Original subtitles

[ SILENCE ]

[ THUNDER RUMBLES ]

A CO-FOUNDER OF THE SOCIAL

NEWS AND ENTERTAINMENT WEBSITE

REDDIT HAS BEEN FOUND DEAD.

HE CERTAINLY WAS A PRODIGY,

ALTHOUGH HE NEVER KIND OF

THOUGHT OF HIMSELF LIKE THAT.

HE WAS TOTALLY UNEXCITED

ABOUT STUDYING BUSINESSES AND

MAKING MONEY.

THERE'S A PROFOUND SENSE OF

LOSS TONIGHT IN HIGHLAND PARK,

AARON SWARTZ'S HOMETOWN, AS

LOVED ONES SAY GOODBYE TO ONE OF

THE INTERNET'S BRIGHTEST LIGHTS.

...OPEN ACCESS AND COMPUTER

ACTIVISTS ARE MOURNING HIS LOSS.

AN ASTONISHING INTELLECT.

YOU TALK TO PEOPLE WHO KNEW HIM.

HE WAS KILLED BY THE

GOVERNMENT, AND MIT BETRAYED ALL

OF ITS BASIC PRINCIPLES.

THEY WANTED TO MAKE AN

EXAMPLE OUT OF HIM, OKAY?

GOVERNMENTS HAVE AN

INSATIABLE DESIRE TO CONTROL.

HE WAS POTENTIALLY FACING 35

YEARS IN PRISON AND A $1 MILLION

FINE.

RAISING QUESTIONS OR

PROSECUTORIAL ZEAL AND I WOULD

SAY EVEN MISCONDUCT.

HAVE YOU LOOKED INTO THAT

PARTICULAR MATTER AND REACHED

ANY CONCLUSIONS?

GROWING UP, YOU KNOW, I

SLOWLY HAD THIS PROCESS OF

REALIZING THAT ALL THE THINGS

AROUND ME THAT PEOPLE HAD TOLD

ME WERE JUST THE NATURAL WAY

THINGS WERE, THE WAY THINGS

ALWAYS WOULD BE.

THEY WEREN'T NATURAL AT ALL.

THEY WERE THINGS THAT COULD BE

CHANGED, AND THEY WERE THINGS

THAT, MORE IMPORTANTLY, WERE

WRONG AND SHOULD CHANGE.

AND ONCE I REALIZED THAT, THERE

WAS REALLY KIND OF NO GOING

BACK.

WELCOME TO STORY READING TIME.

THE NAME OF THE BOOK IS

"PADDINGTON AT THE FAIR."

WELL, HE WAS BORN IN

HIGHLAND PARK AND GREW UP HERE.

AARON CAME FROM A FAMILY OF

THREE BROTHERS, ALL

EXTRAORDINARILY BRIGHT.

THE BOX IS TIPPING OVER!

AAH!

SO, WE WERE ALL, YOU KNOW,

NOT THE BEST-BEHAVED CHILDREN,

AND, YOU KNOW, THREE BOYS

RUNNING AROUND ALL THE TIME

CAUSING TROUBLE.

HEY, NO, NO, NO.

AARON!

WHAT?

BUT I'VE COME TO THE

REALIZATION AARON LEARNED HOW TO

LEARN AT A VERY YOUNG AGE.

1, 2, 3, 4, 5,

6, 7, 8, 9, 10.

KNOCK, KNOCK.

WHO'S THERE?

AARON.

AARON WHO?

AARON FUNNYMAN.

HE KNEW WHAT HE WANTED, AND

HE ALWAYS WANTED TO DO IT.

HE ALWAYS ACCOMPLISHED WHAT HE

WANTED.

HIS CURIOSITY WAS ENDLESS.

HERE'S A LITTLE PICTURE OF

WHAT THE PLANETS ARE.

AND EACH PLANET HAS A SYMBOL.

MERCURY'S SYMBOL, VENUS' SYMBOL,

EARTH'S SYMBOL, MARS' SYMBOL,

JUPITER'S SYMBOL...

ONE DAY HE SAID TO SUSAN,

"WHAT'S THIS FREE FAMILY

ENTERTAINMENT DOWNTOWN

HIGHLAND PARK?"

FREE FAMILY ENTERTAINMENT

DOWNTOWN HIGHLAND PARK.

HE WAS 3 AT THE TIME, AND SHE

SAID, "WHAT ARE YOU TALKING

ABOUT?"

HE SAID, "LOOK, IT SAYS HERE ON

THE REFRIGERATOR.

FREE FAMILY ENTERTAINMENT

DOWNTOWN HIGHLAND PARK."

AND SO, SHE WAS FLOORED AND

ASTONISHED THAT HE COULD READ.

IT'S CALLED

"MY FAMILY SEDER."

"THE SEDER NIGHT IS DIFFERENT

FROM ALL OTHER NIGHTS."

I REMEMBER ONCE WE WERE AT

THE UNIVERSITY OF CHICAGO

LIBRARY.

I PULLED A BOOK OFF THE SHELF

THAT WAS FROM LIKE 1900 AND

SHOWED HIM AND SAID, YOU KNOW,

"THIS IS REALLY JUST AN

EXTRAORDINARY PLACE."

WE ALL WERE CURIOUS CHILDREN,

BUT AARON REALLY LIKED LEARNING

AND REALLY LIKED TEACHING.

AND TODAY WE'RE GOING TO

LEARN THE ABCs BACKWARDS.

Z, Y, X, W, V, U, T...

I REMEMBER HE CAME HOME FROM

HIS FIRST ALGEBRA CLASS, AND HE

WAS LIKE, "NOAH, LET ME TEACH

YOU ALGEBRA."

AND I'M LIKE, "WHAT IS ALGEBRA?"

AND HE WAS ALWAYS LIKE THAT.

NOW YOU PRESS THE CLICK

BUTTON.

THERE. NOW IT'S GOT THAT.

NOW IT'S IN PEACE.

WHEN HE WAS ABOUT 2 OR 3

YEARS OLD AND BOB INTRODUCED HIM

TO COMPUTERS, THEN HE JUST TOOK

OFF LIKE CRAZY ON THEM.

GO PRESS THAT ONE TO A, B, C.

WE ALL HAD COMPUTERS, BUT

AARON REALLY TOOK TO THEM,

REALLY TOOK TO THE INTERNET.

LOOKING AT THE COMPUTER?

UH-HUH.

MOMMY, WHY IS NOTHING WORKING?

HE STARTED PROGRAMMING FROM A

REALLY YOUNG AGE.

I REMEMBER THE FIRST PROGRAM

THAT I WROTE WITH HIM WAS IN

BASIC, AND IT WAS A "STAR WARS"

TRIVIA GAME.

HE SAT DOWN WITH ME IN THE

BASEMENT WHERE THE COMPUTER WAS

FOR HOURS PROGRAMMING THIS GAME.

THE PROBLEM THAT I KEPT HAVING

WITH HIM IS THERE WAS NOTHING

THAT I WANTED DONE, AND TO HIM,

THERE WAS ALWAYS SOMETHING TO

DO, ALWAYS SOMETHING THAT

PROGRAMMING COULD SOLVE.

THE WAY AARON ALWAYS SAW IT IS

THAT PROGRAMMING IS MAGIC,

RIGHT?

YOU CAN ACCOMPLISH THESE THINGS

THAT NORMAL HUMANS CAN'T.

AARON MADE AN ATM USING,

LIKE, A MACINTOSH AND, LIKE, A

CARDBOARD BOX.

ONE YEAR FOR HALLOWEEN, I

DIDN'T KNOW WHAT I WANTED TO BE,

AND HE THOUGHT IT WOULD BE

REALLY, REALLY COOL IF I DRESSED

UP LIKE HIS NEW FAVORITE

COMPUTER, WHICH, AT THE TIME,

WAS THE ORIGINAL iMAC.

I MEAN, HE HATED DRESSING UP FOR

HALLOWEEN, BUT HE LOVED

CONVINCING OTHER PEOPLE TO DRESS

UP AS THINGS THAT HE WANTED TO

SEE.

AARON. HOST, AARON.

GUYS, COME ON.

LOOK AT THE CAMERA.

HE MADE THIS WEBSITE CALLED

"THE INFO," WHERE PEOPLE CAN

JUST FILL IN INFORMATION.

LIKE, I'M SURE SOMEONE OUT THERE

KNOWS ALL ABOUT GOLD, GOLD

LEAFING.

WHY DON'T THEY WRITE ABOUT THAT

ON THIS WEBSITE?

AND THEN OTHER PEOPLE COULD

COME AT A LATER POINT AND READ

THAT INFORMATION AND EDIT THE

INFORMATION IF THEY THOUGHT IT

WAS BAD, NOT TOO DISSIMILAR FROM

WIKIPEDIA, RIGHT?

AND THIS WAS BEFORE WIKIPEDIA

HAD BEGUN, AND THIS WAS

DEVELOPED BY A 12-YEAR-OLD IN

HIS ROOM BY HIMSELF RUNNING ON,

YOU KNOW, THIS TINY SERVER USING

ANCIENT TECHNOLOGY.

AND ONE OF THE TEACHERS'

RESPONSE LIKE, "THIS IS A

TERRIBLE IDEA.

YOU CAN'T JUST, LIKE, LET ANYONE

AUTHOR THE DICTI-- LIKE, AUTHOR

THE ENCYCLOPEDIA.

THE WHOLE REASON WE HAVE

SCHOLARS IS TO WRITE THESE BOOKS

FOR US.

HOW DID YOU EVER HAVE SUCH A

TERRIBLE IDEA?"

ME AND MY OTHER BROTHER WOULD BE

LIKE, "OH, YOU KNOW, YEAH,

WIKIPEDIA'S COOL, BUT WE HAD

THAT IN OUR HOUSE LIKE FIVE

YEARS AGO."

AARON'S WEBSITE, theinfo.org,

WINS A SCHOOL COMPETITION HOSTED

BY THE CAMBRIDGE-BASED

WEB-DESIGN FIRM ArsDigita.

WE ALL WENT TO CAMBRIDGE WHEN

HE WON THE ArsDigita PRIZE.

AND, YOU KNOW, WE HAD NO CLUE

WHAT AARON WAS DOING.

IT WAS OBVIOUS THAT THE PRIZE

WAS REALLY IMPORTANT.

AARON SOON BECAME INVOLVED

WITH ONLINE PROGRAMMING

COMMUNITIES THEN IN THE PROCESS

OF SHAPING A NEW TOOL FOR THE

WEB.

HE COMES UP TO ME AND IS

LIKE, "BEN, THERE'S THIS REALLY

AWESOME THING THAT I'M WORKING

ON.

YOU NEED TO HEAR ABOUT IT."

I'M LIKE, "YEAH, WHAT IS IT?"

SAYS, "IT'S THIS THING CALLED

RSS."

AND HE EXPLAINS TO ME WHAT RSS

IS.

I'M LIKE, "WHY IS THAT USEFUL,

AARON?

LIKE, IS ANY SITE USING IT?

LIKE, WHY WOULD I WANT TO USE

IT?"

THERE WAS THIS MAILING LIST

FOR PEOPLE WHO ARE WORKING ON

RSS AND XML MORE GENERALLY, AND

THERE WAS A PERSON ON IT NAMED

AARON SWARTZ WHO WAS COMBATIVE

BUT VERY SMART AND WHO HAD LOTS

OF GOOD IDEAS.

AND HE DIDN'T EVER COME TO THE

FACE-TO-FACE MEETINGS, AND THEY

SAID, YOU KNOW, "WHEN ARE YOU

GONNA COME OUT TO ONE OF THESE

FACE-TO-FACE MEETINGS?"

AND HE SAID, YOU KNOW, "I DON'T

THINK MY MOM WOULD LET ME.

YOU KNOW, I JUST TURNED 14."

AND SO THEIR FIRST REACTION WAS,

WELL, YOU KNOW, "THIS PERSON,

THIS COLLEAGUE WE'VE BEEN

WORKING WITH ALL YEAR, WAS 13

YEARS OLD WHILE WE'RE WORKING

HIM, AND HE'S ONLY 14 NOW."

AND THEIR SECOND REACTION WAS,

"CHRIST, WE REALLY WANT TO MEET

HIM."

YOU KNOW, THAT'S EXTRAORDINARY.

HE WAS PART OF THE COMMITTEE

THAT DRAFTED RSS.

WHAT HE WAS DOING WAS TO HELP

BUILD THE PLUMBING FOR MODERN

HYPERTEXT.

AND THE PIECE THAT HE WAS

WORKING ON, RSS, WAS A TOOL THAT

YOU CAN USE TO GET SUMMARIES OF

THINGS THAT ARE GOING ON IN

OTHER WEB PAGES.

MOST COMMONLY WOULD USE THIS FOR

A BLOG.

YOU MIGHT HAVE 10 OR 20 PEOPLE'S

BLOGS YOU WANT TO READ.

YOU USE THEIR RSS FEEDS, THESE

SUMMARIES OF WHAT'S GOING ON, ON

THOSE OTHER PAGES, TO CREATE A

UNIFIED LIST OF ALL THE STUFF

THAT'S GOING ON.

AARON WAS REALLY YOUNG, BUT HE

UNDERSTOOD THE TECHNOLOGY AND HE

SAW THAT IT WAS IMPERFECT AND

LOOKED FOR WAYS TO HELP MAKE IT

BETTER.

SO, HIS MOM STARTED BUNDLING

HIM ON PLANES IN CHICAGO.

WE'D PICK HIM UP IN

SAN FRANCISCO.

WE'D INTRODUCE HIM TO

INTERESTING PEOPLE TO ARGUE

WITH.

AND WE'D MARVEL AT HIS HORRIFIC

EATING HABITS.

HE ONLY ATE WHITE FOOD.

ONLY, LIKE, YOU KNOW, STEAMED

RICE -- NOT FRIED RICE, 'CAUSE

THAT WASN'T SUFFICIENTLY

WHITE -- AND WHITE BREAD AND SO

ON.

AND, YOU KNOW, YOU KIND OF

MARVEL AT THE QUALITY OF THE

DEBATE EMERGING FROM THIS WHAT

APPEARED TO BE A SMALL BOY'S

MOUTH, AND YOU THINK, YOU KNOW,

"THIS IS A KID WHO'S REALLY

GONNA GO SOMEWHERE IF HE DOESN'T

DIE OF SCURVY."

AARON, YOU'RE UP.

I THINK THE DIFFERENCE IS

THAT NOW YOU CAN'T MAKE

COMPANIES, LIKE DOC WAS SAYING.

YOU CAN'T HAVE COMPANIES THAT

JUST, YOU KNOW, LET'S SELL DOG

FOOD OVER THE INTERNET, SELL DOG

FOOD OVER CELLPHONES.

BUT THERE'S STILL A LOT OF

INNOVATION GOING ON.

I THINK IF YOU DON'T SEE THE

INNOVATION, MAYBE YOUR HEAD IS

IN THE SAND.

HE TAKES ON THIS ALPHA-NERD

PERSONALITY WHERE HE'S SORT OF

LIKE, "I'M SMARTER THAN YOU.

AND BECAUSE I'M SMARTER THAN

YOU, I'M BETTER THAN YOU AND I

CAN TELL YOU WHAT TO DO."

IT'S AN EXTENSION OF, LIKE, HIM

BEING KIND OF LIKE A TWERP.

[ CHUCKLES ]

SO, YOU AGGREGATE ALL THESE

COMPUTERS TOGETHER, AND NOW

THEY'RE SOLVING BIG PROBLEMS,

LIKE SEARCHING FOR ALIENS OR

TRYING TO CURE CANCER.

FIRST MET HIM IN IRC --

INTERNET RELAY CHAT.

AND HE DIDN'T JUST WRITE CODE.

HE ALSO SORT OF GOT PEOPLE

EXCITED ABOUT SOLVING PROBLEMS.

HE WAS A CONNECTOR.

THE FREE CULTURE MOVEMENT HAD A

LOT OF HIS ENERGY.

I THINK AARON WAS TRYING TO MAKE

THE WORLD WORK.

HE WAS TRYING TO FIX IT.

HE HAD A VERY KIND OF STRONG

PERSONALITY THAT DEFINITELY

RUFFLED FEATHERS AT TIMES.

IT WASN'T NECESSARILY THE CASE

THAT HE WAS ALWAYS COMFORTABLE

IN THE WORLD AND THE WORLD

WASN'T ALWAYS COMFORTABLE WITH

HIM.

AARON GOT INTO HIGH SCHOOL

AND WAS REALLY JUST SICK OF

SCHOOL.

HE DIDN'T LIKE IT.

HE DIDN'T LIKE ANY OF THE

CLASSES THAT WERE BEING TAUGHT.

HE DIDN'T LIKE THE TEACHERS.

AARON REALLY KNEW, LIKE, HOW TO

GET INFORMATION.

HE WAS LIKE, "I DON'T NEED TO GO

TO THIS TEACHER TO LEARN HOW TO

DO GEOMETRY.

I CAN JUST READ THE GEOMETRY

BOOK.

AND I DON'T NEED TO GO TO THIS

TEACHER TO LEARN THEIR VERSION

OF AMERICAN HISTORY.

I HAVE, LIKE, THREE HISTORICAL

COMPILATIONS HERE.

I CAN JUST READ THEM.

AND I'M NOT INTERESTED IN THAT.

I'M INTERESTED IN THE WEB."

WAS VERY FRUSTRATED WITH

SCHOOL.

I THOUGHT, YOU KNOW, THE

TEACHERS DIDN'T KNOW WHAT THEY

WERE TALKING ABOUT AND THEY WERE

VERY DOMINEERING AND CONTROLLING

AND THE HOMEWORK WAS KIND OF A

SHAM.

AND IT WAS JUST, LIKE, YOU KNOW,

ALL A WAY TO PIN STUDENTS

TOGETHER AND FORCE THEM TO DO

BUSY WORK.

AND, YOU KNOW, I STARTED READING

BOOKS ABOUT, LIKE, THE HISTORY

OF EDUCATION AND HOW THIS

EDUCATIONAL SYSTEM WAS DEVELOPED

AND, YOU KNOW, ALTERNATIVES TO

IT AND WAYS THAT PEOPLE COULD

ACTUALLY LEARN THINGS AS OPPOSED

TO JUST REGURGITATING FACTS THAT

TEACHERS TOLD THEM.

AND THAT KIND OF LED ME DOWN

THIS PATH OF QUESTIONING THINGS.

YOU KNOW, ONCE I QUESTIONED THE

SCHOOL I WAS IN OR QUESTIONED

THE SOCIETY THAT BUILT THE

SCHOOL, I QUESTIONED THE

BUSINESSES THE SCHOOLS WERE

TRAINING PEOPLE FOR, AND I

QUESTIONED THE GOVERNMENT THAT,

YOU KNOW, SET UP THIS WHOLE

STRUCTURE.

ONE OF THE THINGS HE WAS MOST

PASSIONATE ABOUT WAS COPYRIGHT,

ESPECIALLY IN THOSE EARLY DAYS.

COPYRIGHT HAS ALWAYS BEEN

SOMETHING OF A BURDEN ON THE

PUBLISHING INDUSTRY AND ON

READERS, BUT IT WASN'T AN

EXCESSIVE BURDEN.

IT WAS A REASONABLE INSTITUTION

TO HAVE IN PLACE TO MAKE SURE

THAT PEOPLE GOT PAID.

WHAT AARON'S GENERATION

EXPERIENCED WAS THE COLLISION

BETWEEN THIS ANTIQUE COPYRIGHT

SYSTEM AND THIS AMAZING, NEW

THING WE WERE TRYING TO BUILD,

THE INTERNET AND THE WEB.

THESE THINGS COLLIDED, AND WHAT

WE GOT WAS CHAOS.

HE THEN MET HARVARD LAW

PROFESSOR LAWRENCE LESSIG, WHO

WAS THEN CHALLENGING COPYRIGHT

LAW IN THE SUPREME COURT.

