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On January 6, 2011, Swartz was arrested by Massachusetts Institute of Technology (MIT) police on state breaking-and-entering charges, after connecting a computer to the MIT network in an unmarked and unlocked closet, and setting it to download academic journal articles systematically from JSTOR using a guest user account issued to him by MIT.[13][14] Federal prosecutors, led by Carmen Ortiz, later charged him with two counts of wire fraud and eleven violations of the Computer Fraud and Abuse Act,[15] carrying a cumulative maximum penalty of $1 million in fines, 35 years in prison, asset forfeiture, restitution, and supervised release.[16] Swartz declined a plea bargain under which he would have served six months in federal prison.[17] Two days after the prosecution rejected a counter-offer by Swartz, he was found dead in his Brooklyn apartment.[18][19] In 2013, Swartz was inducted posthumously into the Internet Hall of Fame.[20]
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.
On July 30, 2013, JSTOR released 300 partially redacted documents used as incriminating evidence against Swartz, originally sent to the United States Attorney's Office in response to subpoenas in the case United States v. Aaron Swartz.[85]
Swartz died by suicide on January 11, 2013.[104] After his death, federal prosecutors dropped the charges.[105][106] 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.[107]
On the evening of January 11, 2013, Swartz's girlfriend, Taren Stinebrickner-Kauffman, found him dead in his Brooklyn apartment.[75][108][109] A spokeswoman for New York's Medical Examiner reported that he had hanged himself.[108][109][110][111] No suicide note was found.[112] Swartz's family and his partner created a memorial website on which they issued a statement, saying: "He used his prodigious skills as a programmer and technologist not to enrich himself but to make the Internet and the world a fairer, better place."[23]
Days before Swartz's funeral, Lawrence Lessig eulogized his friend and sometime-client in an essay, "Prosecutor as Bully." He decried the disproportionality of Swartz's prosecution and said, "The question this government needs to answer is why it was so necessary that Aaron Swartz be labeled a 'felon'. For in the 18 months of negotiations, that was what he was not willing to accept."[113] Cory Doctorow wrote, "Aaron had an unbeatable combination of political insight, technical skill, and intelligence about people and issues. I think he could have revolutionized American (and worldwide) politics. His legacy may still yet do so."[114]
Swartz's funeral services were held on January 15, 2013, at Central Avenue Synagogue in Highland Park, Illinois. Tim Berners-Lee, creator of the World Wide Web, delivered a eulogy.[115][116][117][118] The same day, The Wall Street Journal published a story based in part on an interview with Taren Stinebrickner-Kauffman.[119] She told the Journal that Swartz lacked the money to pay for a trial and "it was too hard for him to ... make that part of his life go public" by asking for help. He was also distressed, she said, because two of his friends had just been subpoenaed and because he no longer believed that MIT would try to stop the prosecution.[119]
On January 12, 2013, Swartz's family and partner issued a statement criticizing the prosecutors and MIT.[134] 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."[135]
Speaking on April 17, 2013, Yuval Noah Harari described Swartz as "the first martyr of the Freedom of Information movement". However, according to Harari, Swartz's stance did not illustrate the belief in the freedom of persons or speech but stemmed from the increasing belief among the young generation that above anything else, information should be free.[155]
On January 13, 2013, members of Anonymous hacked two websites on the MIT domain, replacing them with tributes to Swartz that called on members of the Internet community to use his death as a rallying point for the open access movement. The banner included a list of demands for improvements in the U.S. copyright system, along with Swartz's Guerilla Open Access Manifesto.[157] On the night of January 18, 2013, MIT's e-mail system was taken offline for ten hours.[158] On January 22, e-mail sent to MIT was redirected by hackers Aush0k and TibitXimer to the Korea Advanced Institute of Science & Technology. All other traffic to MIT was redirected to a computer at Harvard University that was publishing a statement headed "R.I.P Aaron Swartz,"[159] with text from a 2009 posting by Swartz,[160] accompanied by a chiptune version of "The Star-Spangled Banner". MIT regained full control after about seven hours.[161] In the early hours of January 26, 2013, the U.S. Sentencing Commission website, USSC.gov, was hacked by Anonymous.[162][163] The home page was replaced with an embedded YouTube video, Anonymous Operation Last Resort. The video statement said Swartz "faced an impossible choice".[164][165] A hacker downloaded "hundreds of thousands" of scientific-journal articles from a Swiss publisher's website and republished them on the open Web in Swartz's honor a week before the first anniversary of his death.[166]
Supporters of Swartz responded to news of his death with an effort called #PDFTribute to promote Open Access.[183][184] On January 12, Eva Vivalt, a development economist at the World Bank, began posting her academic articles online using the hashtag #pdftribute as a tribute to Swartz.[184][185][186] Scholars posted links to their works.[187] Swartz' story has exposed the topic of open access to scientific publications to wider audiences.[188][189] In Swartz' wake, many institutions and personalities have campaigned for open access to scientific knowledge.[190] Swartz's death prompted calls for more open access to scholarly data (e.g., open science data).[191][192] The Think Computer Foundation and the Center for Information Technology Policy (CITP) at Princeton University announced scholarships awarded in memory of Swartz.[193] In 2013, Swartz was posthumously awarded the American Library Association's James Madison Award for being an "outspoken advocate for public participation in government and unrestricted access to peer-reviewed scholarly articles."[194][195] In March, the editor and editorial board of the Journal of Library Administration resigned en masse, citing a dispute with the journal's publisher, Routledge.[196] One board member wrote of a "crisis of conscience about publishing in a journal that was not open access" after the death of Swartz.[197][198] In 2002, Swartz had stated that when he died, he wanted all the contents of his hard drives made publicly available.[199][200]
On January 28, 2013, Issa and ranking committee member Elijah Cummings published a letter to U.S. Attorney General Holder, questioning why federal prosecutors had filed the superseding indictment.[100][207] On February 20, WBUR reported that Ortiz was expected to testify at an upcoming Oversight Committee hearing about her office's handling of the Swartz case.[208] On February 22, Associate Deputy Attorney General Steven Reich conducted a briefing for congressional staffers involved in the investigation.[209][210] They were told that Swartz's Guerilla Open Access Manifesto played a role in prosecutorial decision-making.[45][209][210] Congressional staffers left this briefing believing that prosecutors thought Swartz had to be convicted of a felony carrying at least a short prison sentence in order to justify having filed the case against him in the first place.[209][210]
In 2013, Rep. Zoe Lofgren (D-Calif.) introduced a bill, Aaron's Law (H.R. 2454, S. 1196[214]) to exclude terms of service violations from the 1986 Computer Fraud and Abuse Act and from the wire fraud statute.[215]
Senator Ron Wyden (D-Ore.) and Senator John Cornyn (R-Tex.) introduced the Senate version in 2013, 2015, and 2017 while the bill was introduced to the House by Reps. Zoe Lofgren (D-Calif.), Mike Doyle (D-Pa.) and Kevin Yoder (R-Kans.). Senator Wyden wrote of the bill, "the FASTR act provides that access to taxpayer funded research should never be hidden behind a paywall."[226]
Swartz has been featured in various works of art and has posthumously received dedications from numerous artists. In 2013, Kenneth Goldsmith dedicated his "Printing out the Internet" exhibition to Swartz.[228][229] There are also dedicated biographical films for Aaron:
In October 2014, Killswitch, a documentary film featuring Swartz, as well as Lawrence Lessig, Tim Wu, and Edward Snowden, received its world premiere at the Woodstock Film Festival, where it won the award for Best Editing. The film focuses on Swartz's role in advocating for internet freedoms.[240][241]
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