January 18, 2013  ·  Lessig  · Reblogged from  Tumblr

A week ago today, Aaron gave up. And since I received the call late Friday night telling me that, like so many others who were close to him, I have not rested. Not slept, really. Not connected with my kids, at all. Not held my wife except to comfort her tears, or for her to comfort mine. 

Instead of rest, I have been frantically trying to explain, to connect, and to make sense of all of this. Endless emails responding to incredible kindness, phone call after phone call with reporters and friends, and the only solace I know: writing. 

But none of that has made this better. Indeed, with every exchange, it only gets worse. I understand it less. I am angry more. I think of yet another, “If only I had …”

I need to step back from this for now. I am grateful for your kind emails. I am sorry if I can’t answer them. To the scores of people who write to tell me they were wronged by US Attorney Ortiz, I am sorry, that is not my fight. To the press — especially the press wanting “just five minutes” — I apologize. This isn’t a “just five minutes” story, at least from me. 

There have been a handful of smiles this past week. My three year old, Tess, putting her arms around my neck, holding me as tight as she possibly could, promising me “the doctors will put him back together, papa, they will.” A screenwriter friend, grabbing me after a talk in New York, and pulling me into an argument about his next great film. And best of all, the astonishingly beautiful letter from MIT’s president, acknowledging — amazingly — at least the possibility of responsibility, and appointing the very best soul on that side of Cambridge to review and guide that great if flawed institution’s review. 

But these smiles have been drowned by endless sadness, and even greater disappointment — and none more pronounced than the utterly profound disappointment in our government, Carmen Ortiz in particular.

I hate my perpetual optimism about our government. Aaron was buried on the tenth anniversary of the time that optimism bit me hardest — Eldred v. Ashcroft. But how many other examples are there, and why don’t I ever learn? The dumbest-fucking-naive-allegedly-smart person you will ever know: that guy thought this tragedy would at least shake for one second the facade of certainty that is our government, and allow at least a tiny light of recognition to shine through, and in that tiny ray, maybe a question, a pause, a moment of “ok, we need to look at this carefully.” I wasn’t dumb enough to believe that Ortiz could achieve the grace of Reif. But the single gift I wanted was at least a clumsy, hesitating, “we’re going to look at this carefully, and think about whether mistakes might have been made.”

But oh Lucy, you’ve done it again.

Ortiz’s statement is a template for all that is awful in what we as a political culture have become. And it pushes me — me, the most conventional, wanting-to-believe-in-all-things-patriotic, former teenage Republican from the home of Little League baseball — to a place far more radical than I ever want to be. Ortiz wrote:

As a parent and a sister, I can only imagine the pain felt by the family and friends of Aaron Swartz,

Yes, Ms. Ortiz, you obviously can “only imagine.” Because if you felt it, as obviously as Reif did, it would move you first to listen, and then to think. You’re so keen to prove that you understand this case better than your press releases about Aaron’s “crime” (those issued when Aaron still drew breath) made it seem (“the prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain”). But if your prosecutors recognized this, then this is the question to answer:

Why was he being charged with 13 felonies?

His motive was political — obviously. His harm was exactly none — as JSTOR effectively acknowledged. But he deserved, your “career prosecutors” believed, to be deprived of his rights as a citizen (aka, a “felon,” no longer entitled to the political rights he fought to perfect) because of what he did. 

Yet here’s the thing to remember on MLK weekend (even though my saying this violates a rule I believe in firmly, a kind of inverse to Godwin’s law, because though I believe these two great souls were motivated by exactly the same kind of justice, King’s cause was greater): How many felonies was Martin Luther King, Jr., convicted of? King, whose motives were political too, but who, unlike Aaron, triggered actions which caused real harm. What’s that number? 

Zero. 

And how many was he even charged with in the whole of his career?

Two. Two bogus charges (perjury and tax evasion) from Alabama, which an all-white jury acquitted him of.

This is a measure of who we have become. And we don’t even notice it. We can’t even see the extremism that we have allowed to creep into our law. And we treat as decent a government official who invokes her family while defending behavior which in part at least drove this boy to his death.