A YOUNG AARON SWARTZ FLEW TO

WASHINGTON TO LISTEN TO THE

SUPREME COURT HEARINGS.

I AM AARON SWARTZ, AND I AM

HERE TO LISTEN TO THE -- TO SEE

THE ELDRED ARGUMENT.

WHY DID YOU FLY OUT HERE FROM

CHICAGO AND COME ALL THIS WAY TO

SEE THE ELDRED ARGUMENT?

THAT'S A MORE DIFFICULT

QUESTION.

'CAUSE I -- I DON'T KNOW.

VERY EXCITING TO SEE THE SUPREME

COURT, ESPECIALLY SUCH A

PRESTIGIOUS CASE AS THIS ONE.

LESSIG WAS ALSO MOVING

FORWARD WITH A NEW WAY TO DEFINE

COPYRIGHT ON THE INTERNET.

IT WAS CALLED CREATIVE COMMONS.

SO, THE SIMPLE IDEA OF

CREATIVE COMMONS IS TO GIVE

PEOPLE CREATORS, A SIMPLE WAY TO

MARK THEIR CREATIVITY WITH THE

FREEDOMS THEY INTENDED TO CARRY.

SO, IF COPYRIGHT IS ALL ABOUT

"ALL RIGHTS RESERVED," THEN THIS

IS A KIND OF "SOME RIGHTS

RESERVED."

I WANT A SIMPLE WAY TO SAY TO

YOU, "HERE'S WHAT YOU CAN DO

WITH MY WORK, EVEN IF THERE ARE

OTHER THINGS WHICH YOU NEED TO

GET MY PERMISSION BEFORE YOU CAN

DO."

AND AARON'S ROLE WAS THE

COMPUTER PART.

LIKE, HOW DO YOU ARCHITECT THE

LICENSES SO IT'LL BE SIMPLE AND

UNDERSTANDABLE AND EXPRESSED IN

A WAY THAT MACHINES COULD

PROCESS IT?

AND PEOPLE ARE LIKE, "WHY DO

YOU HAVE THIS, YOU KNOW,

15-YEAR-OLD KID WRITING THE

SPECIFICATIONS FOR THE

CREATIVE COMMONS?

LIKE, DON'T YOU THINK THAT'S A

HUGE MISTAKE?"

AND LARRY'S LIKE, "THE BIGGEST

MISTAKE WE WOULD HAVE IS NOT

LISTENING TO THIS KID."

HE BARELY IS NOT EVEN TALL

ENOUGH TO GET OVER THE PODIUM,

AND IT WASN'T THESE MOVEABLE

PODIUMS.

IT WAS AN EMBARRASSING THING

WHERE ONCE HE PUT HIS SCREEN UP,

NOBODY COULD SEE HIS FACE.

[ CHUCKLES ]

WHEN YOU COME TO OUR WEBSITE

HERE AND YOU GO TO "CHOOSE

LICENSE," IT GIVES YOU THIS LIST

OF OPTIONS AND EXPLAINS WHAT IT

MEANS.

AND YOU FILL OUT THREE SIMPLE

QUESTIONS.

"DO YOU WANT TO REQUIRE

ATTRIBUTION?"

"DO YOU WANT TO ALLOW COMMERCIAL

USES OF YOUR WORK?"

"DO YOU WANT TO ALLOW

MODIFICATIONS OF YOUR WORK?"

I WAS FLOORED -- JUST

COMPLETELY FLABBERGASTED -- THAT

THESE ADULTS REGARDED HIM AS AN

ADULT.

AND AARON STOOD UP THERE IN

FRONT OF A WHOLE AUDIENCE FULL

OF PEOPLE AND JUST STARTED

TALKING ABOUT THE PLATFORM THAT

HE'D CREATED FOR

CREATIVE COMMONS.

AND THEY WERE ALL LISTENING TO

HIM.

JUST, I WAS SITTING AT THE BACK

THINKING, "HE'S JUST A KID.

WHY ARE THEY LISTENING TO HIM?"

BUT THEY DID.

WELL, I DON'T THINK I

COMPREHENDED IT FULLY.

THOUGH CRITICS HAVE SAID IT

DOES LITTLE TO ENSURE ARTISTS

GET PAID FOR THEIR WORK, THE

SUCCESS OF CREATIVE COMMONS HAS

BEEN ENORMOUS.

CURRENTLY ON THE WEBSITE FLICKR

ALONE, OVER 200 MILLION PEOPLE

USE SOME FORM OF

CREATIVE COMMONS LICENSE.

HE CONTRIBUTED THROUGH HIS

TECHNICAL ABILITIES, AND YET IT

WAS NOT SIMPLY A TECHNICAL

MATTER TO HIM.

AARON OFTEN WROTE CANDIDLY IN

HIS PERSONAL BLOG.

"I THINK DEEPLY ABOUT THINGS,

AND I WANT OTHERS TO DO

LIKEWISE.

I WORK FOR IDEAS AND LEARN FROM

PEOPLE.

I DON'T LIKE EXCLUDING PEOPLE.

I'M A PERFECTIONIST, BUT I WON'T

LET THAT GET IN THE WAY OF

PUBLICATION.

EXCEPT FOR EDUCATION AND

ENTERTAINMENT, I'M NOT GOING TO

WASTE MY TIME ON THINGS THAT

WON'T HAVE AN IMPACT.

I TRY TO BE FRIENDS WITH

EVERYONE, BUT I HATE IT WHEN YOU

DON'T TAKE ME SERIOUSLY.

I DON'T HOLD GRUDGES.

IT'S NOT PRODUCTIVE.

BUT I LEARN FROM MY EXPERIENCE.

I WANT TO MAKE THE WORLD A

BETTER PLACE."

IN 2004, SWARTZ LEAVES

HIGHLAND PARK AND ENROLLS IN

STANFORD UNIVERSITY.

HE HAD HAD ULCERATIVE

COLITIS, WHICH WAS VERY

TROUBLING, AND WE WERE CONCERNED

ABOUT HIM TAKING HIS MEDICATION.

HE GOT HOSPITALIZED, AND HE

WOULD TAKE THIS COCKTAIL OF

PILLS EVERY DAY.

AND ONE OF THOSE PILLS WAS A

STEROID, WHICH STUNTED HIS

GROWTH AND MADE HIM FEEL

DIFFERENT FROM ANY OF THE OTHER

STUDENTS.

AARON, I THINK, SHOWS UP AT

STANFORD READY TO DO A

SCHOLARSHIP AND FINDS HIMSELF IN

EFFECTIVELY A BABYSITTING

PROGRAM FOR OVERACHIEVING

HIGH-SCHOOLERS WHO, IN FOUR

YEARS, ARE MEANT TO BECOME, YOU

KNOW, CAPTAINS OF INDUSTRY AND

ONE-PERCENTERS.

AND, LIKE, I THINK IT JUST MADE

HIM BANANAS.

IN 2005, AFTER ONLY ONE YEAR

OF COLLEGE, SWARTZ WAS OFFERED A

SPOT AT THE NEW START-UP

INCUBATION FIRM CALLED

Y COMBINATOR, LED BY

PAUL GRAHAM.

HE'S LIKE, "HEY, I HAVE THIS

IDEA FOR A WEBSITE," AND

PAUL GRAHAM LIKES HIM ENOUGH AND

SAYS, "YEAH, SURE."

SO AARON DROPS OUT OF SCHOOL,

MOVES TO THIS APARTMENT.

SO, THIS USED TO BE AARON'S

APARTMENT WHEN HE MOVED HERE.

I HAVE BIG MEMORIES OF MY FATHER

TELLING ME HOW DIFFICULT IT WAS

TO GET A LEASE, 'CAUSE AARON HAD

NO CREDIT AND HE DROPPED OUT OF

COLLEGE.

AARON LIVED IN WHAT'S NOW THE

LIVING ROOM, AND SOME OF THE

POSTERS ARE LEFT OVER FROM WHEN

AARON LIVED HERE.

AND THEN THE LIBRARY.

THERE ARE MORE BOOKS, BUT A LOT

OF THEM ARE AARON'S.

AARON'S Y COMBINATOR SITE WAS

CALLED INFOGAMI, A TOOL TO BUILD

WEBSITES.

BUT INFOGAMI STRUGGLES TO FIND

USERS, AND SWARTZ EVENTUALLY

MERGES HIS COMPANY WITH ANOTHER

Y COMBINATOR PROJECT IN NEED OF

HELP.

IT WAS A PROJECT HEADED BY

STEVE HUFFMAN AND ALEXIS OHANIAN

CALLED REDDIT.

THERE WE WERE STARTING FROM

ALMOST NOTHING -- NO USERS, NO

MONEY, NO CODE -- AND GROWING

DAY BY DAY INTO A HUGELY POPULAR

WEBSITE.

AND IT SHOWED NO SIGNS OF

LETTING UP.

FIRST WE HAD 1,000 USERS, THEN

10,000, THEN 20,000, AND ON AND

ON.

IT WAS JUST INCREDIBLE.

REDDIT BECOMES HUGE, AND IT'S

A REAL SORT OF GEEKY CORNER OF

THE INTERNET.

THERE'S A LOT OF HUMOR, THERE'S

A LOT OF ART, AND THERE'S JUST

PEOPLE WHO FLOCK TO THE SITE AND

MAKE THAT SITE THE MAIN SITE

THEY GO TO EVERY MORNING TO GET

THEIR NEWS.

REDDIT KIND OF JUST BORDERS ON

CHAOS AT SOME LEVEL, SO ON THE

ONE HAND, IT'S A PLACE WHERE

PEOPLE DISCUSS NEWS OF THE DAY,

TECHNOLOGY, POLITICS, AND

ISSUES, AND YET THERE IS A LOT

OF KIND OF NOT-SAFE-FOR-WORK

MATERIAL, OFFENSIVE MATERIAL.

THERE'S SOME SUB-REDDITS WHERE

TROLLS FIND A WELCOME HOME.

AND SO, IN THAT SENSE, REDDIT

HAS BEEN KIND OF HOME TO

CONTROVERSY, AS WELL.

IT KIND OF SITS ON THAT EDGE OF

CHAOS.

REDDIT CATCHES THE ATTENTION

OF THE CORPORATE MAGAZINE GIANT

CONDé NAST, WHO MAKES AN OFFER

TO BUY THE COMPANY.

SOME LARGE AMOUNT OF MONEY,

LARGE ENOUGH THAT MY DAD WAS

GETTING BUGGED WITH QUESTIONS

ABOUT, LIKE, "HOW DO I STORE

THIS MONEY?"

LIKE, A LOT OF MONEY.

LIKE, A LOT OF MONEY.

LIKE...

PROBABLY MORE THAN A MILLION

DOLLARS, BUT I DON'T ACTUALLY

KNOW.

AND HE IS HOW OLD AT THE

TIME?

LIKE 19, 20.

SO, HE WAS IN THIS APARTMENT.

THEY, LIKE, SAT AROUND ON WHAT

PREDATED THESE COUCHES, HACKING

ON REDDIT.

AND WHEN THEY SOLD REDDIT, THEY

THREW A GIANT PARTY AND THEN ALL

FLEW OUT TO CALIFORNIA THE NEXT

DAY AND LEFT THE KEYS WITH ME.

IT WAS FUNNY.

YOU KNOW, HE JUST SOLD A

START-UP, SO WE ALL KIND OF

PRESUMED HE WAS THE RICHEST

PERSON AROUND, BUT HE SAID, "OH,

NO, I'LL TAKE THIS TINY, LITTLE

SHOEBOX-SIZED ROOM.

THAT'S ALL I NEED."

LIKE, IT WAS BARELY LARGER THAN

A CLOSET.

THE IDEA OF HIM SPENDING HIS

MONEY ON FANCY OBJECTS JUST

SEEMED SO IMPLAUSIBLE.

HE EXPLAINS, IT'S LIKE, "I

LIKE LIVING IN APARTMENTS, SO

I'M NOT GONNA SPEND A LOT OF

MONEY ON A NEW PLACE TO LIVE.

I'M NOT GONNA BUY A MANSION.

AND I LIKE WEARING JEANS AND A

T-SHIRT, SO I'M NOT GONNA SPEND

ANY MORE MONEY ON CLOTHES.

SO, LIKE, YOU KNOW, IT'S REALLY

NO BIG DEAL."

WHAT IS A BIG DEAL TO SWARTZ

IS HOW TRAFFIC FLOWS ON THE

INTERNET AND WHAT COMMANDS OUR

ATTENTION.

IN THE OLD SYSTEM OF

BROADCASTING, YOU ARE

FUNDAMENTALLY LIMITED BY THE

AMOUNT OF SPACE IN THE AIRWAVES,

YOU KNOW.

YOU CAN ONLY SEND OUT 10

CHANNELS OVER THE AIRWAVES OF

TELEVISION, RIGHT?

OR EVEN WITH CABLE, YOU HAD 500

CHANNELS.

ON THE INTERNET, EVERYBODY CAN

HAVE A CHANNEL.

EVERYONE CAN GET A BLOG OR A

MySpace PAGE.

EVERYONE HAS A WAY OF EXPRESSING

THEMSELVES.

AND SO, WHAT YOU SEE NOW IS NOT

A QUESTION OF WHO GETS ACCESS TO

THE AIRWAVES.

IT'S A QUESTION OF WHO GETS

CONTROL OVER THE WAYS YOU FIND

PEOPLE.

YOU KNOW, YOU START SEEING POWER

CENTRALIZING ON SITES LIKE

GOOGLE, THESE SORT OF

GATEKEEPERS THAT TELL YOU WHERE

ON THE INTERNET YOU WANT TO GO,

THE PEOPLE WHO PROVIDE YOU YOUR

SOURCES OF NEWS AND INFORMATION.

SO, IT'S NOT, YOU KNOW, ONLY

CERTAIN PEOPLE HAVE A LICENSE TO

SPEAK.

NOW EVERYONE HAS A LICENSE TO

SPEAK.

IT'S A QUESTION OF WHO GETS

HEARD.

AFTER HE STARTED WORKING IN

SAN FRANCISCO AT CONDé NAST, HE

COMES INTO THE OFFICE, AND THEY

WANT TO GIVE HIM A COMPUTER WITH

ALL THIS CRAP INSTALLED ON IT

AND SAY THAT HE CAN'T INSTALL

ANY NEW THINGS ON HIS COMPUTER,

WHICH TO A DEVELOPER IS

OUTRAGEOUS, RIGHT?

FROM THE FIRST DAY, HE WAS

COMPLAINING ABOUT ALL THIS

STUFF.

"GRAY WALLS, GRAY DESKS, GRAY

NOISE.

THE FIRST DAY I SHOWED UP HERE,

I SIMPLY COULDN'T TAKE IT.

BY LUNCHTIME, I HAD LITERALLY

LOCKED MYSELF IN A BATHROOM

STALL AND STARTED CRYING.

I CAN'T IMAGINE STAYING SANE

WITH SOMEONE BUZZING IN MY EAR

ALL DAY, LET ALONE GETTING AN

ACTUAL WORK DONE.

NOBODY ELSE SEEMS TO GET WORK

DONE HERE, EITHER.

EVERYBODY'S ALWAYS COMING INTO

OUR ROOM TO HANG OUT AND CHAT OR

INVITE US TO PLAY THE NEW

VIDEO-GAME SYSTEM THAT WIRED IS

TESTING."

HE REALLY HAD DIFFERENT

ASPIRATIONS THAT WERE

POLITICALLY ORIENTED.

AND SILICON VALLEY JUST DOESN'T

REALLY QUITE HAVE THAT CULTURE

THAT ORIENTS TECHNICAL ACTIVITY

FOR THE PURPOSES OF POLITICAL

GOALS.

AARON HATED WORKING FOR A

CORPORATION.

THEY ALL HATE WORKING FOR

CONDé NAST, BUT AARON IS, LIKE,

THE ONLY ONE WHO'S NOT GONNA

TAKE IT.

AND AARON BASICALLY GETS HIMSELF

FIRED BY NOT SHOWING UP TO WORK

EVER.

IT WAS SAID TO BE A MESSY

BREAKUP.

BOTH ALEXIS OHANIAN AND

STEVE HUFFMAN DECLINED TO BE

INTERVIEWED FOR THIS FILM.

HE REJECTED THE BUSINESS

WORLD.

ONE OF THE REALLY IMPORTANT

THINGS TO REMEMBER ABOUT THAT

CHOICE WHEN AARON DECIDED TO

KIND OF LEAVE START-UP CULTURE

IS THAT HE WAS ALSO LEAVING

BEHIND THE THINGS THAT HAD MADE

HIM FAMOUS AND WELL-LOVED.

AND, YOU KNOW, HE WAS AT RISK OF

LETTING DOWN FANS.

HE GOT TO WHERE HE WAS

SUPPOSED TO BE GOING AND HAD THE

SELF-AWARENESS AND THE

ORNERINESS TO REALIZE THAT HE

HAD CLIMBED THE MOUNTAIN OF SHIT

TO PLUCK THE SINGLE ROSE AND

DISCOVERED THAT HE'D LOST HIS

SENSE OF SMELL.

AND RATHER THAN SIT THERE AND

INSIST THAT IT WASN'T AS BAD AS

IT SEEMED AND HE DID GET THE

ROSE IN ANY EVENT, HE CLIMBED

BACK DOWN AGAIN, WHICH IS PRETTY

COOL.

THE WAY AARON ALWAYS SAW IT

IS THAT PROGRAMMING IS MAGIC,

RIGHT?

YOU CAN ACCOMPLISH THESE THINGS

THAT NORMAL HUMANS CAN'T BY

BEING ABLE TO PROGRAM.

SO, IF YOU HAD MAGICAL POWERS,

WOULD YOU USE THEM FOR GOOD OR

TO MAKE YOU MOUNTAINS OF CASH?

SWARTZ WAS INSPIRED BY ONE OF

THE VISIONARIES HE HAD MET AS A

CHILD, THE MAN WHO HAD INVENTED

THE WORLD WIDE WEB,

TIM BERNERS-LEE.

IN THE 1990s, BERNERS-LEE WAS

ARGUABLY SITTING ON ONE OF THE

MOST LUCRATIVE INVENTIONS OF THE

20th CENTURY, BUT INSTEAD OF

PROFITING FROM THE INVENTION OF

THE WORLD WIDE WEB, HE GAVE IT

AWAY FOR FREE.

IT IS THE ONLY REASON THE WORLD

WIDE WEB EXISTS TODAY.

AARON IS CERTAINLY DEEPLY

INFLUENCED BY TIM.

TIM IS CERTAINLY A VERY

PROMINENT EARLY INTERNET GENIUS

WHO DOESN'T IN ANY SENSE CASH

OUT.

HE'S NOT AT ALL INTERESTED IN

HOW HE'S GOING TO FIGURE OUT HOW

TO MAKE A BILLION DOLLARS.

PEOPLE WOULD HAVE SEEN, AH,

THERE'S MONEY TO BE MADE THERE.

THERE WOULD HAVE BEEN LOTS OF

LITTLE WEBS INSTEAD OF ONE BIG

ONE.

AND ONE LITTLE WEB AND LOTS OF

LITTLE WEBS DOESN'T WORK,

BECAUSE YOU CAN'T FOLLOW LINKS

FROM ONE TO THE OTHER.

NO, YOU HAVE TO HAVE THE

CRITICAL MASS FOR THIS THING

WITH THE ENTIRE PLANET.

SO, IT'S NOT GONNA WORK UNLESS

THE WHOLE PLANET CAN GET ON

BOARD.

I MEAN, I, YOU KNOW, FEEL

VERY STRONGLY THAT IT'S NOT

ENOUGH TO JUST LIVE IN THE WORLD

AS IT IS, TO JUST KIND OF TAKE

WHAT YOU'RE GIVEN AND, YOU KNOW,

FOLLOW THE THINGS THAT ADULTS

TOLD YOU TO DO AND THAT, YOU

KNOW, YOUR PARENTS TOLD YOU TO

DO AND THAT SOCIETY TELLS YOU TO

DO.

