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Tech Tuesday, January 15th 2013 at 6:30 pm

Petition to Fire Aaron Swartz’s Prosecutor Hits Required Signatures for White House Response

Aaron Swartz committed suicide on January 11th, and while no one but Swartz will ever truly know why, many have speculated that the legal troubles he was facing were a factor. He was being aggressively prosecuted for unlawfully obtaining information and recklessly damaging a protected computer after he made repeated efforts to steal files from JSTOR. The District Attorney leading the case against him was D.A. Carmen Ortiz, and the We the People petition to have her fired has already hit the required number of signatures needed to receive a White House response.

The petition was submitted to the We the People page on the White House’s site, which lets ordinary citizens submit petitions to the Obama administration. We the People has been getting a lot of attention lately for things like asking the government to build a Death Star, or to give each state an official Pokémon, but it gets used for actual political causes as well. Petitions that get a minimum of 25,000 signatures in 30 days and meet the site’s guidelines (The Pokémon petition was pulled) are given an official response.

The petition to fire Carmen Ortiz has already hit to 31,316, more than enough for a response, and it’s only been up since January 12th. It’s gaining support quickly. The number of signatures has gone up by more than 1,000 names in the time it took to write this article.

Is it fair to persecute Ortiz for persecuting Swartz? Her husband, former IBM CFO Tom Dolan, certainly doesn’t think so. He took to Twitter to defend his wife, saying in one tweet, “Truly incredible that in their own son’s obit they blame others for his death and make no mention of the 6-month offer.” He soon after deleted his Twitter account, but BuzzFeed grabbed several of his tweets before he did.

The offer he’s referring to came up a few times in his tweets. He says Swartz was offered a plea bargain that would only see him serve 6 months in jail, not some of the much more extreme sentences reported elsewhere — including the petition itself which says Swartz was facing life in prison.

Dolan’s argument seems to be semantic at best. There is a big difference between a maximum possible sentence and the terms of a plea deal. To take the plea deal Swartz would have had to admit guilt and give up his right to a public trial, something Swartz supposedly wanted.

MIT announced they would launch a full investigation into their possible role in Swartz’s suicide, and then hours later were hacked by Anonymous which posted messages calling for reform of computer crime laws among other things.

The charges against Swartz were officially dropped yesterday, but it was only as a matter of standard practice when the defendant in a case dies. People are angry over Swartz’s death and the extent of the prosecution he faced, but is it fair to focus that all on one person?

(We the People, via Business Insider, and BuzzFeed image via peretzp)

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  • Dr. Jones

    As of 6pm today, petitions now require 100,000 signatures in 30 days.

  • http://geekosystem.com/ Glen Tickle

    Thanks for the heads up. It looks like this one is well on its way to hitting that number before the deadline.

  • Jack Bond

    This is becoming ridiculous. I’m running out of words to describe the stupidity of the American people. In fact, I really have no words. Just know that I shall henceforth refer to America as the land of the greedy and the home of the dunce.

  • Sam Groves

    Is it fair?

    Well lets see, brilliant kid skirts the rules in a manner that in most situations would get them a hand slap and a “don’t ever come back”, hard ass prosecutor whose name was mostly derived from being responsible for bringing down a number of ‘names’ in the political world decides this is a case that warrants taking the most hard line approach, to the point where one wonders if she would have done so if the defendant had been someone less prominent.

    I think more than fair that now that it’s blown up in her face, maybe she should have to face the same sort of scrutiny she was making Aaron deal with.

  • Sanam Ghoddoussi

    Where is the petition?

  • bxdanny

    If it can be confirmed that he was offered the plea-bargain with a 6-month sentence, then the complaints about vindictive prosecution seem a lot less valid. But there are still unanswered questions. When was this deal offered? Why were charges that could add up to 35 years piled on to begin with? (And why was the case moved from state to Federal court to begin with?) Were there any other conditions attached to the deal, other than simply pleading guilty to a lesser charge?

  • http://www.facebook.com/profile.php?id=687991878 Dave Diem Martinez

    Define “this”. Would you prefer subservient and unquestioning as your ability to protest is taken away one method at a time? We ARE the people.