I still dream. It is something that Darrell Issa and Zoe Lofgren are thinking along the same lines. On this anniversary of the success of the campaign to stop SOPA — a campaign which Aaron helped architect — maybe I’m right to be hopeful that even this Congress might do something. We’ll see. Maybe they’ll surprise us. Maybe.

But for now, I need to step away. I apologize for the silence. I am sorry for the replies I will not give. Aaron was wrong about very few things, but he was wrong to take his life. I have to return to mine, and to the amazingly beautiful creatures who are trying to pull me back. 

I will always love you, sweet boy. Please find the peace you were seeking. And if you do, please find a way to share that too. 

(Original post on Tumblr)

  • beth wallace

    Mr. Lessig: With all due respect to your understandable need for some silence, it would appear that we are ALL……connecting.

    For some unknown reason my life has been changed forever by someone I didn’t even know and I know that it was meant to.

    I am sorry for your heartbreak.

    Elizabeth Wallace
    Truro, Nova Scotia
    Canada

  • Shaheda Rizvi

    Just tears and sadness.. my deepest wish is that Aaron’s sacrifice will not be forgotten. Or as Joe Campbell said: ‘Out of chaos comes new life..life more abundant’….Don’t give up this fight Prof. Lessig, without you, this ship will be no more…

    Love and Respect

    Shaheda Rizvi

  • Sahil Raj

    Didn’t knew this brilliant man before the news of his tragic end!
    He changed my life , though I never knew him.
    Just reading about him, his blogs, his writings, his videos!

    *PEACE* :(

  • pws

    “This is a measure of who we have become. And we don’t even notice it. We can’t even see the extremism that we have allowed to creep into our law.”

    Hmm, I think lots of us have seen it. I’ve thought for most of my life that we live in a police state, albeit one that is less efficient than Nazi Germany. Sometimes I call it a “soft police state,” but somehow that doesn’t quite fit. I tend to think of Russia under the Tsars for a parallel.

    One of the reasons why people like me, who never touches anything intoxicating, not even alcohol, are so disgusted with the War on Drugs is because we’ve seen it was just an excuse to grow our Gulag, militarize our police and turn our legal processes into show trials and kangaroo courts.

    I’ve watched the War on Information heat up as well. Lots of people have noticed it.

    I like this quote from the introduction to the Baen Free Library:

    This all started as a byproduct of an online “virtual brawl” I got into with a number of people, some of them professional SF authors, over the issue of online piracy of copyrighted works and what to do about it.

    There was a school of thought, which seemed to be picking up steam, that the way to handle the problem was with handcuffs and brass knucks. Enforcement! Regulation! New regulations! Tighter regulations! All out for the campaign against piracy! No quarter! Build more prisons! Harsher sentences!

    Alles in ordnung!Baen Free Library: Introduction by Eric Flint

    I don’t think Aaron intended to die to free JSTOR, and I think what happened in this case made it far bigger than the initial political protest Aaron was attempting. It started out as being about who gets access to taxpayer funded research, but now it is about the way the Iron Heel of the State comes down, hard, on anyone who dares to protest.

    This case finally showed the message, written in blood in ten foot high letters that our system is evil, corrupt and brutal. I’ve known this for most of my life, and I’m sad that it took a suicide of a decent person to wake other people up to it. (Not everyone either. I’ve noticed lots of people making excuses for the State here, but it is not nice to face up to what our system has become.)

    It does relate to Dr. Martin Luther King in one way. If the State had chosen to handle the Civil Rights movement the way it would handle such Civil Disobedience nowadays, it would likely still be illegal for me to enter a restaurant with my fiance, let alone plan to marry her.

  • Carolin Shining

    Bless you Professor. Your courage is appreciated and we are very grateful. Remember…

    “That daily the night falls; that over stresses and torments, cares and sorrows the blessing of sleep unfolds, stilling and quenching them; that every anew this draught of refreshment and lethe is offered to our parching lips, ever after the battle this mildness laves our shaking limbs, that from it, purified from sweat and dust and blood, strengthened, renewed, rejuvenated, almost innocent once more, almost with pristine courage and zeal we may go forth again — these I hold to be the benignest, the most moving of all the great facts of life.”

