Thanks for flagging this, Ben; am thinking of you all today.
This inexcusable passivity, to my mind, is quite reprehensible enough in and of itself:
MIT took the position that U.S. v. Swartz was simply a lawsuit to which it was not a party,
although it did inform the U.S. Attorney’s Office that the prosecution should
not be under the impression that MIT wanted jail time for Aaron Swartz. (MIT
did not say it was actually opposed to jail time.) Among the factors not
considered were that the defendant was an accomplished and well-known
contributor to Internet technology; that the Computer Fraud and Abuse Act is
a poorly drafted and questionable criminal law as applied to modern
computing, one that affects the Internet community as a whole and is widely
criticized; and that the United States government was pursuing an overtly
aggressive prosecution. MIT’s position may have been prudent, but it did not
duly take into account the wider background of information policy against
which the prosecution played out and in which MIT people have traditionally
been passionate leaders.
Bettina Neuefeind
Research Fellow, Harvard Law School