  • jamie

    sick of hearing about this guy.

  • Idlethoughts

    If there was wrong doing here the DA isn’t the one who should be held responsible, he was doing his legal duty by representing the state as a prosecution lawyer. Any blame to be had should be detected at someone higher up than him.

  • Sam Groves

    Except in this case the person (psst, it’s also a her) having their feet held to the fire is the ‘higher up’. THEY are the one who makes the decision on whether to run with a charge or not and how heavy to lean.

    That’s what being the Federal District Authority means. They make the calls.

  • Anonymous

    Kind of pathetic that the blame is being put on the prosecutor. It’s sad when someone commits suicide, but he made the decision to hack into computers. The prosecutor didn’t force him to commit a crime. If the prosecution was a main cause of his suicide then he didn’t take personal responsibility well. The main reason why people are doing this is because he helped create reddit

  • Sam Groves

    So essentially you have no clue what you are talking about and just wanted to spout off to pretend like you were paying attention.

  • http://www.facebook.com/profile.php?id=100000346669141 Mel Viel

    Look up what it means to be a felon in this country. Pleading guilty to 13 isn’t very safe.

  • Other Article Reader

    it seems to only apply from petitions created now and moving forward, not previous petitions, like this one.

  • http://twitter.com/datsneefa Jim Terwiliger

    US justice system is broken.

  • Jack Bond

    Prosecutors are not wrong for prosecuting someone who breaks the law. That is the very definition of their job. Just because someone decided to take the coward’s way out over it does not remotely make it the prosecutor’s fault.

  • Jack Bond

    Breaking the law is not a form of protest, or a right. We have the right to peaceably assemble for a redress of grievances.
    By “this” I was referring to the flurry of irrationality and downright stupidity in the reactions of people to the death of Aaron Swartz.

  • Max

    Really? Less vindictive? Offering up a deal when the people that were supposedly stolen from dropped the case and asked her not to pursue? How is that not vindictive when you don’t listen to that and decide to after a kid and give him time for downloading Academic Articles of all things? Really?

  • Max

    So kids that get bullied into suicide, they’re cowards? Dear simple Jack, please give yourself a little less credit, trust me you deserve it.

  • Sam Groves

    If you jaywalk, the penalty should be in line with the crime. It should not be in line with going on a shooting spree in the middle of a shopping mall.

    If you circumvent a service’s ‘bandwidth meter’ to download articles you already have permission to access, using a publicly accessible network, the penalty of that crime should be in line with the severity of that, not with hacking into a secured private network to steal.

    No, prosecutors are not wrong for prosecuting law breakers. But they ARE wrong when they are over zealous in their prosecution to the point of lunacy. Had Aaron been any other person but a ‘high level name’ that Ortiz felt she could have banked some political power from getting a conviction on, he would have been given a slap on the wrist and at most told to not come back to MIT.

  • Sam Groves

    Spoken like someone too young or sheltered to understand the meaning of the phrase “Civil disobedience.”

  • Sam Groves

    There are two ways to set up any system of governance. The ‘fire and forget’ method where the only people being served are the people running the show (see: Authoritarianism) and the ‘always needs some guidance’ method where there are always going to be problems and rough spots but by and large the worst abuses are tempered by the fact that the people being governed have a voice in the process (see: Democracy).

    The first requires little to no effort on the part of the governed, but results in little actual justice. The second requires constant monitoring and course correction, but has a far greater potential for justice.

    Barring the Second Coming or equivalent event, I believe mankind will never have access to the level of omniscient and omnipotent power required for a perfect system of governance. What we’ve got is the best I’ve seen, which is why I feel it’s important to keep active in speaking out when things like this happen. Because if you aren’t always cleaning house, crap starts to pile up.

  • Idlethoughts

    Upon looking further into this issue I would like to rescind my previous comment and instead simply state that; I don’t currently believe the facts are clear enough for most people, including myself, to make judgement and that in light of that the petition may have been somewhat premature in nature. I apologize for commenting without looking into the situation thoroughly enough.

