In the Wake of Aaron Swartz's Death, Let's Fix Draconian Computer Crime Law
There should also be a push for better use of discretion and 'common sense' from the US judiciary. Most (all?) laws are, by their nature, crude sticks that have to be wielded carefully.<p>I'm not sure that in this case, the law is 'wrong'. As has been outlined elsewhere, by a reasonable reading of the applicable law Aaron's actions were criminal and (in my opinion) the law itself, in spirit, is not unreasonable.<p>What <i>is</i> unreasonable in this case, appears to be the application of the law, and more generally, the cost in time and money that is required to mount an adequate defence.<p>It should <i>never take two years and millions of dollars to have a case like this settled</i>, one way or the other. It seems a basic violation of human rights that it <i>could</i> happen. This is the general problem that needs to be solved in the US.<p>To end with a favourite quote that feels timely:<p><i>"The fall of Empire, gentlemen, is a massive thing, however, and not easily fought. It is dictated by a rising bureaucracy, a receding initiative, a freezing of caste, a damming of curiosity - a hundred other factors. It has been going on, as I have said, for centuries, and it is too majestic and massive a movement to stop"</i><p>-- Isaac Asimov, Foundation, 1951.<p>Let's hope that's not entirely true.