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Aaron Swartz Faced a More Severe Prison Term Than Killers, Slave Dealers and Bank Robbers

Aaron Swartz Faced a More Severe Prison Term Than Killers, Slave Dealers and Bank Robbers

Written by Ian Millhiser

On Friday, Internet pioneer and open information activist Aaron Swartz took his own life at the age of 26. At the time of his death, Swartz was under indictment for logging into JSTOR, a database of scholarly articles, and rapidly downloading those articles with the intent to make them public. If Swartz had lived to be convicted of the charges against him, he faced 50 years or more in a federal prison.

To put these charges in perspective, here are ten examples of federal crimes that carry lesser prison sentences than Swartz’ alleged crime of downloading academic articles in an effort to make knowledge widely available to the public:

  • Manslaughter: Federal law provides that someone who kills another human being “[u]pon a sudden quarrel or heat of passion” faces a maximum of 10 years in prison if subject to federal jurisdiction. The lesser crime of involuntary manslaughter carries a maximum sentence of only six years.
  • Bank Robbery: A person who “by force and violence, or by intimidation” robs a bank faces a maximum prison sentence of 20 years. If the criminal “assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device,” this sentence is upped to a maximum of 25 years.
  • Selling Child Pornography: The maximum prison sentence for a first-time offender who “knowingly sells or possesses with intent to sell” child pornography in interstate commerce is 20 years. Significantly, the only way to produce child porn is to sexually molest a child, which means that such a criminal is literally profiting off of child rape or sexual abuse.
  • Knowingly Spreading AIDS: A person who “after testing positive for the Human Immunodeficiency Virus (HIV) and receiving actual notice of that fact, knowingly donates or sells, or knowingly attempts to donate or sell, blood, semen, tissues, organs, or other bodily fluids for use by another, except as determined necessary for medical research or testing” faces a maximum of 10 years in prison.
  • Selling Slaves: Under federal law, a person who willfully sells another person “into any condition of involuntary servitude” faces a maximum prison sentence of 20 years, although the penalty can be much higher if the slaver’s actions involve kidnapping, sexual abuse or an attempt to kill.
  • Genocidal Eugenics: A person who “imposes measures intended to prevent births” within a particular racial, ethnic or religious group or who “subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part” faces a maximum prison term of 20 years, provided their actions did not result in a death.
  • Helping al-Qaeda Develop A Nuclear Weapon: A person who “willfully participates in or knowingly provides material support or resources . . . to a nuclear weapons program or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.”
  • Violence At International Airports: Someone who uses a weapon to “perform[] an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious bodily injury” faces a maximum prison sentence of 20 years if their actions do not result in a death.
  • Threatening The President: A person who threatens to kill the President, the President-elect, the Vice President or the Vice President-elect faces a maximum prison term of 5 years.
  • Assaulting A Supreme Court Justice: Assaults against very senior government officials, including Members of Congress, cabinet secretaries or Supreme Court justices are punished by a maximum prison sentence of just one year. If the assault “involved the use of a dangerous weapon, or personal injury results,” the maximum prison term is 10 years.

It should be noted that Swartz faced such a stiff sentence because prosecutors charged him with multiple federal crimes arising out of his efforts to download and distribute academic papers. Similarly, a person who robbed a bank, sold a slave, and then rounded out their day by breaking Justice Scalia’s nose would also risk spending the next 50 years in prison, just like Aaron Swartz did.

Indeed, if Swartz’s story reveals anything, it is the power of prosecutors to pressure defendants into plea bargains by stringing multiple criminal charges together and threatening outlandish prison sentences. Whatever one thinks of Swartz’s actions, which were likely illegal and probably should be illegal, it is difficult to justify treating him as if he were a more dangerous criminal than someone who flies into a rage and kills their own brother.

This post was originally published by ThinkProgress.

 

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292 comments

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2:15PM PST on Jan 21, 2013

I too would like to know what we can do about this tragedy for Aaron his family and friends and the travesty of justice our government is guilty of.

2:13PM PST on Jan 21, 2013

I too would like to know what we can do about this tragedy for Aaron and his family and the travesty of justice our government is guilty of.

8:09AM PST on Jan 21, 2013

Mike L: what you said . . . "if he was unjustly sentenced the people won't stand for it". I wish that were true. We are all sharing comments about this travesty - but who among us is going to do a damn thing about it? The reason the greedy continually get away with victimizing/controlling/abusing the common citizen is . . . THEY CAN! I just want to know . . . what are we going to do about it?

9:09PM PST on Jan 20, 2013

I was thinking that some people on this page would be interested in this petition:

http://www.justice-not-politics.com/

it's a general protest statement against rogue prosecutors (like Mike Nifong and Giuliano Mignini), bad judges and corrupt cops who ruin lives to further their own careers.

Strongly recommended.

7:52AM PST on Jan 20, 2013

I found out what he actually did. He downloaded papers which were either free to access or cost a couple of cents. It's the equivalent of taking out too many library books - cost is the same but the maximum amount in a timeframe was exceeded. That's it. It was a victimless crime he was accused of.

12:54PM PST on Jan 19, 2013

sickening, the government is so scared of people that tell the truth, think twice next time anyone believes the two party system is good

4:25PM PST on Jan 18, 2013

IF this is true, the public won't stand for it.

7:54AM PST on Jan 18, 2013

In defense of people who fly into rages and murder their brothers, such people are not criminals, but psychologically disturbed individuals in need of skilled and considerate handling. Although I am sympathetic to the situation of God's child, Mr. Schwartz, being driven to take his own life because of our legal system, in which prosecutors and others in the law enforcement business, destroy immorally the lives of others to make a livlihood and good reputation for themselves and their families, the mentally disturbed should not be considered criminals. It is not acceptable to treat others hatefully and with lack of consideration.

7:27AM PST on Jan 18, 2013

Authoritarian New World Order obviously declare him a Terrorist in their bogus War On Terror as ussual. Authorities within government & corporations commit the most severe crimes but are rarely ever prosecuted as they are untouchable to be above the law. There ain't no law to pay tax but one will be thrown in prison for not paying it so really certain laws are a con that is fabricated for them to get away with whatever they want. The justice system is a joke with much false illusion & for profit & greed open for abuse. Whistle blowers blowing the lid on government corruption have faced life inprisonment, so if this is real justice then it's obvious that the tyrannts in high places behind closed doors call all the shots.

4:05AM PST on Jan 18, 2013

Why to kill such a man?

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Glad they came to the right decision. Would like to add: not a good idea to fight with the police.

He is definitely high on my hero list as are the others that help to reunite.

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