I THINK YOU SHOULD ALWAYS BE

QUESTIONING.

YOU KNOW, I TAKE THIS VERY

SCIENTIFIC ATTITUDE THAT

EVERYTHING YOU'VE LEARNED IS

JUST PROVISIONAL, THAT, YOU

KNOW, IT'S ALWAYS OPEN TO

RECANTATION OR REFUTATION OR

QUESTIONING.

AND I THINK THE SAME APPLIES TO

SOCIETY.

ONCE I REALIZED THAT THERE WERE

REAL, SERIOUS PROBLEMS,

FUNDAMENTAL PROBLEMS, THAT I

COULD DO SOMETHING TO ADDRESS, I

DIDN'T SEE A WAY TO FORGET THAT.

I DIDN'T SEE A WAY NOT TO.

WE JUST STARTED SPENDING A

LOT OF TIME JUST KIND OF AS

FRIENDS.

WE WOULD JUST TALK FOR HOURS

INTO THE NIGHT.

I DEFINITELY SHOULD HAVE

UNDERSTOOD THAT HE WAS FLIRTING

WITH ME.

I THINK TO SOME DEGREE, I WAS

LIKE, "THIS IS A TERRIBLE IDEA

AND IMPOSSIBLE, AND THEREFORE I

WILL PRETEND IT IS NOT

HAPPENING."

AS MY MARRIAGE WAS BREAKING DOWN

AND I WAS REALLY STUCK WITH NOT

ANYWHERE TO GO, WE BECAME

ROOMMATES AND BROUGHT MY

DAUGHTER OVER.

WE MOVED IN AND FURNISHED THE

HOUSE, AND IT WAS REALLY

PEACEFUL.

MY LIFE HAD NOT BEEN PEACEFUL

FOR A WHILE, AND REALLY NEITHER

HAD HIS.

WE WERE EXTREMELY CLOSE FROM THE

BEGINNING OF OUR ROMANTIC

RELATIONSHIP.

WE JUST -- WE WERE IN CONSTANT

CONTACT.

BUT WE'RE BOTH REALLY DIFFICULT

PEOPLE TO DEAL WITH.

[ CHUCKLES ]

IN A VERY ALLY McBEAL

DISCUSSION, HE CONFESSED HE HAD

A THEME SONG, AND I MADE HIM

PLAY IT FOR ME.

IT WAS "EXTRAORDINARY MACHINE"

BY FIONA APPLE.

I THINK IT WAS JUST THAT SENSE

OF KIND OF BEING A LITTLE BIT

EMBATTLED THAT THE SONG HAS.

AND IT ALSO HAD, LIKE, THIS

HOPEFULNESS TO IT.

* BY FOOT, IT'S A SLOW

CLIMB *

* BUT I'M GOOD AT BEING

UNCOMFORTABLE *

* SO I CAN'T STOP CHANGING ALL

THE TIME *

IN MANY WAYS, AARON WAS

TREMENDOUSLY OPTIMISTIC ABOUT

LIFE.

EVEN WHEN HE DIDN'T FEEL IT, HE

COULD BE TREMENDOUSLY OPTIMISTIC

ABOUT LIFE.

* EXTRAORDINARY MACHINE

WHAT ARE YOU DOING?

FLICKR HAS VIDEO NOW.

SWARTZ THREW HIS ENERGY INTO

A STRING OF NEW PROJECTS

INVOLVING ACCESS TO PUBLIC

INFORMATION, INCLUDING AN

ACCOUNTABILITY WEBSITE CALLED

watchdog.net AND A PROJECT

CALLED THE OPEN LIBRARY.

THE OPEN LIBRARY PROJECT IS A

WEBSITE YOU CAN VISIT AT

openlibrary.org, AND THE IDEA IS

TO BE A HUGE WIKI, AN EDITABLE

WEBSITE WITH ONE PAGE PER BOOK.

SO, FOR EVERY BOOK EVER

PUBLISHED, WE WANT TO HAVE A WEB

PAGE ABOUT IT THAT COMBINES ALL

THE INFORMATION FROM PUBLISHERS,

FROM BOOK SELLERS, FROM

LIBRARIES, FROM READERS ON TO

ONE SITE AND THEN GIVES YOU

LINKS WHERE YOU CAN BUY IT, YOU

CAN BORROW IT, OR YOU CAN BROWSE

IT.

I LOVE LIBRARIES.

YOU KNOW, I'M THE KIND OF PERSON

WHO GOES TO A NEW CITY AND

IMMEDIATELY SEEKS OUT THE

LIBRARY.

THAT'S THE DREAM OF OPEN LIBRARY

IS BUILDING THIS WEBSITE WHERE

BOTH YOU CAN LEAP FROM BOOK TO

BOOK, FROM PERSON TO AUTHOR,

FROM SUBJECT TO IDEA, GO THROUGH

THIS VAST TREE OF KNOWLEDGE

THAT'S BEEN IMBEDDED AND LOST IN

BIG PHYSICAL LIBRARIES, THAT'S

HARD TO FIND, THAT'S NOT VERY

WELL-ACCESSIBLE ONLINE.

IT'S REALLY IMPORTANT BECAUSE

BOOKS ARE OUR CULTURAL LEGACY.

YOU KNOW, BOOKS ARE THE PLACE

PEOPLE GO TO WRITE THINGS DOWN.

AND TO HAVE ALL THAT SWALLOWED

UP BY ONE CORPORATION IS KIND OF

SCARY.

HOW CAN YOU BRING PUBLIC

ACCESS TO THE PUBLIC DOMAIN?

IT MAY SOUND OBVIOUS THAT YOU'D

HAVE PUBLIC ACCESS TO PUBLIC

DOMAIN, BUT THE FACT IT'S NOT

TRUE.

SO THE PUBLIC DOMAIN SHOULD BE

FREE TO ALL, BUT IT'S OFTEN

LOCKED UP.

IT IS OFTEN, YOU KNOW, GUARD

CAGES.

IT'S LIKE HAVING A NATIONAL PARK

BUT WITH A MOAT AROUND IT AND

GUN TURRETS POINTED OUT IN CASE

SOMEBODY MIGHT WANT TO ACTUALLY

COME AND ENJOY THE PUBLIC

DOMAIN.

ONE OF THE THINGS AARON WAS

PARTICULARLY INTERESTED IN IS

BRINGING PUBLIC ACCESS TO THE

PUBLIC DOMAIN.

IT IS ONE OF THE THINGS THAT GOT

HIM INTO SO MUCH TROUBLE.

I HAD BEEN TRYING TO GET

ACCESS TO FEDERAL COURT RECORDS

IN THE UNITED STATES.

WHAT I DISCOVERED WAS A PUZZLING

SYSTEM CALLED PACER, WHICH

STANDS FOR "PUBLIC ACCESS TO

COURT ELECTRONIC RECORDS."

I STARTED GOOGLING, AND THAT'S

WHEN I RAN ACROSS CARL MALAMUD.

ACCESS TO LEGAL MATERIALS IN

THE UNITED STATES IS A

$10 BILLION-PER-YEAR BUSINESS.

PACER IS JUST THIS INCREDIBLE

ABOMINATION OF GOVERNMENT

SERVICE.

IT'S 10 CENTS A PAGE.

IT'S THIS MOST BRAIN-DEAD CODE

YOU'VE EVER SEEN.

YOU CAN'T SEARCH IT.

YOU CAN'T BOOKMARK ANYTHING.

YOU GOT TO HAVE A CREDIT CARD.

AND THESE ARE PUBLIC RECORDS.

YOU KNOW, U.S. DISTRICT COURTS

ARE VERY IMPORTANT.

IT'S WHERE A LOT OF OUR SEMINAL

LITIGATION STARTS.

YOU KNOW, CIVIL-RIGHTS CASES,

PATENT CASES, ALL SORTS OF

STUFF.

AND JOURNALISTS AND STUDENTS AND

CITIZENS AND LAWYERS ALL NEED

ACCESS TO PACER, AND IT FIGHTS

THEM EVERY STEP OF THE WAY.

PEOPLE WITHOUT MEANS CAN'T SEE

THE LAW AS READILY AS PEOPLE

THAT HAVE THAT GOLD

AMERICAN EXPRESS CARD.

IT'S A POLL TAX ON ACCESS TO

JUSTICE.

YOU KNOW, THE LAW IS THE

OPERATING SYSTEM OF OUR

DEMOCRACY, AND YOU HAVE TO PAY

TO SEE IT?

YOU KNOW, THAT'S NOT MUCH OF A

DEMOCRACY.

THEY MAKE ABOUT $120 MILLION

A YEAR ON THE PACER SYSTEM, AND

IT DOESN'T COST ANYTHING NEAR

THAT, ACCORDING TO THEIR OWN

RECORDS.

IN FACT, IT'S ILLEGAL.

THE E-GOVERNMENT ACT OF 2002

STATES THAT THE COURTS MAY

CHARGE ONLY TO THE EXTENT

NECESSARY IN ORDER TO REIMBURSE

THE COSTS OF RUNNING PACER.

AS THE FOUNDER OF

public.resource.org, MALAMUD

WANTED TO PROTEST THE PACER

CHARGES.

HE STARTED A PROGRAM CALLED

THE PACER RECYCLING PROJECT,

WHERE PEOPLE COULD UPLOAD PACER

DOCUMENTS THEY HAD ALREADY PAID

FOR TO A FREE DATABASE SO OTHERS

COULD USE THEM.

THE PACER PEOPLE WERE GETTING

A LOT OF FLAK FROM CONGRESS AND

OTHERS ABOUT PUBLIC ACCESS.

AND SO, THEY PUT TOGETHER THIS

SYSTEM.

IN 17 LIBRARIES ACROSS THE

COUNTRY, THERE WAS FREE PACER

ACCESS.

YOU KNOW, THAT'S ONE LIBRARY

EVERY 22,000 SQUARE MILES, I

BELIEVE, SO IT WASN'T, LIKE,

REALLY CONVENIENT.

I ENCOURAGE VOLUNTEERS TO JOIN A

SO-CALLED THUMB DRIVE CORPS AND

DOWNLOAD DOCS FROM THE

PUBLIC-ACCESS LIBRARIES, UPLOAD

THEM TO THE PACER RECYCLING

SITE.

PEOPLE TAKE A THUMB DRIVE INTO

ONE OF THESE LIBRARIES AND THEY

DOWNLOAD A BUNCH OF DOCUMENTS

AND THEY SEND THEM TO ME.

AND, I MEAN, IT WAS JUST A JOKE.

IN FACT, WHEN YOU CLICKED ON

THUMB DRIVE CORPS, THERE WAS A

"WIZARD OF OZ," YOU KNOW, THE

MUNCHKINS SINGING.

SO, THE VIDEO CLIP CAME UP.

* WE REPRESENT THE LOLLIPOP

GUILD *

BUT, OF COURSE, I GET THIS

PHONE CALL FROM STEVE SHULTZE

AND AARON SAYING, "GEE, WE'D

LIKE TO JOIN THE

THUMB DRIVE CORPS."

AROUND THAT TIME, I RAN INTO

AARON AT A CONFERENCE.

THIS IS SOMETHING THAT REALLY

HAS TO BE A COLLABORATION

BETWEEN A LOT OF DIFFERENT

PEOPLE.

SO, I APPROACHED HIM, AND I

SAID, "HEY, I'M THINKING ABOUT

AN INTERVENTION ON THE PACER

PROBLEM."

SHULTZE HAD ALREADY DEVELOPED

A PROGRAM THAT COULD

AUTOMATICALLY DOWNLOAD PACER

DOCUMENTS FROM THE TRIAL

LIBRARIES.

SWARTZ WANTED TO TAKE A LOOK.

SO, I SHOWED HIM THE CODE,

AND I DIDN'T KNOW WHAT WOULD

COME NEXT, BUT AS IT TURNS OUT,

OVER THE COURSE OF THE NEXT FEW

HOURS AT THAT CONFERENCE, HE WAS

OFF SITTING IN A CORNER

IMPROVING MY CODE, RECRUITING A

FRIEND OF HIS THAT LIVED NEAR

ONE OF THESE LIBRARIES TO GO

INTO THE LIBRARY AND TO BEGIN TO

TEST HIS IMPROVED CODE, AT WHICH

POINT THE FOLKS AT THE COURTS

REALIZED SOMETHING'S NOT GOING

QUITE ACCORDING TO PLAN.

AND DATA STARTED TO COME IN

AND COME IN AND COME IN, AND

SOON THERE WERE 760 GIGABYTES OF

PACER DOCS -- ABOUT 20 MILLION

PAGES.

USING INFORMATION RETRIEVED

FROM THE TRIAL LIBRARIES, SWARTZ

WAS CONDUCTING MASSIVE AUTOMATED

PARALLEL DOWNLOADING OF THE

PACER SYSTEM.

HE WAS ABLE TO ACQUIRE NEARLY

2.7 MILLION FEDERAL COURT

DOCUMENTS -- ALMOST 20 MILLION

PAGES OF TEXT.

NOW, I'LL GRANT YOU THAT

20 MILLION PAGES HAD PERHAPS

EXCEEDED THE EXPECTATIONS OF THE

PEOPLE RUNNING THE PILOT ACCESS

PROJECT, BUT SURPRISING A

BUREAUCRAT ISN'T ILLEGAL.

AARON AND CARL DECIDED TO GO

TALK TO THE NEW YORK TIMES ABOUT

WHAT HAPPENED.

THEY ALSO CAUGHT THE

ATTENTION OF THE FBI, WHO BEGAN

TO STAKE OUT SWARTZ'S PARENTS'

HOUSE IN ILLINOIS.

BUT I GET A TWEET FROM HIS

MOTHER SAYING, "CALL ME!"

SO I'M LIKE, "WHAT THE HELL'S

GOING ON HERE?"

AND SO, I FINALLY GOT AHOLD OF

AARON, AND, YOU KNOW, AARON'S

MOTHER WAS LIKE, "OH, MY GOD,

FBI, FBI, FBI."

AN FBI AGENT DRIVES DOWN OUR

HOME'S DRIVEWAY TRYING TO SEE IF

AARON IS, LIKE, IN HIS ROOM.

AND I REMEMBER BEING HOME THAT

DAY AND WONDERING WHY THIS CAR

WAS DRIVING DOWN OUR DRIVEWAY

AND JUST DRIVING BACK OUT.

LIKE, "THAT'S WEIRD."

LIKE, FIVE YEARS LATER, I GET

THIS FBI FILE, AND I'M LIKE,

"OH, MY GOODNESS.

THAT WAS THE FBI AGENT IN MY

DRIVEWAY."

HE WAS TERRIFIED.

HE WAS TOTALLY TERRIFIED.

HE WAS WAY MORE TERRIFIED AFTER

THE FBI ACTUALLY CALLED HIM UP

ON THE PHONE AND TRIED TO SUCKER

HIM INTO COMING DOWN TO A COFFEE

SHOP WITHOUT A LAWYER.

HE SAID HE WENT HOME AND LAID

DOWN ON THE BED AND, YOU KNOW,

WAS SHAKING.

THE DOWNLOADING ALSO

UNCOVERED MASSIVE PRIVACY

VIOLATIONS IN THE COURT

DOCUMENTS.

ULTIMATELY, THE COURTS WERE

FORCED TO CHANGE THEIR POLICIES

AS A RESULT.

AND THE FBI CLOSED THEIR

INVESTIGATION WITHOUT BRINGING

CHARGES.

TO THIS DAY, I FIND IT

REMARKABLE THAT ANYBODY EVEN AT

THE MOST REMOTE PODUNK FIELD

OFFICE OF THE FBI THOUGHT THAT A

FITTING USE FOR TAXPAYER DOLLARS

WAS INVESTIGATING PEOPLE FOR

CRIMINAL THEFT ON THE GROUNDS

THAT THEY HAD MADE THE LAW

PUBLIC.

HOW CAN YOU CALL YOURSELF A

LAWMAN AND THINK THAT THERE

COULD POSSIBLY BE ANYTHING WRONG

IN THIS WHOLE WORLD WITH MAKING

THE LAW PUBLIC?

AARON WAS WILLING TO PUT

HIMSELF AT RISK FOR THE CAUSES

THAT HE BELIEVED IN.

BOTHERED BY WEALTH DISPARITY,

SWARTZ MOVES BEYOND TECHNOLOGY

AND INTO A BROADER RANGE OF

POLITICAL CAUSES.

I WENT INTO CONGRESS, AND I

INVITED HIM TO COME AND HANG OUT

AND INTERN FOR US FOR A WHILE SO

THAT HE COULD LEARN, YOU KNOW,

THE POLITICAL PROCESS.

HE WAS SORT OF LEARNING A NEW

COMMUNITY, A NEW SET OF SKILLS

AND KIND OF LEARNING TO HACK

POLITICS.

IT SEEMS RIDICULOUS THAT

MINERS SHOULD HAVE TO HAMMER

AWAY UNTIL THEIR WHOLE BODIES

ARE DRIPPING WITH SWEAT, FACED

WITH THE KNOWLEDGE THAT IF THEY

DARE TO STOP, THEY WON'T BE ABLE

TO PUT FOOD ON THE TABLE THAT

NIGHT WHILE I GET TO MAKE LARGER

AND LARGER AMOUNTS OF MONEY EACH

DAY JUST BY SITTING AND WATCHING

TV.

BUT APPARENTLY THE WORLD IS

RIDICULOUS.

SO, I CO-FOUNDED A GROUP CALLED

THE PROGRESSIVE CHANGE CAMPAIGN

COMMITTEE, AND WHAT WE TRY AND

DO IS WE TRY AND ORGANIZE PEOPLE

OVER THE INTERNET WHO CARE ABOUT

PROGRESSIVE POLITICS AND MOVING

THE COUNTRY IN A MORE

PROGRESSIVE DIRECTION TO KIND OF

COME TOGETHER, JOIN OUR E-MAIL

LIST, JOIN OUR CAMPAIGNS, AND

HELP GET PROGRESSIVE CANDIDATES

ELECTED ALL ACROSS THE COUNTRY.

THE GROUP IS RESPONSIBLE FOR

IGNITING THE GRASSROOTS EFFORT

BEHIND THE CAMPAIGN TO ELECT

ELIZABETH WARREN TO THE SENATE.

HE MIGHT HAVE THOUGHT IT WAS

A DUMB SYSTEM, BUT HE CAME IN

AND HE SAID, "I NEED TO LEARN

THIS SYSTEM, 'CAUSE IT CAN BE

MANIPULATED LIKE ANY SOCIAL

SYSTEM."

BUT HIS PASSION FOR KNOWLEDGE

IN LIBRARIES DIDN'T TAKE A BACK

SEAT.

AARON BEGAN TO TAKE A CLOSER

LOOK AT INSTITUTIONS THAT

PUBLISH ACADEMIC-JOURNAL

ARTICLES.

BY VIRTUE OF BEING STUDENTS

AT A MAJOR U.S. UNIVERSITY, I

ASSUME THAT YOU HAVE ACCESS TO A

WIDE VARIETY OF SCHOLARLY

JOURNALS.

PRETTY MUCH EVERY MAJOR

UNIVERSITY IN THE UNITED STATES

PAYS THESE SORT OF LICENSING

FEES TO ORGANIZATIONS LIKE JSTOR

AND THOMSON ISI TO GET ACCESS TO

SCHOLARLY JOURNALS THAT THE REST

OF THE WORLD CAN'T READ.

THESE SCHOLARLY JOURNALS AND

ARTICLES ARE ESSENTIALLY THE

ENTIRE WEALTH OF HUMAN KNOWLEDGE

ONLINE, AND MANY HAVE BEEN PAID

FOR WITH TAXPAYER MONEY OR WITH

GOVERNMENT GRANTS.