    Thomas Mann, from “Sleep, Sweet Sleep” [Süßer Schlaf] first published in Neue Freie Presse [Vienna] (30 May 1909), as translated by Helen T. Knopf in Past Masters and Other Papers (1933), p. 269 (as attributed on Wikiquotes, accessed on January 19, 2013)

  • Jane Sabre

    Aaron’s case is just one of many cases where prosecutors use these tactics to get to a plea bargain. I know from first hand experience that this “extremism” has indeed crept into our statutes/laws. And I’ve been asking myself how the hell has this come to be? I mean who decided that these laws made sense? And since our ordeal with my son being arrested for an internet crime and then subsequently sentenced, I’ve come to discover so much injustice within the justice system that I’m still reeling in shock and disbelief. You can’t imagine who weird it all is until it happens to you, and it happened to us.

    I don’t think people know this but the police are sanctioned, or they’ve not been challenged yet, to do broad searches for particular files to locate people with these ‘notable’ files on their computer, they then do a one-to-one connection to this person’s computer, apparently to obtain more evidence, all without a warrant.

    If they do this, for any law, then what’s stopping them from invading anyone’s computer?

  • Just another Mother

    I cannot imagine your anguish. Thank you for letting us in, through your writing. It is good to hear that it is serving you well at this difficult time.

    Aaron’s story is such an important one. I hope more people hear about it. Our society is so infatuated with winning, with always being right, that we often miss opportunities at making the world more beautiful. Sometimes all that means is being able to stop and listen. If we can learn to do more of that, all of us will be better off.

  • dan bell

    Mr. Lessing, please let me share with you my words to Aaron:

    “We love you Aaron, humanity loves you. Thank you for all the good you did to us. You left this world only to enter our hearts and become our source of inspiration. Thus, you are more alive than ever. Dear Aaron, YOU SUCCEEDED: far from destroying you, the enemy contributed to transform you in a hero reborn in the hearts of millions, who will carry on your fight for Justice. Now, we are all you, WE ARE ALL AARON SWARTZ. We love you Aaron.”

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  • http://www.associatedblogs.com Scott Stanley

    One felony conviction is all that’s needed to take an activist out. Federal prosecutor’s have been using this tactic to take political activists out of circulation. It’s a shabby way to do it. But it works. The crime doesn’t matter. In this case it was violating a click-through agreement. But for an activist who will undoubtedly return to court, that single felony count raises the potential for more serious prison time the second or third go around. That single count limits actions and activities, the ability to organize, to share information, to be uncompromisable among your peers. After you accept your plea deal and do your stint in federal prison, you write a book. You turn pro. You go on TV. You put your kids through college. But you don’t organize, unless you want to spend some serious prison time as a result of your next political action. Federal prosecutors were stripping Swartz of something essential to his life. Did Aaron weigh it out in the starkest of terms? — freedom for conscientious political action or nothing.

    • Rosemary

      @Scott_Stanley — You are so very right. I have had the chance to witness the terrorism or the the DA very close hand for the past few years and I have read much in legal journals over that time. I am also IT, but this matter is not IT. I have been researching and I see it done for money, personal connections, politics, and DA career and it scares the hell out of me. My attitude towards my country and our legal system has gone through an awful transition as my eyes have been opened to the corruption and injustice in our legal system.

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  • http://121authent.wordpress.com john e miller

    Your friend Aaron will now hopefully rest in peace. There will be plenty of time to reflect upon the actions and motives of those who may be culpable including the Federal Prosecutors and the MIT administration or any changes needed in the legal structure.

    Now I would suggest is NOT to be silent upon one thing which would be a worthy testament to your late friend: The need for everyone to be better attuned to the signs of a possible or impending suicide by a family member or close friend. That need unfortunately was too late for Aaron, may be too late for someone else even today, but may be a godsend for someone else in the future.