  • Idlethoughts

    I think that at least some of this issue lies in the laws by which unauthorized data hacking is considered a federal crime i.e. Between the persecutor and the federal government, and technically in no way dependent on the the will of persecuted party.

  • Idlethoughts

    That is technically how federal crimes work, wether you should exercise that ability however is less clear.

  • Idlethoughts

    Names like Rosa Parks come to mind when you say things like that, you may want to reconsider your exact stance on this matter.

  • Yitz

    Yes. Ortiz’ name has already been brought up as a potential candidate for positions of even more power, such as senator or governor. We are talking about a very ambitious person, who callously used Aaron as an object to help her advance her political career. There is no question that she played a part in Aaron’s death, even if the complete blame cannot be placed on her. Now is the time to take action that will stop her advance towards power, while the pain is still fresh. Sign the petition.

  • Jack Bond

    Yes. They are cowards. Bullying sucks, but nothing justifies suicide. Forgive me for being too logical and not letting irrational emotion guide my actions. I’m not a democrat.

  • Sam Groves

    Oh for Pete’s Sake, if you were going to just be an offensive troll couldn’t you have done it at the start of the conversation, jackass?

  • Jack Bond

    Well I would discourage assigning motives, but you may be right that Aaron didn’t deserve as harsh a punishment as he may have been set to receive… Nonetheless, this is not an offense worth firing Ortiz over. A little overzealousness may be bad. If it causes someone to go way overboard and do something everybody regrets, it doesn’t make it any more than it is: simple overzealousness. In the same vein, perhaps the most Ortiz deserves is a slap on the wrist, and maybe some probation. Or maybe the fact that the overreacting public is tearing her reputation apart should be more than enough punishment.

  • Jack Bond

    Sarcasm doesn’t make me a troll. I don’t pussyfoot around because I know there’s no way I’m going to get any agreement from the oh-so-educated masses.

  • Sam Groves

    Anything you had to say of value was pretty much blown away by your douchebag remark concerning suicide.

    However, I don’t consider pushing to put someone in prison for 35 years for essentially overly aggressively downloading or even using that as a threat into pushing them into accepting a plea bargain that involved prison time even in the same league of doing ‘something everyone regrets’ as the downloading.

    That’s regardless of whether or not anyone died. Especially, as I said, someone who didn’t have as high a profile name as Aaron would haven’t been on her radar.

  • Anonymous

    So we should petition the government to fire people for doing their jobs? Do you have any clue to what you are saying?

  • Sam Groves

    Yes, it’s the democrat comment that pissed me off. Not the offensive remarks concerning people who have committed suicide.

  • Sam Groves

    When we have an article concerning such a petition come back and ask the question again. I don’t see the point in muddying the waters concerning that particular issue here when it is fairly obvious, at least to anyone who actually took the time to read anything concerning THIS issue, that the contention is she wasn’t doing her job.

  • Jack Bond

    Well that’s what I think of democrats. It seemed like a valid comparison to me, whether it’s related to the conversation at hand or not.

  • Sam Groves

    So, just as an FYI, what you’ve just demonstrated in your comment here is an incredible failure at reading comprehension, which seems to be going par for the course.

  • http://twitter.com/datsneefa Jim Terwiliger

    Let’s see so instead of going after real criminals Carmen Ortiz is now using her powers to defend her political image

    An entitled spoiled lawyer with too much power

    Guess Americans are finally starting to see what affirmative action gets you

  • Jack Bond

    Oh, I’m very familiar with civil disobedience, but of course it is not recognized as valid by government, and you won’t get any recognition for it unless you have a massive base of people backing you up.

  • Jack Bond

    You disagree with me, so nothing I say will be of value to you, however, insensitivity is not the same as invalidity. I’ll say again, because you’re playing right into your stereotype. Like Democrats, you seem to believe anything that might offend someone is wrong, and that is just not true.

    Also, I was referring to the suicide as the thing everybody regrets. Ortiz was merely overzealous, but Swartz jumped off the deep end and overreacted. Ortiz’s offense was small, but Swartz’s bad decision made everything a lot more serious.