BUT TO READ THEM, YOU OFTEN HAVE

TO PAY AGAIN, HANDING OVER STEEP

FEES TO PUBLISHERS LIKE

REED ELSEVIER.

THESE LICENSING FEES ARE SO

SUBSTANTIAL THAT PEOPLE WHO ARE

STUDYING IN INDIA INSTEAD OF

STUDYING IN THE UNITED STATES

DON'T HAVE THIS KIND OF ACCESS.

THEY'RE LOCKED OUT FROM ALL OF

THESE JOURNALS.

THEY'RE LOCKED OUT FROM OUR

ENTIRE SCIENTIFIC LEGACY.

I MEAN, A LOT OF THESE JOURNAL

ARTICLES, THEY GO BACK TO THE

ENLIGHTENMENT.

EVERY TIME SOMEONE HAS WRITTEN

DOWN A SCIENTIFIC PAPER, IT'S

BEEN SCANNED, DIGITIZED, AND PUT

IN THESE COLLECTIONS.

THAT IS A LEGACY THAT HAS BEEN

BROUGHT TO US BY THE HISTORY OF

PEOPLE DOING INTERESTING WORK,

THE HISTORY OF SCIENTISTS.

IT'S A LEGACY THAT SHOULD BELONG

TO US AS A COMMONS, AS A PEOPLE.

BUT INSTEAD, IT'S BEEN LOCKED UP

AND PUT ONLINE BY A HANDFUL OF

FOR-PROFIT CORPORATIONS WHO THEN

TRY AND GET THE MAXIMUM PROFIT

THEY CAN OUT OF IT.

SO, A RESEARCHER PAID BY

UNIVERSITY OR THE PEOPLE

PUBLISHES A PAPER, AND IN THE

VERY, VERY LAST STEP OF THAT

PROCESS, AFTER ALL THE WORK IS

DONE -- AFTER ALL THE ORIGINAL

RESEARCH IS DONE, THE THINKING,

THE LAB WORK, THE ANALYSIS --

AFTER EVERYTHING IS DONE AT THAT

LAST STAGE, THEN THE RESEARCHER

HAS TO HAND OVER HIS OR HER

COPYRIGHT TO THIS

MULTI-BILLION-DOLLAR COMPANY.

AND IT'S SICK.

IT'S AN ENTIRE ECONOMY BUILT ON

VOLUNTEER LABOR, AND THEN THE

PUBLISHERS SIT AT THE VERY TOP

AND SCRAPE OFF THE CREAM.

TALK ABOUT A SCAM.

ONE PUBLISHER IN BRITAIN MADE A

PROFIT OF $3 BILLION LAST YEAR.

I MEAN, WHAT A RACKET.

JSTOR IS JUST A VERY, VERY

SMALL PLAYER IN THAT STORY, BUT

FOR SOME REASON, JSTOR IS THE

PLAYER THAT AARON DECIDED TO

CONFRONT.

HE'D GONE TO SOME CONFERENCE

AROUND OPEN ACCESS AND OPEN

PUBLISHING, AND I DON'T KNOW WHO

THE PERSON FROM JSTOR WAS, BUT I

THINK AT SOME POINT, AARON ASKED

THE QUESTION LIKE, "HOW MUCH

WOULD IT COST TO OPEN UP JSTOR

IN PERPETUITY?

AND THEY GAVE SOME -- I THINK IT

WAS $200 MILLION, SOMETHING THAT

AARON THOUGHT WAS TOTALLY

RIDICULOUS.

WORKING ON A FELLOWSHIP AT

HARVARD, HE KNEW USERS ON MIT's

FAMOUSLY OPEN AND FAST NETWORK,

NEXTDOOR, HAD AUTHORIZED ACCESS

TO THE RICHES OF JSTOR.

SWARTZ SAW AN OPPORTUNITY.

YOU HAVE A KEY TO THOSE

GATES.

AND WITH A LITTLE BIT OF

SHELL-SCRIPT MAGIC, YOU CAN GET

THOSE JOURNAL ARTICLES.

ON SEPTEMBER 24, 2010, SWARTZ

REGISTERED A NEWLY PURCHASED

ACER LAPTOP ON THE MIT NETWORK

UNDER THE NAME GARY HOST.

THE CLIENT NAME WAS REGISTERED

AS GHOST LAPTOP.

HE DOESN'T HACK JSTOR IN THE

TRADITIONAL SENSE OF HACKING.

THE JSTOR DATABASE WAS

ORGANIZED, SO IT WAS COMPLETELY

TRIVIAL TO FIGURE OUT HOW YOU

COULD DOWNLOAD ALL THE ARTICLES

ON JSTOR, 'CAUSE IT WAS

BASICALLY NUMBERED.

IT WAS BASICALLY, YOU KNOW,

SLASH-SLASH-SLASH NUMBER ARTICLE

444,024 THEN 25 THEN 26.

HE WROTE A PYTHON SCRIPT

CALLED keepgrabbing.py, WHICH

WAS KEEP GRABBING ONE ARTICLE

AFTER ANOTHER.

THE NEXT DAY, GHOST LAPTOP

BEGINS GRABBING ARTICLES, BUT

SOON, THE COMPUTER'S I.P.

ADDRESS IS BLOCKED.

FOR SWARTZ, IT'S BARELY A BUMP

IN THE ROAD.

HE QUICKLY REASSIGNS HIS

COMPUTER'S I.P. ADDRESS AND

KEEPS DOWNLOADING.

WELL, JSTOR AND MIT TAKE A

NUMBER OF STEPS TO TRY AND

INTERFERE WITH THIS WHEN THEY

NOTICE THAT THIS IS HAPPENING,

AND WHEN THE MORE MODEST STEPS

DON'T WORK, THEN AT A CERTAIN

STAGE, JSTOR JUST CUTS OFF MIT

FROM HAVING ACCESS TO THE JSTOR

DATABASE.

SO, THERE'S THIS KIND OF

CAT-AND-MOUSE GAME AROUND

GETTING ACCESS TO THAT JSTOR

DATABASE.

AARON ULTIMATELY OBVIOUSLY IS

THE CAT, BECAUSE HE HAS MORE

TECHNICAL CAPABILITY THAN THE

JSTOR DATABASE PEOPLE DO IN

DEFENDING THEM.

EVENTUALLY, THERE WAS AN

UNLOCKED SUPPLY CLOSET IN THE

BASEMENT OF ONE OF THE

BUILDINGS, AND INSTEAD OF GOING

THROUGH WI-FI, HE WENT DOWN AND

HE JUST PLUGGED THIS COMPUTER

DIRECTLY INTO THE NETWORK AND

JUST LEFT IT THERE WITH AN

EXTERNAL HARD DRIVE DOWNLOADING

THESE ARTICLES TO THE COMPUTER.

UNKNOWN TO SWARTZ, HIS LAPTOP

AND HARD DRIVE HAD BEEN FOUND BY

AUTHORITIES.

THEY DIDN'T STOP THE DOWNLOADS.

INSTEAD, THEY INSTALLED A

SURVEILLANCE CAMERA.

THEY FOUND THE COMPUTER IN

THIS ROOM IN THE BASEMENT OF AN

MIT BUILDING.

THEY COULD HAVE UNPLUGGED IT.

THEY COULD HAVE WAITED FOR THE

GUY TO COME BACK AND SAID,

"DUDE, WHAT ARE YOU DOING?", YOU

KNOW?

"CUT IT OUT. WHO ARE YOU?"

AND THEY COULD HAVE DONE ALL

THAT KIND OF STUFF, BUT THEY

DIDN'T.

WHAT THEY WANTED TO DO WAS FILM

IT TO GATHER EVIDENCE TO MAKE A

CASE.

THAT'S THE ONLY REASON YOU FILM

SOMETHING LIKE THAT.

AT FIRST, THE ONLY PERSON

CAUGHT ON THE GLITCHY

SURVEILLANCE CAMERA WAS USING

THE CLOSET AS A PLACE TO STORE

BOTTLES AND CANS.

BUT DAYS LATER, IT CAUGHT

SWARTZ.

SWARTZ IS REPLACING A HARD

DRIVE.

HE TAKES IT OUT OF HIS BACKPACK,

LEANS OUT OF FRAME FOR ABOUT

FIVE MINUTES, AND THEN LEAVES.

AND THEN THEY ORGANIZED,

LIKE, A STAKEOUT, WHERE, AS HE

WAS BIKING HOME FROM MIT, THESE

COPS CAME OUT FROM, LIKE, EITHER

SIDE OF THE ROAD OR SOMETHING

LIKE THAT AND STARTED GOING

AFTER HIM.

HE DESCRIBES THAT HE WAS

PRESSED DOWN AND ASSAULTED BY

THE POLICE.

HE TELLS ME THAT IT'S UNCLEAR

THAT THEY WERE POLICE THAT WERE

AFTER HIM.

HE THOUGHT THAT SOMEONE WAS

TRYING TO ATTACK HIM.

HE DOES TELL ME THEY BEAT HIM

UP.

[ SIREN WAILS ]

AND IT WAS JUST DEVASTATING.

THE NOTION OF ANY KIND OF

CRIMINAL PROSECUTION OF ANYONE

IN OUR FAMILY OR ANYTHING WAS SO

FOREIGN AND INCOMPREHENSIBLE, I

DIDN'T KNOW WHAT TO DO.

WELL, THEY EXECUTE SEARCH

WARRANTS AT AARON'S HOUSE, HIS

APARTMENT IN CAMBRIDGE, IN HIS

OFFICE AT HARVARD.

TWO DAYS BEFORE THE ARREST,

THE INVESTIGATION HAD GONE

BEYOND JSTOR AND THE LOCAL

CAMBRIDGE POLICE.

IT HAD BEEN TAKEN OVER BY THE

UNITED STATES SECRET SERVICE.

THE SECRET SERVICE BEGAN

INVESTIGATING COMPUTER AND

CREDIT-CARD FRAUD IN 1984, BUT

SIX WEEKS AFTER THE ATTACK ON

9/11, THEIR ROLE EXPANDED.

[ APPLAUSE ]

PRESIDENT BUSH USED THE

PATRIOT ACT TO ESTABLISH A

NETWORK OF WHAT THEY CALLED

ELECTRONIC CRIMES TASK FORCES.

THE BILL BEFORE ME TAKES

ACCOUNT OF THE NEW REALITIES AND

DANGERS POSED BY MODERN

TERRORISTS.

ACCORDING TO THE SECRET

SERVICE, THEY ARE PRIMARILY

ENGAGED IN ACTIVITY WITH

ECONOMIC IMPACT, ORGANIZED

CRIMINAL GROUPS, OR USE OF

SCHEMES INVOLVING NEW

TECHNOLOGY.

THE SECRET SERVICE TURNS

SWARTZ'S CASE OVER TO THE BOSTON

U.S. ATTORNEYS OFFICE.

THERE WAS A GUY IN THE U.S.

ATTORNEYS OFFICE WHO HAD THE

TITLE HEAD OF THE COMPUTER

CRIMES DIVISION OR TASK FORCE.

I DON'T KNOW WHAT ELSE HE HAD

GOING, BUT YOU'RE CERTAINLY NOT

MUCH OF A COMPUTER CRIMES

PROSECUTOR WITHOUT A COMPUTER

CRIME TO PROSECUTE.

SO HE JUMPED ON IT, KEPT IT FOR

HIMSELF, DIDN'T ASSIGN IT TO

SOMEONE ELSE WITHIN THE OFFICE

OR THE UNIT, AND THAT'S

STEVE HEYMANN.

PROSECUTOR STEPHEN HEYMANN

HAS BEEN LARGELY OUT OF PUBLIC

VIEW SINCE THE ARREST OF

AARON SWARTZ.

BUT HE CAN BE SEEN HERE IN AN

EPISODE OF THE TELEVISION SHOW

"AMERICAN GREED" FILMED AROUND

THE TIME OF AARON'S ARREST.

HE IS DESCRIBING HIS PREVIOUS

CASE AGAINST THE NOTORIOUS

HACKER ALBERTO GONZALEZ, A CASE

THAT GARNERED HEYMANN ENORMOUS

PRESS ATTENTION AND ACCOLADES.

GONZALEZ MASTERMINDED THE THEFT

OF OVER 100 MILLION CREDIT-CARD

AND ATM NUMBERS, THE LARGEST

SUCH FRAUD IN HISTORY.

HERE HEYMANN, DESCRIBING

GONZALEZ, GIVES HIS VIEW ON THE

HACKER MIND-SET.

THESE GUYS ARE DRIVEN BY A

LOT OF THE SAME THINGS THAT

WE'RE DRIVEN BY.

THEY HAVE AN EGO.

THEY LIKE CHALLENGE.

AND, OF COURSE, THEY LIKE MONEY

AND EVERYTHING YOU CAN GET FROM

MONEY.

ONE OF THE SUSPECTS

IMPLICATED IN THE GONZALEZ CASE

WAS A YOUNG HACKER NAMED

JONATHAN JAMES.

BELIEVING GONZALEZ'S CRIMES

WOULD BE PINNED ON HIM, JAMES

COMMITTED SUICIDE DURING THE

INVESTIGATION.

IN AN EARLY PRESS RELEASE

DESCRIBING THE GOVERNMENT'S

POSITION IN THE CASE OF

AARON SWARTZ, HEYMANN'S BOSS,

U.S. ATTORNEY FOR THE DISTRICT

OF MASSACHUSETTS CARMEN ORTIZ,

SAID THIS...

IT'S NOT TRUE.

IT'S OBVIOUSLY NOT TRUE.

I'M NOT SAYING IT'S HARMLESS,

AND I'M NOT SAYING THAT WE

SHOULDN'T CRIMINALIZE STEALING

OF INFORMATION.

BUT YOU'VE GOT TO BE MUCH MORE

SUBTLE IN TRYING TO FIGURE OUT

EXACTLY WHICH KINDS OF HARMS ARE

HARMFUL HERE.

SO, THE THING ABOUT A CROWBAR IS

EVERY TIME I BREAK INTO A PLACE

WITH A CROWBAR, I DO DAMAGE.

THERE'S NO DOUBT ABOUT IT.

BUT WHEN AARON WRITES A SCRIPT

THAT SAYS "DOWNLOAD, DOWNLOAD,

DOWNLOAD" 100 TIMES IN A SECOND,

THERE'S NO OBVIOUS DAMAGE TO

ANYBODY.

IF HE DOES THAT FOR THE PURPOSE

OF GATHERING ARCHIVE TO DO

ACADEMIC RESEARCH ON IT, THERE

IS NEVER ANY DAMAGE TO ANYBODY.

HE WASN'T STEALING, HE WASN'T

SELLING WHAT HE GOT, OR GIVING

IT AWAY.

HE WAS MAKING A POINT AS FAR AS

I CAN TELL.

THE ARREST TOOK ITS TOLL ON

SWARTZ.

HE JUST WOULDN'T TALK ABOUT

IT.

THEN HE'S, LIKE, VERY STRESSED.

IF YOU THOUGHT THE FBI WAS,

LIKE, GOING TO COME TO YOUR

DOORSTEP ANY DAY, ANY TIME YOU

WENT DOWN THE HALL EVEN TO DO

YOUR LAUNDRY AND THEY WOULD

BREAK IN TO YOUR APARTMENT

'CAUSE YOU LEFT THE DOOR

UNLOCKED, LIKE, I'D BE PRETTY

STRESSED.

AND IT WAS CLEAR, AND SO AARON

WAS ALWAYS SORT OF, LIKE, IN A

DOUR MOOD.

HE WOULDN'T GIVE OFF ANY

SENSITIVE INFORMATION ABOUT HIS

WHEREABOUTS DURING THIS TIME,

'CAUSE HE WAS SO AFRAID THAT THE

FBI WOULD BE WAITING FOR HIM.

IT WAS A TIME OF

UNPRECEDENTED SOCIAL AND

POLITICAL ACTIVISM.

TIME MAGAZINE WOULD LATER NAME

AS THEIR 2011 PERSON OF THE YEAR

THE PROTESTOR.

THERE WAS A KIND OF HOTBED OF

HACKER ACTIVITY GOING ON.

WikiLeaks HAD RELEASED A TROVE

OF DIPLOMATIC CABLES.

MANNING HAD BEEN UNDER ARREST AT

THE TIME.

IT WAS UNKNOWN WHETHER HE WAS

THE SOURCE OF THE LEAK.

ANONYMOUS, WHICH IS A KIND OF

PROTEST ENSEMBLE THAT HAS A LOT

OF HACKERS IN ITS RANKS, WERE

GOING ON VARIOUS SPREES OF

SORTS.

IF YOU COMPARE THAT TO WHAT HE

DID, HIS STUFF SHOULD HAVE BEEN

LEFT BEHIND FOR MIT AND JSTOR TO

DEAL WITH IN A KIND OF PRIVATE,

PROFESSIONAL MATTER.

IT SHOULD HAVE NEVER GOTTEN THE

ATTENTION OF THE CRIMINAL

SYSTEM.

IT JUST DIDN'T BELONG THERE.

BEFORE HE WAS INDICTED,

SWARTZ WAS OFFERED A PLEA DEAL

THAT INVOLVED THREE MONTHS IN

PRISON, TIME IN A HALFWAY HOUSE,

AND A YEAR OF HOME DETENTION,

ALL WITHOUT THE USE OF A

COMPUTER.

IT WAS ON THE CONDITION THAT

SWARTZ PLEAD GUILTY TO A FELONY.

HERE WE ARE.

WE HAVE NO DISCOVERY, NO

EVIDENCE WHATSOEVER ABOUT WHAT

THE GOVERNMENT'S CASE IS, AND WE

HAVE TO MAKE THIS IMMENSE

DECISION WHERE THE LAWYER IS

PUSHING YOU TO DO THIS, THE

GOVERNMENT IS GIVING YOU A

NON-NEGOTIABLE DEMAND, AND

YOU'RE TOLD THAT YOUR LIKELIHOOD

OF PREVAILING IS SMALL, SO

WHETHER YOU'RE GUILTY OR NOT,

YOU'RE BETTER OFF TAKING THE

DEAL.

BOSTON HAS ITS OWN COMPUTER

CRIMES DIVISION WITH LOTS OF

LAWYERS -- PROBABLY MORE LAWYERS

THAN THEY NEED.

SO, YOU KNOW, YOU CAN IMAGINE

ALL SORTS OF CASES WHERE IT'S

REALLY HARD TO PROSECUTE 'CAUSE

YOU'VE GOT SOME CRIMINALS IN

RUSSIA OR YOU'VE GOT SOME PEOPLE

INSIDE OF A CORPORATION THAT ARE

GONNA HAVE $500 LAWYERS OR

$700-AN-HOUR LAWYERS SITTING

DOWN AGAINST YOU.

AND THEN YOU GOT THIS CASE WITH

THIS KID.

WHICH IT'S PRETTY EASY TO PROVE

THAT HE DID SOMETHING, AND HE'S

ALREADY MARKED HIMSELF AS A

TROUBLEMAKER WITH THE FBI, SO

WHY NOT GO AS TOUGH AS YOU CAN

IN HERE AGAINST THAT GUY?

IT'S GOOD FOR YOU, THE

PROSECUTOR, IT'S GOOD FOR THE

REPUBLIC, 'CAUSE YOU'RE FIGHTING

ALL THOSE TERRORIST TYPES.

I WAS SO SCARED.

I WAS SO SCARED OF HAVING MY

COMPUTER SEIZED.

I WAS SO SCARED OF GOING TO JAIL

BECAUSE OF MY COMPUTER BEING

SEIZED.

I HAD CONFIDENTIAL MATERIAL FROM

SOURCES FROM MY PREVIOUS WORK ON

MY LAPTOP, AND THAT IS ABOVE ALL

MY PRIORITIES -- TO KEEP MY

SOURCES SAFE.

I WAS SO SCARED OF WHAT WAS

GONNA HAPPEN TO ADA.

