these alumni donate, they're not doing it to get their name on a plaque, or out of some kind of broad-based affinity for the school, they're doing it to help current students have the same kind of experiences they were able to enjoy. And if they stop donating, it's pretty easy to see the culture of creation suffering. People will keep making stuff, but it'll be a little more difficult, require a little more dedication, and it'll wind up being fewer people. That's a significant price to pay to stand on a principle.
[1] http://web.mit.edu/edgerton/ [2] http://miters.mit.edu/ [3] http://sipb.mit.edu/
[1] http://alum.mit.edu/pages/sliceofmit/2013/03/08/mit-ranks-11...
Wasn't MIT's network setup directly at issue?
There is no point of saving the face if it makes you look like an ass ...