    If that was unclear, let me provide an example. Let’s say you won’t buy a child a toy, and in his tantrum, the child hits his head on the wall for instance, giving him a bruise. Even though you weren’t wrong, the child still got hurt. That doesn’t make it your fault. It makes the child wrong for misbehaving.

    Now don’t get me wrong, Ortiz may very well have been somewhat in the wrong, and she may well deserve a punishment, but demanding her job and destroying her reputation is a little much for a tragedy that was mostly the victim’s own fault.

  • Nick Memphis

    Glen Tickle — you “tickle me” … United States Attorney’s are not referred to as District Attorneys of “D.A.”,s … you watch to many Law and Order reruns! They are properly designated either United States Attorneys of “U.S.A.”s. If you cannot even get this rudimentary fact correct, how are we to believe anything else you write?

  • Sam Groves

    Sorry Jack, the worthlessness of your opinion has nothing to do with whether I disagree or agree with the point you are attempting and failing horribly at making, it has to do with your apparent inability to think any deeper than a flat surface.

    Labeling victims of bullies as cowards if they happen to succumb to depression or other factors and commit suicide is a symptom of your shallow personality, as is your other insistence on labeling people rather than dealing with them as actual individuals.

    The mere fact that you keep attempting to re-frame the discussion into a platform you feel better suited to your argument using flawed and idiotic analogies rather than actually discussing what happened demonstrates the reality that you ran out of anything insightful or intelligent to say about this long ago.

    And no, I’m not ‘getting you wrong’. The pure absurdity of likening someone being pushed to the point where they feel taking their life is a better alternative to going on to a child getting a bruise speaks for itself.

    You either have no grasp on what you are actually talking about or are unwilling/incapable of actually discussing this seriously, so don’t expect any further replies from me.

  • Jack Bond

    I sympathize with people who are bullied and suffering from depression, but again I say, anyone who thinks it’s okay to just run away from their problems is clearly showing their cowardice. I’m sorry, but I disagree that a touchy-feely personality is equivalent to a deep one. I have little to no emotional response when it comes to forming an opinion. If it is logically unfortunate, I logically sympathize. If it is logically cowardly, I don’t lie to myself just because the person is in an unfortunate situation simultaneously.

    I noticed the majority of your post was made to attack my argument, instead of responding to it. You repeated that I don’t know what I’m talking about quite a few times. You said my analogy means I’m out of argument, when it was simply an augmentation to my argument to help you grasp my logic. As much as I wish we could continue a grown-up debate, you clearly seem to have devolved into ad-hominem attacks, which is the true indicator of a lost debate. I’d like to respond to the substance in your argument, but this has no longer become about Ortiz and Swartz. You’ve turned it into a back-and-forth of personal attacks, and I won’t be having that. The last valid argument still stands, that is that Ortiz may have been in the wrong (though a more recent article on this event seems to counter that idea), however she is not responsible in any way for Swartz’s personal decision to end his life. I personally think suicide in any event is a form of cowardice, but that has no bearing on the true issue here either.

    You may decide to break your promise and flail at me some more, but unless you get back to the meat of the issue, that is, the fact that Ortiz is not responsible for Swartz’s suicide, you will not be given the honor of a response.

  • Idlethoughts

    But as history has shown, a. Despite being illegal, some forms of civil disobedience are not wrong. and b. The law is not alway right.

  • Idlethoughts

    I would just like to take a moment to thank the geekosystem community, I wandered over to some related articles on the Daily caller and, well let just say I’m glad our commenters haven’t completely jumped out of the Overton window yet.

  • Jack Bond

    Speaking of being entitled and spoiled. That’s just the kind of person she was prosecuting.

  • Jack Bond

    Perhaps… but the reason this whole came about is because someone thought I want us to lose the “right to protest”. Basically what I’ve been failing to get across is that I don’t support what Swartz did as a form of protest, and my lack of support does not mean we will lose the ability to protest in the future. This whole issue is hardly even about protest. In this case, I agree with the law, and anyone who would break it in that way as a form of civil disobedience would not have my support.

  • Idlethoughts

    OK, just wanted to make sure you didn’t have a problem with all forms of civil disobedience, thanks for clarifying your position.