AARON TOLD ME THAT THEY'D

OFFERED HIM A DEAL, AND HE

FINALLY JUST SAID THAT HE WOULD

TAKE IT IF I TOLD HIM TO.

AND I CAME REAL CLOSE TO SAYING,

"TAKE IT."

HE HAD THESE -- HE HAD

DEVELOPED, LIKE, SERIOUS

POLITICAL ASPIRATIONS IN THE

INTERVENING TIME BETWEEN WHEN,

YOU KNOW, THAT MOMENT WHEN HE

ENDED THAT ENTREPRENEURIAL

START-UP LIFE AND BEGUN THIS NEW

LIFE THAT HAD COME TO THIS

POLITICAL ACTIVISM.

AND HE JUST DIDN'T BELIEVE THAT

HE COULD CONTINUE IN HIS LIFE

WITH A FELONY.

YOU KNOW, HE SAID TO ME ONE

DAY -- WE WERE WALKING BY THE

WHITE HOUSE, AND HE SAID TO ME,

"THEY DON'T LET FELONS WORK

THERE."

I MEAN, YOU KNOW, HE REALLY

WANTED THAT TO BE HIS LIFE.

HE HADN'T KILLED ANYBODY.

HE HADN'T HURT ANYBODY.

HE HADN'T, LIKE, STOLEN MONEY.

HE HADN'T DONE ANYTHING THAT

SEEMED FELONY WORTHY, RIGHT?

AND...

THERE IS THIS IDEA THAT, LIKE,

THERE'S NO REASON THAT HE SHOULD

BE LABELED A FELON AND TAKEN

AWAY HIS RIGHT TO VOTE IN MANY

STATES FOR DOING WHAT HE DID.

LIKE, THAT'S JUST OUTRAGEOUS.

LIKE, IT MAKES SENSE FOR HIM TO

BE, YOU KNOW, MAYBE FINED A

BUNCH OF MONEY OR, YOU KNOW,

ASKED NOT TO COME BACK TO MIT

AGAIN.

BUT, LIKE, TO BE A FELON?

TO FACE JAIL TIME?

SWARTZ TURNED DOWN THE PLEA

DEAL.

HEYMANN DOUBLED HIS EFFORTS.

HEYMANN CONTINUED TO PRESS US AT

ALL LEVELS.

EVEN WITH THE PHYSICAL

EVIDENCE SEIZED FROM AARON'S

ACER COMPUTER, HARD DRIVE, AND

USB DRIVE, THE PROSECUTORS

NEEDED EVIDENCE OF HIS MOTIVES.

WHY WAS AARON SWARTZ DOWNLOADING

ARTICLES FROM JSTOR, AND JUST

WHAT DID HE PLAN TO DO WITH

THEM?

THE GOVERNMENT CLAIMS THAT HE

WAS PLANNING TO PUBLISH THESE.

WE DON'T REALLY KNOW WHETHER

THAT WAS HIS REAL INTENTION,

BECAUSE AARON ALSO HAD A HISTORY

OF DOING PROJECTS WHERE HE'D

ANALYZE GIANT DATA SETS OF

ARTICLES, YOU KNOW, OR TO LEARN

INTERESTING THINGS ABOUT THEM.

THE BEST EVIDENCE FOR THAT

WAS THAT WHEN HE WAS AT

STANFORD, HE ALSO DOWNLOADED THE

WHOLE WESTLAW LEGAL DATABASE.

IN A PROJECT WITH STANFORD

LAW STUDENTS, SWARTZ HAD

DOWNLOADED THE WESTLAW LEGAL

DATABASE.

HE UNCOVERED TROUBLING

CONNECTIONS BETWEEN FUNDERS OF

LEGAL RESEARCH AND FAVORABLE

RESULTS.

HE DID THIS AMAZING ANALYSIS

OF FOR-PROFIT COMPANIES GIVING

MONEY TO LAW PROFESSORS WHO

WROTE LAW-REVIEW ARTICLES WHICH

WERE THEN BENEFICIAL TO, LIKE,

EXXON DURING AN OIL SPILL,

RIGHT?

SO IT WAS A VERY CORRUPT SYSTEM

OF FUNDING, YOU KNOW, VANITY

RESEARCH.

SWARTZ HAD NEVER RELEASED THE

WESTLAW DOCUMENTS.

IN THEORY, HE COULD HAVE BEEN

DOING THE SAME THING ABOUT THE

JSTOR DATABASE.

THAT WOULD HAVE BEEN COMPLETELY

OKAY.

IF HE WERE, ON THE OTHER HAND,

INTENDING TO CREATE A

COMPETITIVE SERVICE TO JSTOR,

LIKE WE'RE GONNA SET UP OUR OWN,

YOU KNOW, ACCESS TO THE

HARVARD LAW REVIEW AND CHARGE,

YOU KNOW, MONEY FOR IT, THEN,

YOU KNOW, OKAY, NOW IT SEEMS

LIKE CRIMINAL VIOLATION BECAUSE

YOU'RE COMMERCIALLY TRYING TO

EXPLOIT THIS MATERIAL.

BUT IT'S KIND OF CRAZY TO

IMAGINE THAT'S WHAT HE WAS

DOING.

SO BUT THEN THERE'S THE MIDDLE

CASE.

WELL, WHAT IF HE WAS JUST TRYING

TO LIBERATE IT FOR ALL OF

DEVELOPING WORLD?

BUT DEPENDING ON WHAT HE WAS

DOING, IT CREATES A VERY

DIFFERENT CHARACTER TO HOW ALL

THE LAW SHOULD BE THINKING ABOUT

IT.

THE GOVERNMENT'S PROSECUTING HIM

AS IF THIS WAS LIKE A COMMERCIAL

CRIMINAL VIOLATION, LIKE

STEALING A WHOLE BUNCH OF

CREDIT-CARD RECORDS, THAT IT WAS

THAT KIND OF CRIME.

I DON'T KNOW WHAT HE WAS

GONNA DO WITH THAT DATABASE, BUT

I HEARD FROM A FRIEND OF HIS

THAT AARON HAD TOLD HIM HE WAS

GONNA ANALYZE THE DATA FOR

EVIDENCE OF CORPORATE FUNDING OF

CLIMATE-CHANGE RESEARCH THAT LED

TO BIASED RESULTS.

AND I TOTALLY BELIEVE THAT.

I WAS JUST TOLD THAT STEVE

WANTED TO TALK TO ME.

AND I THOUGHT, "MAYBE THIS IS A

WAY I COULD GET OUT OF THIS,

JUST EXIT THE SITUATION."

AND I DIDN'T WANT TO LIVE IN

FEAR OF HAVING MY COMPUTER

SEIZED.

I DIDN'T WANT TO LIVE IN FEAR OF

HAVING TO GO TO JAIL ON A

CONTEMPT OF COURT CHARGE IF THEY

TRIED TO COMPEL ME TO DECRYPT MY

COMPUTER.

WHEN THEY CAME TO ME AND SAID,

"STEVE WANTS TO TALK TO YOU,"

THAT SEEMED REASONABLE.

THEY OFFERED NORTON WHAT IS

KNOWN AS A QUEEN FOR A DAY

LETTER, OR A PROFFER.

IT ALLOWED PROSECUTORS TO ASK

QUESTIONS ABOUT AARON'S CASE.

NORTON WOULD BE GIVEN IMMUNITY

FROM PROSECUTION HERSELF FOR ANY

INFORMATION SHE REVEALED DURING

THE MEETING.

I DIDN'T LIKE IT.

I TOLD MY LAWYERS REPEATEDLY

THAT I DIDN'T -- THIS SEEMED

FISHY.

I DIDN'T LIKE THIS.

I DIDN'T WANT IMMUNITY.

I DIDN'T NEED IMMUNITY.

I HADN'T DONE ANYTHING.

BUT THEY WERE REALLY, REALLY

STRINGENT THAT THEY DID NOT WANT

ME MEETING THE PROSECUTOR

WITHOUT IMMUNITY.

BUT JUST TO BE CLEAR, THIS IS

A QUEEN FOR A DAY DEAL, A

PROFFER?

RIGHT. A PROFFER LETTER.

IN WHICH YOU BASICALLY HANDED

INFORMATION OVER TO THEM IN

EXCHANGE FOR PROTECTION FROM

PROSECUTION.

SO, IT WASN'T HANDING

INFORMATION OVER.

IT WAS -- AT LEAST THAT'S NOT

HOW I SAW IT.

IT WAS JUST HAVING A DISCUSSION,

HAVING AN INTERVIEW WITH THEM.

WELL, THEY'RE ASKING YOU

QUESTIONS.

THEY'RE ASKING ME QUESTIONS.

AND THEY CAN ASK ABOUT

WHATEVER THEY WANT.

RIGHT.

AND WHATEVER THEY LEARN,

YOU'RE NOT GONNA BE PROSECUTED.

RIGHT.

AND I REPEATEDLY TRIED TO GO IN

NAKED.

I REPEATEDLY TRIED TO TURN DOWN

THE PROFFER LETTER.

I WAS ILL.

I WAS BEING PRESSURED BY MY

LAWYERS.

I WAS CONFUSED.

I WAS NOT DOING WELL BY THIS

POINT.

I WAS DEPRESSED, AND I WAS

SCARED, AND I DIDN'T UNDERSTAND

THE SITUATION I WAS IN.

I HAD NO IDEA WHY I WAS IN THIS

SITUATION.

I HADN'T DONE ANYTHING

INTERESTING, MUCH LESS WRONG.

WE WENT OUT OF OUR MINDS.

AARON WAS CLEARLY VERY

DISTRAUGHT ABOUT IT.

WE WERE VERY DISTRAUGHT ABOUT

IT.

AARON'S ATTORNEYS WERE VERY

DISTRAUGHT ABOUT IT.

WE TRIED TO GET QUINN TO CHANGE

ATTORNEYS.

I WAS VERY UNUSED TO BEING IN

A ROOM WITH LARGE MEN WELL-ARMED

THAT ARE CONTINUALLY TELLING ME

I'M LYING AND THAT I MUST HAVE

DONE SOMETHING.

[ SIGHS ]

I TOLD THEM THAT THIS THING THAT

THEY WERE PROSECUTING WASN'T A

CRIME.

I TOLD THEM THAT THEY WERE ON

THE WRONG SIDE OF HISTORY.

I USED THAT PHRASE.

I SAID, "YOU'RE ON THE WRONG

SIDE OF HISTORY."

AND THEY LOOKED BORED.

THEY DIDN'T EVEN LOOK ANGRY.

THEY JUST LOOKED BORED.

AND IT BEGAN TO OCCUR TO ME THAT

WE WEREN'T HAVING THE SAME

CONVERSATION.

I MEAN, I TOLD THEM PLENTY OF

THINGS ABOUT, YOU KNOW, WHY

PEOPLE WOULD DOWNLOAD JOURNAL

ARTICLES, AND EVENTUALLY -- I

DON'T REMEMBER WHAT WAS AROUND

IT.

I MENTIONED THAT HE'D DONE THIS

BLOG POST, THE

GUERILLA OPEN ACCESS MANIFESTO.

THIS IS THE

GUERILLA OPEN ACCESS MANIFESTO

SUPPOSEDLY WRITTEN IN JULY 2008

IN ITALY.

"INFORMATION IS POWER.

BUT LIKE ALL POWER, THERE ARE

THOSE WHO WANT TO KEEP IT FOR

THEMSELVES.

THE WORLD'S ENTIRE SCIENTIFIC

AND CULTURE HERITAGE PUBLISHED

OVER CENTURIES IN BOOKS AND

JOURNALS IS INCREASINGLY BEING

DIGITIZED AND LOCKED UP BY A

HANDFUL OF PRIVATE CORPORATIONS.

MEANWHILE, THOSE WHO HAVE BEEN

LOCKED OUT ARE NOT STANDING IDLY

BY.

YOU'VE BEEN SNEAKING THROUGH

HOLES AND CLIMBING OVER FENCES,

LIBERATING THE INFORMATION

LOCKED UP BY THE PUBLISHERS AND

SHARING THEM WITH YOUR FRIENDS.

BUT ALL OF THIS ACTION GOES ON

IN THE DARK, HIDDEN UNDERGROUND.

IT'S CALLED STEALING OR PIRACY,

AS IF SHARING A WEALTH OF

KNOWLEDGE WERE THE MORAL

EQUIVALENT OF PLUNDERING A SHIP

AND MURDERING ITS CREW.

BUT SHARING ISN'T IMMORAL --

IT'S A MORAL IMPERATIVE.

ONLY THOSE BLINDED BY GREED

WOULD REFUSE TO LET A FRIEND

MAKE A COPY.

THERE'S NO JUSTICE IN FOLLOWING

UNJUST LAWS.

IT'S TIME TO COME INTO THE LIGHT

AND, IN A GRAND TRADITION OF

CIVIL DISOBEDIENCE, DECLARE OUR

OPPOSITION TO THIS PRIVATE THEFT

OF PUBLIC CULTURE."

THE MANIFESTO ITSELF WAS

ALLEGEDLY WRITTEN BY FOUR

DIFFERENT PEOPLE AND ALSO EDITED

BY NORTON.

BUT IT WAS SWARTZ WHO HAD SIGNED

HIS NAME TO IT.

WHEN IT'S OVER, I GO

IMMEDIATELY TO AARON AND TELL

HIM EVERYTHING I CAN REMEMBER

ABOUT IT.

AND HE GETS VERY ANGRY.

[ THUNDER RUMBLES ]

THE THINGS THAT I'D DONE

SHOULDN'T HAVE ADDED UP THAT

WAY.

I HADN'T DONE ANYTHING WRONG,

AND EVERYTHING HAD GONE WRONG.

BUT I WAS NEVER...

[ SIGHS ]

[ SIGHS ]

I'M STILL ANGRY.

I'M STILL ANGRY THAT YOU CAN TRY

YOUR BEST WITH THESE PEOPLE TO

DO THE RIGHT THING, AND THEY

WILL TURN EVERYTHING AGAINST YOU

AND THEY WILL HURT YOU WITH

ANYTHING THEY CAN.

AND IN THAT MOMENT, I REGRET

THAT I SAID WHAT I DID.

BUT MY MUCH LARGER REGRET IS

THAT WE HAVE SETTLED FOR THIS,

THAT WE ARE OKAY WITH THIS, THAT

WE ARE OKAY WITH A JUSTICE

SYSTEM THAT TRIES TO GAME PEOPLE

INTO LITTLE TRAPS SO THEY CAN

RUIN THEIR LIVES.

SO, YEAH, I WISH I HADN'T SAID

THAT, BUT I'M MUCH, MUCH ANGRIER

THAT THIS IS WHERE I AM...

THAT THIS IS WHAT WE AS A PEOPLE

THINK IS OKAY.

THEY USED EVERY METHOD THAT I

THINK THEY COULD THINK OF TO GET

HER TO PROVIDE INFORMATION WHICH

WOULD BE UNHELPFUL TO AARON AND

HELPFUL TO THE PROSECUTION OF

AARON.

BUT, YOU KNOW, I DON'T THINK SHE

HAD INFORMATION THAT WAS HELPFUL

TO THE GOVERNMENT.

MONTHS GO BY AS SWARTZ'S

FRIENDS AND FAMILY AWAIT A

LOOMING INDICTMENT.

IN THE MEANTIME, SWARTZ WAS

BECOMING A GO-TO EXPERT ON A

SERIES OF INTERNET ISSUES.

DO YOU THINK THAT THE

INTERNET IS SOMETHING THAT

SHOULD BE CONSIDERED A HUMAN

RIGHT AND SOMETHING THAT THE

GOVERNMENT CANNOT TAKE AWAY FROM

YOU?

YES, DEFINITELY.

I MEAN, THIS NOTION THAT

NATIONAL SECURITY IS AN EXCUSE

TO SHUT DOWN THE INTERNET,

THAT'S EXACTLY WHAT WE HEARD IN

EGYPT AND SYRIA AND ALL THESE

OTHER COUNTRIES.

AND SO, YEAH, IT'S TRUE.

SITES LIKE WikiLeaks ARE GOING

TO BE PUTTING UP SOME

EMBARRASSING MATERIAL ABOUT WHAT

THE U.S. GOVERNMENT DOES, AND

PEOPLE ARE GONNA BE ORGANIZING

TO PROTEST ABOUT IT AND TRY AND

CHANGE THEIR GOVERNMENT.

YOU KNOW, AND THAT'S A GOOD

THING.

THAT'S WHAT ALL THESE

FIRST-AMENDMENT RIGHTS, FREE

EXPRESSION, FREEDOM OF

ASSOCIATION ARE ALL ABOUT.

AND SO, THE NOTION THAT WE

SHOULD TRY AND SHUT THOSE DOWN I

THINK JUST GOES AGAINST VERY

BASIC AMERICAN PRINCIPLES.

THE PRINCIPLE, I THINK, IS ONE

THAT OUR FOUNDING FATHERS WOULD

HAVE UNDERSTOOD.

IF THE INTERNET HAD BEEN AROUND

BACK THEN, INSTEAD OF PUTTING

POST OFFICES IN THE

CONSTITUTION, THEY WOULD HAVE

PUT ISPs.

WELL, IT'S DEFINITELY

INTERESTING TO SEE HOW...

SWARTZ MEETS ACTIVIST

TAREN STINEBRICKNER-KAUFFMAN,

AND THE TWO BEGIN TO DATE.

WE NEED A MASSIVE GLOBAL

PUBLIC OUTCRY.

THERE'S NO MASSIVE GLOBAL

PUBLIC OUTCRY.

IT WON'T CREATE ANY CHANGE.

YOU KNOW, FOUR PEOPLE IN THIS

CITY SHOULD CAUSE A MASSIVE

GLOBAL PUBLIC OUTCRY.

YOU KNOW, WE NEED A PETITION

SIGNER.

WITHOUT TELLING HER

SPECIFICS, HE WARNED HER HE WAS

INVOLVED IN SOMETHING HE CALLED

SIMPLY "THE BAD THING."

AND I HAD SORT OF CRAZY

THEORIES, LIKE THAT HE WAS

HAVING AN AFFAIR WITH

ELIZABETH WARREN OR SOMETHING.

I SPECULATED BOTH

HILLARY CLINTON AND

ELIZABETH WARREN, ACTUALLY.

BUT...[ LAUGHS ]

SO, SOMETIME IN PROBABLY LATE

JULY, AARON CALLED ME, AND I

HAPPENED TO PICK UP, AND HE

SAID, YOU KNOW, "THE BAD THING

MIGHT BE IN THE NEWS TOMORROW.

DO YOU WANT ME TO TELL YOU, OR

DO YOU WANT TO READ ABOUT IT IN

THE NEWS?"

AND I SAID, "WELL, I WANT YOU TO

TELL ME."

AND HE SAID, "WELL, I'VE BEEN

ARRESTED FOR DOWNLOADING TOO

MANY ACADEMIC-JOURNAL ARTICLES,

AND THEY WANT TO MAKE AN EXAMPLE

OUT OF ME."

AND I WAS LIKE, "THAT'S IT?

THAT'S THE BIG FUSS?

REALLY?

LIKE, THIS DOESN'T SOUND LIKE A

VERY BIG DEAL."

ON JULY 14, 2011, FEDERAL

PROSECUTORS INDICT SWARTZ ON

FOUR FELONY COUNTS.

HE GETS INDICTED ON THE SAME

DAY THAT, LIKE, TWO PEOPLE IN

ENGLAND WHO ARE PART OF LulzSec

GET ARRESTED AND, LIKE, A VERY

OTHER REAL HACKERS.

AND AARON IS JUST, LIKE, SOMEONE

WHO KIND OF LOOKS LIKE A HACKER

ENOUGH THAT THEY CAN, LIKE, YOU

KNOW, PUT HIS HEAD ON A STAKE

AND, LIKE, PUT IT ON THE GATES.

AARON WENT TO SURRENDER, AND

THEY ARRESTED HIM.

THEY THEN STRIP-SEARCHED HIM,

TOOK AWAY HIS SHOELACES, TOOK

AWAY HIS BELT, AND LEFT HIM IN

SOLITARY CONFINEMENT.

THE DISTRICT OF MASSACHUSETTS

UNITED STATES ATTORNEYS OFFICE

RELEASED A STATEMENT SAYING

SWARTZ FACES UP TO 35 YEARS IN

PRISON, TO BE FOLLOWED BY THREE

YEARS OF SUPERVISED RELEASE,

RESTITUTION, FORFEITURE, AND A

FINE OF UP TO $1 MILLION.

HE IS RELEASED ON $100,000 BAIL

THE SAME DAY THE PRIMARY VICTIM

IN THE CASE, JSTOR, FORMALLY

DROPS ALL CHARGES AGAINST

SWARTZ AND DECLINES TO PURSUE

THE CASE.

JSTOR -- THEY WEREN'T OUR

FRIENDS.

THEY WEREN'T HELPFUL OR FRIENDLY

TO US, BUT THEY ALSO WERE JUST

KIND OF LIKE, "WE'RE NOT PART OF

THIS."

JSTOR AND THEIR PARENT

COMPANY, ITHAKA, ALSO

SIDESTEPPED REQUESTS TO TALK

WITH THIS FILM.

BUT AT THE TIME, THEY RELEASED A

STATEMENT SAYING IT WAS THE

GOVERNMENT'S DECISION WHETHER TO

PROSECUTE, NOT JSTOR's.

AND SO, IT'S OUR BELIEF THAT

WITH THAT, THE CASE WILL BE

OVER, THAT WE SHOULD BE ABLE TO

GET STEVE HEYMANN DROP THE CASE

OR SETTLE IT IN SOME RATIONAL

WAY.

AND THE GOVERNMENT REFUSED.

WHY?

WELL, BECAUSE I THINK THEY

WANTED TO MAKE AN EXAMPLE OUT OF

AARON, AND THEY SAID THEY WANTED

TO -- THE REASON WHY THEY

WOULDN'T MOVE ON REQUIRING A

FELONY CONVICTION AND JAIL TIME

WAS THAT THEY WANTED -- THEY

WANTED TO USE THIS CASE AS A

CASE FOR DETERRENCE.

THEY TOLD US THAT.

THEY TOLD YOU THAT?

YES.

THIS WAS GONNA BE AN EXAMPLE?

YES.

HE WAS GONNA BE MADE AN

EXAMPLE OF?

YES.

STEVE HEYMANN SAID THAT.

DETERRING WHO?

LIKE, THERE'S OTHER PEOPLE OUT

THERE RUNNING AROUND LOGGING ON

TO JSTOR AND DOWNLOADING THE

ARTICLES TO MAKE A POLITICAL

STATEMENT?

I MEAN, WHO WERE THEY DETERRING?

IT WOULD BE EASIER TO

UNDERSTAND THE OBAMA

ADMINISTRATION'S POSTURE OF

SUPPOSEDLY BEING FOR DETERRENCE

IF THIS WAS AN ADMINISTRATION

THAT, FOR INSTANCE, PROSECUTED

ARGUABLY THE BIGGEST ECONOMIC

CRIME THIS COUNTRY HAS SEEN IN

THE LAST HUNDRED YEARS, THE

CRIMES THAT WERE COMMITTED THAT

LED TO THE FINANCIAL CRISIS ON

WALL STREET.

WHEN YOU START DEPLOYING THE

NON-CONTROVERSIAL IDEA OF

DETERRENCE, ONLY SELECTIVELY YOU

STOP MAKING A DISPASSIONATE

ANALYSIS OF LAW-BREAKING AND

YOU'VE STARTED DECIDING TO

DEPLOY LAW-ENFORCEMENT RESOURCES

SPECIFICALLY ON THE BASIS OF

POLITICAL IDEOLOGY.

AND THAT'S NOT JUST

UNDEMOCRATIC.

IT'S SUPPOSED TO BE UNAMERICAN.

PROSECUTOR STEPHEN HEYMANN

LATER REPORTEDLY TOLD MIT's

OUTSIDE COUNSEL THAT THE STRAW

THAT BROKE THE CAMEL'S BACK WAS

A PRESS RELEASE SENT OUT BY AN

ORGANIZATION SWARTZ FOUNDED

CALLED DEMAND PROGRESS.

ACCORDING TO THE MIT ACCOUNT,

HEYMANN REACTED TO THE SWARTZ

STATEMENT OF SUPPORT, CALLING IT

A WILD INTERNET CAMPAIGN AND A

FOOLISH MOVE THAT MOVED THE CASE

FROM A HUMAN ONE-ON-ONE LEVEL TO

AN INSTITUTIONAL LEVEL.

THAT WAS A POISONOUS

COMBINATION -- A PROSECUTOR WHO

DIDN'T WANT TO LOSE FACE, WHO

HAD A POLITICAL CAREER IN THE

OFFING MAYBE AND DIDN'T WANT TO

HAVE THIS COME BACK AND HAUNT

HIM.

YOU SPENT HOW MANY TAX DOLLARS

ARRESTING SOMEONE FOR TAKING TOO

MANY BOOKS OUT OF THE LIBRARY

AND THEN GOT YOUR ASS HANDED TO

YOU IN COURT?

NO WAY.

I THEN MOVED TO TRY TO PUT

PRESSURE ON MIT IN VARIOUS WAYS

TO GET THEM TO GO TO THE

GOVERNMENT AND REQUEST THE

GOVERNMENT TO STOP THE

PROSECUTION.

WHAT WAS MIT's REACTION TO

THAT?

THERE DOESN'T SEEM TO BE ANY

REACTION FROM MIT AT THAT POINT.

MIT DOESN'T DEFEND AARON,

WHICH, TO PEOPLE INSIDE OF THE

MIT COMMUNITY, SEEMS OUTRAGEOUS,

BECAUSE MIT IS A PLACE THAT

ENCOURAGES HACKING IN THE

BIGGEST SENSE OF THE WORLD.

AT MIT, THE IDEA OF GOING AND

RUNNING AROUND ON ROOFS AND

TUNNELS THAT YOU WEREN'T ALLOWED

TO BE IN WAS NOT ONLY A RITE OF

PASSAGE.

IT WAS PART OF THE MIT TOUR.

AND LOCK-PICKING WAS A WINTER

COURSE AT MIT.

THEY HAD THE MORAL AUTHORITY

TO STOP IT IN ITS TRACKS.

MIT NEVER STOOD UP AND TOOK A

POSITION SAYING TO THE FEDS,

"DON'T DO THIS.

WE DON'T WANT YOU TO DO THIS.

YOU'RE OVERREACTING.

THIS IS TOO STRONG," THAT I'M

AWARE OF.

THEY ACTED KIND OF LIKE ANY

CORPORATION WOULD.

THEY SORT OF -- THEY HELPED THE

GOVERNMENT.

THEY DIDN'T HELP US UNLESS THEY

FELT THEY HAD TO.

AND THEY NEVER TRIED TO STOP IT.

MIT DECLINED REPEATED

REQUESTS TO COMMENT, BUT THEY

LATER RELEASED A REPORT SAYING

THEY ATTEMPTED TO MAINTAIN A

POSITION OF NEUTRALITY AND

BELIEVED HEYMANN AND THE U.S.

ATTORNEYS OFFICE DID NOT CARE

WHAT MIT THOUGHT OR SAID ABOUT

THE CASE.

MIT's BEHAVIOR SEEMED REALLY

AT ODDS WITH THE MIT ETHOS,

RIGHT?

YOU COULD ARGUE THAT MIT TURNED

A BLIND EYE AND THAT WAS OKAY

FOR THEM TO DO.

BUT TAKING THAT STANCE, TAKING

THAT NEUTRAL STANCE IN AND OF

ITSELF WAS TAKING A

PRO-PROSECUTOR STANCE.

IF YOU LOOK AT STEVE JOBS AND

STEVE WOZNIAK, THEY STARTED BY

SELLING A BLUE BOX, WHICH WAS A

THING DESIGNED TO DEFRAUD THE

PHONE COMPANY.

IF YOU LOOK AT BILL GATES AND

PAUL ALLEN, THEY INITIALLY

STARTED THEIR BUSINESS BY USING

COMPUTER TIME AT HARVARD, WHICH

WAS PRETTY CLEARLY AGAINST THE

RULES.

DIFFERENCE BETWEEN AARON AND THE

PEOPLE I JUST MENTIONED IS THAT

AARON WANTED TO MAKE THE WORLD A

BETTER PLACE.

HE DIDN'T JUST WANT TO MAKE

MONEY.

SWARTZ CONTINUES TO BE

OUTSPOKEN ON A VARIETY OF

INTERNET ISSUES.

YOU KNOW, THE REASON THE

INTERNET WORKS IS BECAUSE OF THE

COMPETITIVE MARKETPLACE OF

IDEAS.

AND WHAT WE NEED TO BE FOCUSING

ON IS GETTING MORE INFORMATION

ABOUT OUR GOVERNMENT, MORE

ACCESSIBILITY, MORE DISCUSSION,

MORE DEBATE.

BUT INSTEAD, IT SEEMS LIKE WHAT

CONGRESS IS FOCUSED ON IS

SHUTTING THINGS DOWN.

AARON THOUGHT HE COULD CHANGE

THE WORLD JUST BY EXPLAINING THE

WORLD VERY CLEARLY TO PEOPLE.

FLAME CAN LITERALLY CONTROL

YOUR COMPUTER AND MAKE IT SPY ON

YOU.

WELCOME, AARON.

GOOD TO HAVE YOU BACK ON THE

SHOW HERE.

YOU KNOW, JUST LIKE SPIES

USED TO IN OLDEN DAYS WITH

MICROPHONES AND TAP WHAT PEOPLE

WERE SAYING, NOW THEY'RE USING

COMPUTERS TO DO THE SAME THINGS.

SWARTZ'S POLITICAL ACTIVITY

CONTINUES, HIS ATTENTION TURNING

TO A BILL MOVING THROUGH

CONGRESS DESIGNED TO CURB ONLINE

PIRACY.

IT WAS CALLED SOPA.

ACTIVISTS LIKE

PETER ECKERSLEY SAW IT AS AN

ENORMOUS OVERREACH THREATENING

THE TECHNICAL INTEGRITY OF THE

INTERNET ITSELF.

AND ONE OF THE FIRST THINGS I

DID WAS TO CALL AARON, AND I

SAID, "CAN WE DO A BIG ONLINE

CAMPAIGN AGAINST THIS?"

"THIS ISN'T A BILL ABOUT

COPYRIGHT."

IT'S NOT?

"NO," HE SAID.

"IT'S A BILL ABOUT THE FREEDOM

TO CONNECT."

NOW I WAS LISTENING.

AND HE THOUGHT ABOUT IT FOR A

WHILE AND THEN SAID YES, AND HE

WENT AND FOUNDED

DEMAND PROGRESS.

DEMAND PROGRESS IS AN ONLINE

ACTIVISM ORGANIZATION.

WE GOT AROUND A MILLION AND A

HALF MEMBERS NOW.

IT STARTED IN THE FALL OF 2010.

AARON WAS ONE OF THE MOST

PROMINENT PEOPLE IN THE

COMMUNITY OF PEOPLE WHO HELPED

LEAD ORGANIZING AROUND

SOCIAL-JUSTICE ISSUES AT THE

FEDERAL LEVEL IN THIS COUNTRY.

SOPA WAS THE BILL THAT WAS

INTENDED TO CURTAIL ONLINE

PIRACY OF MUSIC AND MOVIES, BUT

WHAT IT DID WAS BASICALLY TAKE A

SLEDGEHAMMER TO A PROBLEM THAT

NEEDED A SCALPEL.

IF PASSED, THE LAW WOULD

ALLOW A COMPANY TO CUT OFF

FINANCES TO ENTIRE WEBSITES

WITHOUT DUE PROCESS OR EVEN TO

FORCE GOOGLE TO EXCLUDE THEIR

LINKS.

ALL THEY NEEDED WAS A SINGLE

CLAIM OF COPYRIGHT INFRINGEMENT.

IT PITTED THE TITANS OF

TRADITIONAL MEDIA AGAINST A NEW

AND NOW FAR MORE SOPHISTICATED

REMIX CULTURE.

IT MAKES EVERYONE WHO RUNS A

WEBSITE INTO A POLICEMAN, AND IF

THEY DON'T DO THEIR JOB OF

MAKING SURE NOBODY ON THEIR SITE

USES IT FOR ANYTHING THAT'S EVEN

POTENTIALLY ILLEGAL, THE ENTIRE

SITE CAN GET SHUT DOWN WITHOUT

EVEN SO MUCH AS A TRIAL.

THIS WAS OVER THE TOP.

I MEAN, THIS WAS A CATASTROPHE.

THIS BILL POSES A SERIOUS

THREAT TO SPEECH AND CIVIL

LIBERTIES FOR ALL WHO USE THE

INTERNET.

ONLY A HANDFUL OF US WHO SAID,

"LOOK, WE'RE NOT FOR PIRACY,

EITHER, BUT IT MAKES NO SENSE TO

DESTROY THE ARCHITECTURE OF THE

INTERNET, THE DOMAIN-NAME

SYSTEM, AND SO MUCH THAT MAKES

IT FREE AND OPEN IN THE NAME OF

FIGHTING PIRACY.

AND AARON GOT THAT RIGHT AWAY.

THE FREEDOMS GUARANTEED IN

OUR CONSTITUTION, THE FREEDOMS

OUR COUNTRY HAD BEEN BUILT ON

WOULD BE SUDDENLY DELETED.

NEW TECHNOLOGY INSTEAD OF

BRINGING US GREATER FREEDOM

WOULD HAVE SNUFFED OUT

FUNDAMENTAL RIGHTS WE'D ALWAYS

TAKEN FOR GRANTED.

AND I REALIZED THAT DAY TALKING

TO PETER THAT I COULDN'T LET

THAT HAPPEN.

WHEN SOPA WAS INTRODUCED IN

OCTOBER 2011, IT WAS CONSIDERED

INEVITABLE.

OUR STRATEGY WHEN IT FIRST CAME

OUT WAS TO HOPEFULLY SLOW THE

BILL DOWN, MAYBE WEAKEN IT A

LITTLE BIT.

BUT EVEN WE DIDN'T THINK THAT WE

WOULD BE ABLE TO STOP THIS BILL.

HAVING WORKED IN WASHINGTON,

WHAT YOU LEARN IS THAT TYPICALLY

IN WASHINGTON, THE LEGISLATIVE

FIGHTS ARE FIGHTS BETWEEN

DIFFERENT SETS OF CORPORATE

MONEY INTERESTS.

THEY'RE ALL DUKING IT OUT TO

PASS LEGISLATION.

AND THE FIGHTS THAT ARE THE

CLOSEST ARE WHEN YOU HAVE ONE

SET OF CORPORATE INTERESTS

AGAINST ANOTHER SET OF CORPORATE

INTERESTS AND THEY'RE

FINANCIALLY EQUALLY MATCHED IN

TERMS OF CAMPAIGN CONTRIBUTIONS

AND LOBBYING.

THOSE ARE THE CLOSEST ONES.

THE ONES THAT AREN'T EVEN FIGHTS

TYPICALLY ARE ONES WHERE ALL THE

MONEY IS ON ONE SIDE, ALL THE

CORPORATIONS ARE ON ONE SIDE,

AND IT'S JUST MILLIONS OF PEOPLE

ON THE OTHER SIDE.

HAVEN'T SEEN ANYTHING LIKE

PIPA AND SOPA IN ALL MY TIME IN

PUBLIC SERVICE.

THERE WERE MORE THAN 40

UNITED STATES SENATORS ON THAT

BILL AS CO-SPONSORS, SO THEY

WERE ALREADY A LONG, LONG WAY TO

GETTING THE 60 VOTES TO HAVE IT

CLEAR ALL THE PROCEDURAL HOOPS.

EVEN I BEGAN TO DOUBT MYSELF.

IT WAS A ROUGH PERIOD.

SWARTZ AND DEMAND PROGRESS

WERE ABLE TO MARSHAL ENORMOUS

SUPPORT USING TRADITIONAL

OUTREACH COMBINED WITH COMMONLY

USED VOICEOVER I.P. TO MAKE IT

VERY EASY FOR PEOPLE TO CALL

CONGRESS.

I HAVE NEVER MET ANYBODY ELSE

WHO WAS ABLE TO OPERATE AT HIS

LEVEL BOTH ON THE TECHNOLOGICAL

SIDE AND ON THE

CAMPAIGN-STRATEGY SIDE.

MILLIONS OF PEOPLE CONTACTED

CONGRESS AND SIGNED ANTI-SOPA

PETITIONS.

CONGRESS WAS CAUGHT OFF GUARD.

THERE WAS JUST SOMETHING

ABOUT WATCHING THOSE CLUELESS

MEMBERS OF CONGRESS DEBATE THE

BILL, WATCHING THEM INSIST THEY

COULD REGULATE THE INTERNET AND

A BUNCH OF NERDS COULDN'T

POSSIBLY STOP THEM.

I AM NOT A NERD.

I'M JUST NOT ENOUGH OF A

NERD.

MAYBE WE OUGHT TO ASK SOME

NERDS WHAT THIS THING REALLY

DOES.

[ LAUGHTER ]

LET'S HAVE A HEARING, BRING IN

THE NERDS.

[ LAUGHTER ]

REALLY?

NERDS?

YOU KNOW, I THINK ACTUALLY THE

WORD YOU'RE LOOKING FOR IS

"EXPERTS"...

[ LAUGHTER ]

...TO ENLIGHTEN YOU SO YOUR LAWS

DON'T BACKFIRE AND BREAK THE

INTERNET.

WE USE THE TERM "GEEK," BUT

WE'RE ALLOWED TO USE THAT

BECAUSE WE ARE GEEKS.

THE FACT THAT IT GOT AS FAR AS

IT DID WITHOUT THEM TALKING TO

ANY TECHNICAL EXPERTS REFLECTS

THE FACT THAT THERE IS A

PROBLEM IN THIS TOWN.

I'M LOOKING FOR SOMEBODY TO

COME BEFORE THIS BODY AND

TESTIFY IN A HEARING AND SAY,

"THIS IS WHY THEY'RE WRONG."

THERE USED TO BE AN OFFICE

THAT PROVIDED SCIENCE AND

TECHNOLOGY ADVICE, AND MEMBERS

COULD GO TO THEM AND SAY, "HELP

ME UNDERSTAND XYZ."

AND GINGRICH KILLED IT.

HE SAID IT WAS A WASTE OF MONEY.

EVER SINCE THEN, CONGRESS HAS

PLUNGED INTO THE DARK AGES.

I DON'T THINK ANYBODY REALLY

THOUGHT THAT SOPA COULD BE

BEATEN, INCLUDING AARON.

IT WAS WORTH TRYING, BUT IT

DIDN'T SEEM WINNABLE.

AND I REMEMBER MAYBE A FEW

MONTHS LATER, I REMEMBER HIM

JUST TURNING TO ME AND BEING

LIKE, "I THINK WE MIGHT WIN

THIS."

AND I WAS LIKE, "THAT WOULD BE

AMAZING."

[ CHUCKLES ]

CALLS TO CONGRESS CONTINUE.

WHEN THE DOMAIN HOSTING SITE

GoDaddy BECOMES A SUPPORTER OF

THE BILL, TENS OF THOUSANDS OF

USERS TRANSFERRED THEIR DOMAIN

NAMES IN PROTEST.

WITHIN A WEEK, A HUMBLED GoDaddy

REVERSES THEIR POSITION ON SOPA.

WHEN THE CONGRESS PEOPLE THAT

SUPPORTED THE RECORD AND MOVIE

INDUSTRIES REALIZE THAT THERE

WAS THIS BACKLASH, THEY KIND OF

SCALED THE BILL BACK A LITTLE

BIT.

YOU COULD SEE THE CURVE

HAPPENING.

YOU COULD SEE THAT WE WERE --

THAT OUR ARGUMENTS WERE STARTING

TO RESONATE.

IT WAS LIKE AARON HAD BEEN

STRIKING A MATCH AND IT WAS

BEING BLOWN OUT.

STRIKE ANOTHER ONE, IT WAS BEING

BLOWN OUT.

AND FINALLY, HE, LIKE, MANAGED

TO CATCH ENOUGH KINDLING THAT

THE FLAME ACTUALLY CAUGHT AND

THEN TURNED INTO THIS ROARING

BLAZE.

ON JANUARY 16, 2012, THE

WHITE HOUSE ISSUED A STATEMENT

SAYING THEY DIDN'T SUPPORT THE

BILL.

AND THEN THIS HAPPENED.

I'M A BIG BELIEVER THAT WE

SHOULD BE DEALING WITH ISSUES OF

PIRACY AND WE SHOULD DEAL WITH

THEM IN A SERIOUS WAY.

MM-HMM.

BUT THIS BILL IS NOT THE

RIGHT BILL.

WHEN JIMMY WALES PUT HIS

SUPPORT TOWARDS BLACKING OUT

WIKIPEDIA, THE NUMBER-FIVE MOST

POPULAR WEBSITE IN THE WORLD --

THIS IS A WEBSITE THAT'S SEVERAL

PERCENT OF ALL OF THE CLICKS ON

ANYWHERE ON THE INTERNET.

WIKIPEDIA WENT BLACK.

REDDIT WENT BLACK.

CRAIGSLIST WENT BLACK.

THE PHONE LINES ON CAPITOL HILL

FLAT-OUT MELTED.

MEMBERS OF CONGRESS STARTED

RUSHING TO ISSUE STATEMENTS

RETRACTING THEIR SUPPORT FOR THE

BILL THAT THEY WERE PROMOTING

JUST A COUPLE DAYS AGO.

WITHIN 24 HOURS, THE NUMBER

OF OPPONENTS OF SOPA IN CONGRESS

WENT FROM THIS...

TO THIS.

TO SEE CONGRESSMEN AND

SENATORS SLOWLY FLIP SIDES

THROUGHOUT THE DAY OF THE

BLACKOUT WAS PRETTY

UNBELIEVABLE.

THERE WAS LIKE A

100-REPRESENTATIVE SWING.

AND THAT WAS WHEN, AS HARD AS

IT WAS FOR ME TO BELIEVE AFTER

ALL THIS, WE HAD WON.

THE THING THAT EVERYONE SAID WAS

IMPOSSIBLE, THAT SOME OF THE

BIGGEST COMPANIES IN THE WORLD

HAD WRITTEN OFF AS KIND OF A

PIPE DREAM HAD HAPPENED.

WE DID IT.

WE WON.

THIS IS A HISTORIC WEEK IN

INTERNET POLITICS, MAYBE

AMERICAN POLITICS.

THE THING THAT WE HAD FROM

PEOPLE IN WASHINGTON, D.C., FROM

THE STAFFERS ON CAPITOL HILL WAS

THEY RECEIVED MORE E-MAILS AND

MORE PHONE CALLS ON SOPA

BLACKOUT DAY THAN THEY'D EVER

RECEIVED ABOUT ANYTHING.

I THINK THAT WAS AN EXTREMELY

EXCITING MOMENT.

THIS WAS THE MOMENT WHEN THE

INTERNET HAD GROWN UP

POLITICALLY.

IT WAS EXHILARATING BECAUSE

IT'S HARD TO BELIEVE IT ACTUALLY

HAPPENED.

IT'S HARD TO BELIEVE A BILL WITH

SO MUCH FINANCIAL POWER BEHIND

IT DIDN'T SIMPLY SAIL THROUGH

THE CONGRESS.

AND NOT ONLY DID IT NOT SAIL

THROUGH, IT DIDN'T PASS AT ALL.

IT'S EASY SOMETIMES TO FEEL

LIKE YOU'RE POWERLESS.

LIKE, WHEN YOU COME OUT ON THE

STREETS AND YOU MARCH AND YOU

YELL AND NOBODY HEARS YOU.

BUT I'M HERE TO TELL YOU TODAY,

YOU ARE POWERFUL.

[ CHEERS AND APPLAUSE ]

SAY, MAYBE SOMETIMES YOU FEEL

LIKE YOU'RE NOT BEING LISTENED

TO, BUT I'M HERE TO TELL YOU

THAT YOU ARE.

YOU A BEING LISTENED TO.

YOU A MAKING A DIFFERENCE.

YOU CAN STOP THIS BILL IF YOU

DON'T STOP FIGHTING.

[ CHEERS AND APPLAUSE ]

STOP PIPA! STOP SOPA!

[ CHEERS AND APPLAUSE ]

SOME OF THE BIGGEST INTERNET

COMPANIES, TO PUT IT FRANKLY,

WOULD BENEFIT FROM A WORLD IN

WHICH THEIR LITTLE COMPETITORS

COULD GET CENSORED.

WE CAN'T LET THAT HAPPEN.

FOR HIM, IT WAS MORE

IMPORTANT TO BE SURE THAT YOU

MADE A SMALL CHANGE THAN TO PLAY

A SMALL PART IN A BIG CHANGE.

BUT SOPA WAS LIKE PLAYING A

MAJOR PART IN A MAJOR CHANGE.

[ CHUCKLES ]

AND SO, FOR HIM, IT WAS KIND OF

HIS PROOF OF CONCEPT.

LIKE, "OKAY, YOU KNOW, WHAT I

WANT TO DO WITH MY LIFE IS

CHANGE THE WORLD.

I THINK ABOUT IT IN THIS REALLY

SCIENTIFIC WAY OF, LIKE, I'M

MEASURING MY IMPACT, AND THIS

SHOWS THAT IT'S POSSIBLE, RIGHT,

THAT THE THING THAT I WANT TO DO

WITH MY LIFE IS POSSIBLE.

I HAVE PROVED THAT I CAN DO IT,

THAT I, AARON SWARTZ, CAN CHANGE

THE WORLD."

FOR A GUY WHO NEVER REALLY

THOUGHT HE HAD DONE MUCH, WHICH

WAS AARON, IT WAS ONE OF THE FEW

MOMENTS WHERE YOU COULD REALLY

SEE THAT HE FELT LIKE HE HAD

DONE SOMETHING GOOD, FEELING,

LIKE, HERE IS HIS MAYBE ONE AND

ONLY VICTORY LAP.

EVERYONE SAID THERE WAS NO

WAY WE COULD STOP SOPA.

WE STOPPED IT.

THIS IS THREE OUTRAGEOUSLY GOOD

VICTORIES, AND THE YEAR ISN'T

EVEN OVER YET.

I MEAN, IF THERE'S A TIME TO BE

POSITIVE, IT'S NOW.

YOU KNOW, HE WINS AT SOPA A

YEAR AFTER HE'S ARRESTED.

IT'S NOT AN AMBIGUOUSLY HAPPY

MOMENT.

THERE'S A LOT GOING ON.

HE'S SO ATTUNED TOWARDS

PARTICIPATING IN THE POLITICAL

PROCESS, YOU CAN'T STOP HIM.

THE LIST OF ORGANIZATIONS

SWARTZ FOUNDED OR CO-FOUNDED IS

ENORMOUS.

AND YEARS BEFORE EDWARD SNOWDEN

WOULD EXPOSE WIDESPREAD INTERNET

SURVEILLANCE, SWARTZ WAS ALREADY

CONCERNED.

IT IS SHOCKING TO THINK THAT

THE ACCOUNTABILITY IS SO LAX

THAT THEY DON'T EVEN HAVE SORT

OF BASIC STATISTICS ABOUT HOW

BIG THE SPYING PROGRAM IS.

IF THE ANSWER IS, "OH, WE'RE

SPYING ON SO MANY PEOPLE, WE

CAN'T POSSIBLY EVEN COUNT THEM,"

THEN THAT'S AN AWFUL LOT OF

PEOPLE.

ONE THING THAT THEY SAID, "LOOK,

YOU KNOW, WE KNOW THE NUMBER OF

TELEPHONES WE'RE SPYING ON.

WE DON'T KNOW EXACTLY HOW MANY

REAL PEOPLE THAT CORRESPONDS

TO."

BUT THEY JUST CAME BACK AND

SAID, "WE CAN'T GIVE YOU A

NUMBER AT ALL."

THAT'S PRETTY -- I MEAN, IT'S

SCARY IS WHAT IT IS.

WELL, THAT'S SCARY.

AND THEY PUT INCREDIBLE

PRESSURE ON HIM, TOOK AWAY HIS,

YOU KNOW, ALL OF THE MONEY HE

HAD MADE.

THEY, YOU KNOW, THREATENED TO

TAKE AWAY HIS PHYSICAL FREEDOM.

WHY'D THEY DO IT, YOU KNOW?

I MEAN, WELL, WHY ARE THEY GOING

AFTER WHISTLEBLOWERS, YOU KNOW?

WHY ARE THEY GOING AFTER PEOPLE

WHO TELL THE TRUTH ABOUT ALL

SORTS OF THINGS?

I MEAN, FROM THE BANKS TO THE,

YOU KNOW, TO WAR TO JUST SORT

OF GOVERNMENT TRANSPARENCY.

SO, SECRECY SERVES THOSE WHO

ARE ALREADY IN POWER, AND WE ARE

LIVING IN AN ERA OF SECRECY THAT

COINCIDES WITH AN ERA WHERE THE

GOVERNMENT IS DOING ALSO A LOT

OF THINGS THAT ARE PROBABLY

ILLEGAL AND UNCONSTITUTIONAL.

SO, THOSE TWO THINGS ARE NOT

COINCIDENCES.

IT'S VERY CLEAR THAT THIS

TECHNOLOGY HAS BEEN DEVELOPED

NOT FOR SMALL COUNTRIES

OVERSEAS, BUT RIGHT HERE FOR USE

IN THE UNITED STATES BY THE U.S.

GOVERNMENT.

THE PROBLEM WITH THE SPYING

PROGRAM IS IT'S THIS SORT OF

LONG, SLOW EXPANSION, YOU KNOW,

GOING BACK TO THE NIXON

ADMINISTRATION, RIGHT?

OBVIOUSLY IT BECAME BIG AFTER

9/11 UNDER GEORGE W. BUSH, AND

OBAMA HAS CONTINUED TO EXPAND

IT, AND THE PROBLEMS HAVE SLOWLY

GROWN WORSE AND WORSE.

BUT THERE'S NEVER BEEN THIS

MOMENT YOU CAN POINT TO AND SAY,

"OKAY, WE NEED TO GALVANIZE

OPPOSITION TODAY BECAUSE TODAY

IS WHEN IT MATTERS."

THE PROSECUTION, IN MY

ESTIMATION, OF AARON SWARTZ WAS

ABOUT SENDING A PARTICULAR

LASER-LIKE MESSAGE TO A GROUP OF

PEOPLE THAT THE OBAMA

ADMINISTRATION SEES AS

POLITICALLY THREATENING.

AND THAT IS ESSENTIALLY THE

HACKER, THE INFORMATION, AND THE

DEMOCRACY ACTIVIST COMMUNITY.

AND THE MESSAGE THAT THE OBAMA

ADMINISTRATION WANTED TO SEND TO

THAT PARTICULAR COMMUNITY WAS,

IN MY ESTIMATION, "WE KNOW YOU

HAVE THE ABILITY TO MAKE TROUBLE

FOR THE ESTABLISHMENT, AND SO WE

ARE GOING TO TRY TO MAKE AN

EXAMPLE OUT OF AARON SWARTZ TO

SCARE AS MANY OF YOU AS POSSIBLE

INTO NOT MAKING THAT TROUBLE."

AND THE GOVERNMENT SAID, "OH,

THE LEGAL OPINIONS WE'RE USING

TO LEGALIZE THE SPYING PROGRAM

ARE ALSO CLASSIFIED, SO WE CAN'T

EVEN TELL YOU WHICH LAWS WE'RE

USING TO SPY ON YOU."

EVERY TIME THEY CAN SAY, "OH,

THIS IS ANOTHER INSTANCE OF

CYBER WAR" OR "THE CYBER

CRIMINALS ARE ATTACKING US

AGAIN.

WE'RE ALL IN DANGER.

WE'RE ALL UNDER THREAT," THEY

USE THOSE AS EXCUSES TO PUSH

THROUGH MORE AND MORE DANGEROUS

LAWS.

AND SO, JUST TO FOLLOW, LIKE,

PERSONALLY, HOW DO YOU FEEL THE

FIGHT IS GOING?

IT'S UP TO YOU.

[ CHUCKLES ]

YOU KNOW, THERE'S SORT OF THESE

TWO POLARIZING PERSPECTIVES,

RIGHT?

EVERYTHING IS GREAT.

THE INTERNET HAS CREATED ALL

THIS FREEDOM AND LIBERTY AND

EVERYTHING'S GONNA BE FANTASTIC,

OR EVERYTHING IS TERRIBLE.

THE INTERNET HAS CREATED ALL

THESE TOOLS FOR CRACKING DOWN

AND SPYING AND, YOU KNOW,

CONTROLLING WHAT WE SAY.

AND I THINK BOTH ARE TRUE,

RIGHT?

THE INTERNET HAS DONE BOTH.

AND BOTH ARE KIND OF AMAZING AND

ASTONISHING.

AND WHICH ONE WILL WIN OUT IN

THE LONG RUN IS UP TO US.

IT DOESN'T MAKE SENSE TO SAY,

"OH, ONE IS DOING BETTER THAN

THE OTHER."

YOU KNOW, THEY'RE BOTH TRUE.

AND IT'S UP TO US WHICH ONES WE

EMPHASIZE AND WHICH ONES WE TAKE

ADVANTAGE OF, BECAUSE THEY'RE

BOTH THERE AND THEY'RE BOTH

ALWAYS GONNA BE THERE.

ON SEPTEMBER 12, 2012,

FEDERAL PROSECUTORS FILED A

SUPERSEDING INDICTMENT AGAINST

SWARTZ, ADDING ADDITIONAL COUNTS

OF WIRE FRAUD, UNAUTHORIZED

ACCESS TO A COMPUTER, AND

COMPUTER FRAUD.

NOW INSTEAD OF FOUR FELONY

COUNTS, SWARTZ WAS FACING 13.

THE PROSECUTION'S LEVERAGE HAD

DRAMATICALLY INCREASED, AS DID

SWARTZ'S POTENTIAL JAIL TIME AND

FINES.

THEY FILED A SEPARATE

INDICTMENT TO ADD MORE CHARGES,

AND THEY HAD A THEORY ABOUT WHY

THIS CONDUCT CONSTITUTED A

NUMBER OF FEDERAL CRIMES AND

THAT A VERY SIGNIFICANT SENTENCE

COULD ATTACH TO IT UNDER THE

LAW.

THAT THEORY AND MUCH OF THE

PROSECUTION'S CASE AGAINST

SWARTZ INVOLVED A LAW CREATED

ORIGINALLY IN 1986.

IT IS CALLED THE

COMPUTER FRAUD AND ABUSE ACT.

THE COMPUTER FRAUD AND ABUSE

ACT WAS INSPIRED BY THE MOVIE

"WarGames" WITH

MATTHEW BRODERICK, WHICH WAS A

GREAT MOVIE.

I HAVE YOU NOW.

IN THIS MOVIE, A KID GETS THE

ABILITY THROUGH THE MAGIC OF

COMPUTER NETWORKS TO, LIKE,

LAUNCH A NUCLEAR ATTACK.

YOU KNOW, THAT'S NOT ACTUALLY

POSSIBLE, AND IT CERTAINLY

WASN'T POSSIBLE IN THE '80s, BUT

APPARENTLY THIS MOVIE SCARED

CONGRESS ENOUGH TO PASS THE

ORIGINAL COMPUTER FRAUD AND

ABUSE ACT.

THIS IS A LAW THAT'S JUST

BEHIND THE TIMES.

FOR EXAMPLE, IT PENALIZES A

"TERMS OF SERVICE" KINDS OF

ARRANGEMENTS.

YOU KNOW, SOMETHING LIKE

eHarmony OR match.com AND

SOMEBODY SORT OF INFLATES THEIR

OWN PERSONAL CHARACTERISTICS.

AND ALL OF A SUDDEN, DEPENDING

ON THE JURISDICTION AND THE

PROSECUTORS, THEY COULD BE IN A

WHOLE HOST OF TROUBLES.

WE ALL KNOW WHAT TERMS OF USE

ARE.

MOST PEOPLE DON'T READ THEM.

BUT NOT ABIDING BY THEIR TERMS

COULD MEAN YOU ARE COMMITTING A

FELONY.

THE WEBSITE TERMS OF SERVICE

OFTEN SAY THINGS LIKE "BE NICE

TO EACH OTHER" OR "DON'T DO

ANYTHING THAT'S IMPROPER."

THE IDEA THAT THE CRIMINAL LAW

HAS ANYTHING TO SAY ABOUT THESE

KINDS OF VIOLATIONS I THINK

STRIKES MOST PEOPLE AS CRAZY.

THE EXAMPLES GET EVEN MORE

CRAZY.

UNTIL IT WAS CHANGED IN

MARCH OF 2013, THE TERMS OF USE

ON THE WEBSITE OF HEARST'S

SEVENTEEN MAGAZINE SAID YOU HAD

TO BE 18 IN ORDER TO READ IT.

I WOULD SAY THAT THE WAY THE

CFAA HAS BEEN INTERPRETED BY THE

JUSTICE DEPARTMENT, WE ARE

PROBABLY ALL BREAKING THE LAW.

VAGUE AND PRONE TO MISUSE,

THE CFAA HAS BECOME A

ONE-SIZE-FITS-ALL HAMMER FOR A

WIDE RANGE OF COMPUTER-RELATED

DISPUTES.

THOUGH NOT THE ONLY FACTOR IN

HIS CASE, 11 OF THE 13 CHARGES

AGAINST SWARTZ INVOLVED THE

COMPUTER FRAUD AND ABUSE ACT.

THE QUESTION "WHY?" HANGS OVER

MUCH OF THE STORY OF

AARON SWARTZ.

JUST WHAT WAS MOTIVATING THE

GOVERNMENT, AND WHAT WOULD THEIR

CASE HAVE BEEN?

THE DEPARTMENT OF JUSTICE

DECLINED REQUESTS FOR ANSWERS,

BUT PROFESSOR ORIN KERR IS A

FORMER PROSECUTOR WHO HAS

STUDIED THE CASE.

SO, I THINK I COME ABOUT THIS

CASE FROM A DIFFERENT DIRECTION

THAN OTHER PEOPLE ON A NUMBER OF

REASONS.

I WAS A FEDERAL PROSECUTOR WITH

THE JUSTICE DEPARTMENT FOR THREE

YEARS BEFORE I STARTED TEACHING.

THE GOVERNMENT CAME FORWARD WITH

AN INDICTMENT BASED ON WHAT

CRIMES THEY THOUGHT WERE

COMMITTED.

JUST AS A PURELY LAWYER'S

MATTER -- LOOKING AT THE

PRECEDENTS, LOOKING AT THE

STATUTE, LOOKING AT THE HISTORY,

LOOKING AT THE CASES THAT ARE

OUT THERE SO FAR -- I THINK IT

WAS A FAIR INDICTMENT BASED ON

THAT.

YOU CAN DEBATE WHETHER THEY

SHOULD HAVE CHARGED THIS CASE.

THERE'S JUST A LOT OF

DISAGREEMENT.

SOME PEOPLE ARE ON, YOU KNOW,

THE OPEN ACCESS SIDE.

SOME PEOPLE ARE NOT.

I THINK THE GOVERNMENT TOOK

SWARTZ'S GUERILLA OPEN ACCESS

MANIFESTO VERY SERIOUSLY.

AND I THINK THEY SAW HIM AS

SOMEBODY WHO WAS COMMITTED AS A

MORAL IMPERATIVE TO BREAKING THE

LAW TO OVERCOME A LAW THAT

SWARTZ SAW AS UNJUST.

AND IN A DEMOCRACY, IF YOU THINK

A LAW IS UNJUST, THERE ARE WAYS

OF CHANGING THAT LAW.

THERE'S GOING TO CONGRESS, AS

SWARTZ DID SO MASTERFULLY WITH

SOPA.

OR YOU CAN VIOLATE THAT LAW IN A

WAY TO TRY TO NULLIFY THAT LAW.

AND I THINK WHAT WAS DRIVING THE

PROSECUTION WAS THE SENSE THAT

SWARTZ WAS COMMITTED NOT JUST TO

BREAKING THE LAW BUT TO REALLY

MAKING SURE THAT LAW WAS

NULLIFIED, THAT EVERYONE WOULD

HAVE ACCESS TO THE DATABASE IN A

WAY THAT YOU COULDN'T PUT THE

TOOTHPASTE BACK INTO THE TUBE.

IT WOULD BE DONE, AND SWARTZ'S

SIDE WOULD WIN.

THERE'S A BIG DISAGREEMENT IN

SOCIETY AS TO WHETHER THAT IS AN

UNJUST LAW, AND ULTIMATELY

THAT'S A DECISION FOR THE

AMERICAN PEOPLE TO MAKE WORKING

THROUGH CONGRESS.

AND THEN THE SECOND PROBLEM IS,

I THINK, WE'RE STILL TRYING TO

FIGURE OUT WHAT'S THE LINE

BETWEEN LESS SERIOUS OFFENSES

AND MORE SERIOUS OFFENSES?

WE'RE NOW ENTERING THIS

DIFFERENT ENVIRONMENT OF

COMPUTERS AND COMPUTER MISUSE,

AND WE DON'T YET HAVE A REALLY

STRONG SENSE OF EXACTLY WHAT

THESE LINES ARE.

WE'RE JUST WORKING THAT OUT.

THIS IS A POOR USE OF

PROSECUTORIAL DISCRETION.

THE HAMMER THAT THE JUSTICE

DEPARTMENT HAS TO SCARE PEOPLE

WITH, IT JUST GETS BIGGER AND

BIGGER AND BIGGER.

AND SO, MOST PEOPLE JUST, YOU

KNOW, YOU CAN'T ROLL THE DICE

WITH YOUR LIFE LIKE THAT.

SHOULD WE TAP SOMEBODY'S

PHONE?

SHOULD WE FILM THEM?

SHOULD WE TURN SOMEBODY AND GET

THEM TO TESTIFY AGAINST THESE

OTHER PEOPLE?

THAT'S HOW FEDERAL AGENTS AND

PROSECUTORS THINK.

THEY BUILD CASES.

THEY MAKE CASES.

SWARTZ WAS CAUGHT IN THE

GEARS OF A BRUTAL

CRIMINAL-JUSTICE SYSTEM THAT

COULD NOT TURN BACK, A MACHINE

THAT HAS MADE AMERICA THE

COUNTRY WITH THE HIGHEST RATE OF

INCARCERATION IN THE WORLD.

WE HAVE, IN THIS COUNTRY,

ALLOWED OURSELVES TO BE CAPTURED

BY THE POLITICS OF FEAR AND

ANGER, AND ANYTHING WE'RE AFRAID

OF, LIKE THE FUTURE OF THE

INTERNET AND ACCESS AND ANYTHING

WE'RE ANGRY ABOUT, INSTINCTIVELY

CREATES A CRIMINAL-JUSTICE

INTERVENTION.

AND WE'VE USED JAIL, PRISON, AND

PUNISHMENT TO RESOLVE A WHOLE

HOST OF PROBLEMS THAT

HISTORICALLY WERE NEVER SEEN AS

CRIMINAL-JUSTICE PROBLEMS.

THE IMPULSE TO THREATEN, INDICT,

PROSECUTE, WHICH IS PART OF WHAT

HAS CREATED THIS DEBATE AND

CONTROVERSY OVER ONLINE ACCESS

AND INFORMATION ON THE INTERNET,

IS VERY CONSISTENT WITH WHAT

WE'VE SEEN IN OTHER AREAS.

THE ONE DIFFERENCE IS THAT THE

PEOPLE WHO ARE USUALLY TARGETED

AND VICTIMIZED BY THESE KINDS OF

CRIMINAL INCARCERAL RESPONSES

ARE TYPICALLY POOR IN MINORITY.

SWARTZ'S ISOLATION FROM

FRIENDS AND FAMILY INCREASED.

HE HAD BASICALLY STOPPED

WORKING ON ANYTHING ELSE, AND

THE CASE WAS, IN FACT, LIKE,

TAKING OVER SORT OF HIS WHOLE

LIFE.

ONE OF AARON'S LAWYERS

APPARENTLY TOLD THE PROSECUTORS

THAT HE WAS EMOTIONALLY

VULNERABLE AND THAT THAT WAS

SOMETHING THAT THEY REALLY

NEEDED TO KEEP IN MIND SO THAT

THEY KNEW THAT.

IT WAS WEIGHING ON HIM VERY

HEAVILY.

HE DID NOT LIKE HAVING HIS

ACTIONS AND HIS MOVEMENTS

RESTRICTED IN ANY WAY.

AND THE THREAT OF JAIL, WHICH

THEY POUNDED HIM WITH A LOT, WAS

TERRIFYING TO HIM.

COMPLETELY EXHAUSTED HIS

FINANCIAL RESOURCES, AND IT COST

US A LOT OF MONEY, ALSO, AND HE

RAISED A SUBSTANTIAL AMOUNT OF

MONEY.

SO, IT WAS, YOU KNOW, IT WAS IN

THE MILLIONS OF DOLLARS.

THE LEGAL DEFENSE?

YES.

WAS IN THE MILLIONS?

YES.

YEAH, I THINK HE DIDN'T WANT

TO BE A BURDEN TO PEOPLE.

I THINK THAT WAS A FACTOR.

LIKE, "I HAVE MY NORMAL LIFE,

AND THEN I HAVE THIS SHITTY

THING I HAVE TO DEAL WITH, AND I

TRY TO, LIKE, KEEP THE TWO OF

THEM AS SEPARATE AS POSSIBLE."

BUT THEY WERE JUST BEGINNING TO

BLUR TOGETHER AND EVERYTHING WAS

BECOMING SHITTY.

SWARTZ FACED A TOUGH CHOICE

THAT WAS ONLY GETTING TOUGHER.

DO YOU ADMIT GUILT AND MOVE ON

WITH YOUR LIFE, OR DO YOU FIGHT

A BROKEN SYSTEM?

WITH HIS LEGAL CASE, THE ANSWER

WAS SIMPLE.

HE REJECTS THE FINAL PLEA DEAL,

AND A TRIAL DATE IS SET.

AARON WAS RESOLUTE THAT HE

DIDN'T WANT TO KNUCKLE UNDER AND

ACCEPT SOMETHING THAT HE DIDN'T

BELIEVE WAS FAIR, BUT I ALSO

THINK HE WAS SCARED.

I DON'T THINK THEY WOULD HAVE

CONVICTED AARON.

I THINK WE WOULD HAVE WALKED HIM

OUT OF THAT COURTHOUSE AND I

WOULD HAVE GIVEN HIM A BIG HUG

AND WE WOULD HAVE WALKED ACROSS

THAT LITTLE RIVER IN BOSTON AND

GONE AND HAD A COUPLE OF BEERS.

* TO GO HOME

I REALLY THOUGHT THAT WE WERE

RIGHT.

I THOUGHT THAT WE WERE GONNA WIN

THE CASE.

I THOUGHT THAT WE COULD WIN THE

CASE.

HE DIDN'T TALK ABOUT IT VERY

MUCH, BUT YOU COULD SEE THE

ENORMOUS PAIN THAT HE WAS GOING

THROUGH.

* CAN'T BE FAR AWAY

NO TIME IN HIS CHILDHOOD DID

AARON HAVE ANY SEVERE MOOD

SWINGS OR, LIKE, DEPRESSIVE

EPISODES OR ANYTHING THAT I

WOULD DESCRIBE AS SEVERE

DEPRESSION.

AND IT'S POSSIBLE, YOU KNOW, HE

WAS DEPRESSED.

PEOPLE GET DEPRESSED.

VERY EARLY IN OUR

RELATIONSHIP, LIKE THREE OR FOUR

WEEKS IN OR SOMETHING, I

REMEMBER HIM SAYING TO ME...

THAT I WAS A LOT STRONGER THAN

HE WAS.

YOU KNOW, HE WAS BRITTLE IN A

LOT OF WAYS.

THINGS WERE A LOT HARDER FOR HIM

THAN FOR A LOT OF PEOPLE.

WAS PART OF HIS BRILLIANCE, TOO.

I THINK HE PROBABLY HAD

SOMETHING LIKE CLINICAL

DEPRESSION IN HIS EARLY 20's.

I DON'T THINK HE DID WHEN I WAS

WITH HIM.

HE WASN'T A JOYFUL PERSON, BUT

THAT'S DIFFERENT FROM BEING

DEPRESSED.

HE WAS JUST UNDER SUCH ENORMOUS

PRESSURE FOR TWO YEARS STRAIGHT.

HE JUST DIDN'T WANT TO DO IT

ANYMORE.

HE WAS JUST -- LIKE, I JUST

THINK IT WAS TOO MUCH.

* SIT QUIETLY

* ALONE

I GOT A PHONE CALL LATE AT

NIGHT.

I COULD TELL SOMETHING WAS

WRONG, AND THEN I CALLED, AND I

REALIZED WHAT HAD HAPPENED.

A CO-FOUNDER OF THE SOCIAL

NEWS AND ENTERTAINMENT WEBSITE

REDDIT HAS BEEN FOUND DEAD.

POLICE SAY 26-YEAR-OLD

AARON SWARTZ KILLED HIMSELF

YESTERDAY IN HIS BROOKLYN

APARTMENT.

[ RAIN PATTERING ]

[ THUNDER RUMBLES ]

I JUST THOUGHT, "WE'VE LOST

ONE OF THE MOST CREATIVE MINDS

OF OUR GENERATION.

IT WAS LIKE THE WHOLE WORLD

FELL APART AT THAT MOMENT.

UM...

[ SIGHS ]

IT WAS ONE OF THE HARDEST NIGHTS

OF MY LIFE.

I KEPT SCREAMING, "I CAN'T

HEAR YOU.

WHAT DID YOU SAY?

I CAN'T HEAR YOU."

[ SIGHS ]

I CAN'T. THAT'S IT.

[ SNIFFLES ]

UH...

LIKE, YEAH, NONE OF IT MADE ANY

SENSE.

IT REALLY STILL DOESN'T.

I WAS SO FRUSTRATED AND

ANGRY.

[ INHALES SHAKILY ]

[ EXHALES DEEPLY ]

YOU KNOW, I TRIED TO EXPLAIN IT

TO MY KIDS.

MY 3-YEAR-OLD TOLD ME THAT THE

DOCTORS WOULD FIX HIM.

I'VE KNOWN LOTS OF PEOPLE THAT

HAVE DIED, BUT I'VE NEVER LOST

ANYBODY LIKE THIS.

[ SNIFFLES ]

BECAUSE EVERYBODY FEELS -- AND I

DO, TOO -- THERE'S SO MUCH WE

COULD HAVE -- MORE TO DO.

LIKE, I JUST DIDN'T KNOW HE WAS

THERE.

I DIDN'T KNOW THIS WAS WHAT HE

WAS SUFFERING AND...

HE WAS PART OF ME.

AND I JUST WANTED IT TO NOT BE

REAL.

AND THEN...

AND THEN I JUST LOOKED AT HIS

WIKIPEDIA PAGE, AND I SAW THE

END DATE.

"TO 2013."

"AARON IS DEAD.

WANDERERS IN THIS CRAZY WORLD,

WE HAVE LOST A MENTOR, A WISE

ELDER.

HACKERS FOR RIGHT, WE ARE ONE

DOWN.

WE'VE LOST ONE OF OUR OWN.

NURTURERS, CARERS, LISTENERS,

FEEDERS, PARENTS ALL, WE HAVE

LOST A CHILD.

LET US ALL WEEP."

MY FIRST THOUGHT WAS, "WHAT

IF NOBODY EVEN NOTICES?"

YOU KNOW, 'CAUSE IT WASN'T CLEAR

TO ME HOW SALIENT HE WAS.

I HAD NEVER SEEN ANYTHING

QUITE LIKE THE OUTPOURING I SAW.

THE NET JUST LIT UP.

I MEAN, EVERYONE WAS TRYING

TO -- TO EXPLAIN IT IN THEIR OWN

WAY, BUT I'VE NEVER SEEN PEOPLE

GRIEVE ON TWITTER BEFORE.

PEOPLE WERE VISIBLY GRIEVING

ONLINE.

HE WAS THE INTERNET'S OWN

BOY.

AND THE OLD WORLD KILLED HIM.

WE ARE STANDING IN THE MIDDLE

OF A TIME WHEN GREAT INJUSTICE

IS NOT TOUCHED.

ARCHITECTS OF THE FINANCIAL

MELTDOWN HAVE DINNER WITH THE

PRESIDENT REGULARLY.

THE MIDDLE OF THAT TIME, THE

IDEA THAT THIS WAS WHAT THE

GOVERNMENT HAD TO PROSECUTE...

JUST SEEMS ABSURD, IF IT WEREN'T

TRAGIC.

THE QUESTION IS, "CAN WE DO

SOMETHING GIVEN WHAT'S HAPPENED

TO MAKE THE WORLD A BETTER

PLACE?

AND HOW CAN WE FURTHER THAT

LEGACY?"

THAT'S THE ONLY QUESTION ONE CAN

ASK.

ALL OVER THE WORLD, THERE

WERE STARTING TO BE HACKATHONS

AND GATHERINGS.

AARON SWARTZ HAS, IN SOME SENSE,

BROUGHT THE BEST OUT OF US IN

TRYING TO SAY, "HOW DO WE FIX

THIS?"

HE WAS, IN MY HUMBLE OPINION,

ONE OF THE TRUE EXTRAORDINARY

REVOLUTIONARIES THAT THIS

COUNTRY HAS PRODUCED.

I DON'T KNOW WHETHER AARON

WAS DEFEATED OR VICTORIOUS, BUT

WE ARE CERTAINLY SHAPED BY THE

HAND OF THE THINGS THAT HE

WRESTLED WITH.

WHEN WE TURN ARMED AGENTS OF

THE LAW ON CITIZENS TRYING TO

INCREASE ACCESS TO KNOWLEDGE,

WE'VE BROKEN THE RULE OF LAW.

WE'VE DESECRATED THE TEMPLE OF

JUSTICE.

AARON SWARTZ WAS NOT A CRIMINAL.

[ APPLAUSE ]

CHANGE DOES NOT ROLL IN ON THE

WHEELS OF INEVITABILITY.

IT COMES THROUGH CONTINUOUS

STRUGGLE.

AARON REALLY COULD DO MAGIC.

AND I'M DEDICATED TO MAKING SURE

THAT HIS MAGIC DOESN'T END WITH

HIS DEATH.

HE BELIEVED THAT HE COULD CHANGE

THE WORLD.

AND HE WAS RIGHT.

OUT OF THE LAST WEEK AND OUT OF

TODAY, FENCES ARE ALREADY

RISING.

[ APPLAUSE ]

SINCE SWARTZ'S DEATH,

REPRESENTATIVE ZOE LOFGREN AND

SENATOR RON WYDEN HAVE

INTRODUCED LEGISLATION THAT

WOULD REFORM THE

COMPUTER FRAUD AND ABUSE ACT,

THE OUTDATED LAW THAT FORMED THE

MAJORITY OF THE CHARGES AGAINST

SWARTZ.

IT'S CALLED AARON'S LAW.

AARON BELIEVED THAT, LIKE,

YOU LITERALLY OUGHT TO BE ASKING

YOURSELF ALL OF THE TIME, "WHAT

IS THE MOST IMPORTANT THING I

CAN BE WORKING ON IN THE WORLD

RIGHT NOW?

AND IF YOU'RE NOT WORKING ON

THAT, WHY AREN'T YOU?"

[ PROTESTORS CHANTING ]

I WISH WE COULD CHANGE THE

PAST, BUT WE CANNOT.

BUT WE COULD CHANGE THE FUTURE,

AND WE MUST.

WE MUST DO SO FOR AARON.

WE MUST DO SO FOR OURSELVES.

WE MUST DO SO TO MAKE OUR WORLD

A BETTER PLACE, A MORE HUMANE

PLACE, A PLACE WHERE JUSTICE

WORKS AND ACCESS TO KNOWLEDGE

BECOMES A HUMAN RIGHT.

SO, THERE WAS A KID BACK IN

FEBRUARY FROM BALTIMORE --

14 YEARS OLD -- WHO HAD ACCESS

TO JSTOR, AND HE'D BEEN

SPELUNKING THROUGH JSTOR AFTER

READING SOMETHING, AND HE

FIGURED OUT A WAY TO DO EARLY

TESTS FOR PANCREATIC CANCER.

AND PANCREATIC CANCER KILLS THE

SHIT OUT OF YOU, BECAUSE WE

DETECT IT WAY TOO LATE.

BY THE TIME WE DETECT IT, IT'S

WAY TOO LATE TO DO ANYTHING

ABOUT IT.

AND HE SENT E-MAILS OFF TO THE

ENTIRE ONCOLOGY DEPARTMENT AT

JOHNS HOPKINS -- YOU KNOW,

HUNDREDS OF THEM -- AND EVERY--

14-YEAR-OLD?

14-YEAR-OLD KID, YEAH.

AND MOST OF THEM IGNORED IT,

RIGHT?

BUT ONE OF THEM, LIKE, SENT HIM

AN E-MAIL BACK AND SAID, "THIS

IS NOT AN ENTIRELY STUPID IDEA.

WHY DON'T YOU COME ON OVER?"

AND THIS KID WORKED EVENINGS AND

WEEKENDS WITH THIS RESEARCHER.

AND IN FEBRUARY, I HEARD HIM ON

THE NEWS, JUST A COUPLE OF WEEKS

AFTER AARON DIED WHEN AARON WAS

IN THE NEWS A LOT.

SORRY.

[ Voice breaking ] AND HE SAID

THE REASON HE WAS ON THE NEWS IS

'CAUSE THEY'D DONE IT.

THEY WERE SHIPPING AN EARLY TEST

FOR PANCREATIC CANCER THAT WAS

GONNA SAVE LIVES.

AND HE SAID, "THIS IS WHY WHAT

AARON DID WAS SO IMPORTANT."

BECAUSE YOU NEVER KNOW, RIGHT?

THIS TRUTH OF THE UNIVERSE IS

NOT ONLY SOMETHING THAT

POLICYMAKERS USE TO FIGURE OUT,

YOU KNOW, WHAT THE SPEED LIMIT

SHOULD BE.

IT'S WHERE THE THING THAT'S

GONNA KEEP, YOU KNOW, YOUR KID

FROM DYING OF PANCREATIC CANCER

COMES FROM.

AND WITHOUT ACCESS, THE PERSON

WHO MIGHT COME UP WITH THE THING

THAT'S GOT YOUR NUMBER ON IT MAY

NEVER FIND THAT ANSWER.

"HE SLEEP SO WELL, HE DIDN'T

FALL OUT OF BED ONCE, NOT EVEN

WHEN HE DREAMED HE WAS BACK ON

THE SPACECRAFT."

VERY GOOD, AARON!

VERY GOOD! YAY, AARON!

OKAY!

NOW IT'S SONG TIME.

[ SOFT GUITAR MUSIC PLAYING ]