    • http://www.facebook.com/profile.php?id=100003413532611 Dubois

      I think most people that are ienertsted in FreeStyle have met other FS’ers at events and are comfortable reading and posting in an environment that is more nested so to speak.I know many folks are just not into posting on Facebook because of privacy concerns.I think we should focus here on FS oriented discussions. As far as I know we are not ienertsted in spurious arguments that sometime show up on solotripping and p’net. FS discussions have a way of going way off base in more open audience discussions.

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  • Dean Taylor

    Yes, by all means, let us mourn our loss–yes, OUR loss, since Swartz’ activism was directed at the enemy of the Community, both in the immediate and global senses. And, let us not forget–EVER, EVER–Aaron, both his name and what he took on his slim shoulders, the injustice and the inequity of it all, in a world driven mad by Late (finance) Capital, its acquisition and its ‘worship’. To perpetuate his memory, ideals, etc.,–this is OUR responsibility.

    Yet, as we grieve (“to grieve well is to live well” goes the old saw), let us remember that we also have another responsibility: to work at ensuring that we do not have yet other wakes to attend, to mourn, to grieve, of other beautiful, young idealists using the Internet to separate the vast majority of humanity from the will of Power brokers and rentiers who almost demonically, it would seem, drive us on (all of us, including themselves) towards an abyss…to wit:

    “Last week, WikiLeaks founder Julian Assange mentioned Jeremy Hammond in a rare address from the Ecuadorean embassy in London where he has sought asylum.

    “JULIAN ASSANGE: I have been sustained by your solidarity, and I’m grateful for the efforts of people all around the world supporting the work of WikiLeaks, supporting freedom of speech, freedom of the press—essential elements in any democracy. While my freedom is limited, at least I am still able to communicate this Christmas, unlike the 232 journalists who are in jail tonight; unlike Gottfrid Svartholm in Sweden tonight; unlike Jeremy Hammond in New York tonight; unlike Nabeel Rajab in Bahrain tonight; and unlike Bradley Manning, who turned 25 this week, a young man who has maintained his dignity after spending more than 10 percent of his life in jail without trial, some of that time in a cage naked and without his glasses; and unlike so many others whose plights are linked to my own. I salute these brave men and women.”

    Hammond has his own ‘Ortiz’ to face: her name is Loretta Preska. Here is CCR’s Michael Ratner:

    RATNER: And so, they really—I mean, they want to make—right now, the government is going to—trying to make an example out of all three of these people. I mean, look what they’ve done. They’ve got Jeremy Hammond, no bail, in a federal detention facility.

    AMY GOODMAN: In Metropolitan Detention Center.

    MICHAEL RATNER: In Metropolitan Detention Center.

    AMY GOODMAN: Which is?

    MICHAEL RATNER: Which is in Manhattan at Foley Square. You’ve got Bradley Manning finally moved to Leavenworth, where his conditions are better than they were at Quantico, for sure, but in prison. And you’ve got Julian Assange—

    AMY GOODMAN: Your client.

    MICHAEL RATNER: —living in an embassy. So what the government is trying to do is destroy the idea that the government’s secrets and its corruption and its crimes ought to be known, and get at the whistleblowers and the publishers who are doing it. And so, we’re seeing that across the board. These three, really, are the three that they’re obviously focused on putting away for as long as they can” [Democracy, Now!, 12/27/12].

    However we define it, whatever form it takes, let us re-dedicate ourselves to the same cause which informed the work Aaron took on–resisting the evil which informs our–America-as-Empire–almost 237-year-old narrative.

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  • http://www.cic.unb.br/~rezende/sd.php pedro

    Mr Lessig,

    I’m a CS professor in Brazil, who have met you but not Aaron. Aaron’s legacy touches me to the point of driving me to write a tribute and reflections on this moment we are all living, posted here, which I wish to share with your blog’s audience.

    RIP Aaron.

  • Just another Mother

    This tragic event also opens the door to discussion on mental health and our young. We are their leaders. We have a responsibility to them. The turmoil that Aaron lived through is too much for a young person to handle, let alone, alone. Every child has the right to feel they are not alone, that someone has their back. If we want to be mindful of Aaron’s tragedy, we will look around at the children in our own lives and ask ourselves, “do they know how much I care? Do they know I would go to the ends of the earth for them?” And to the children who are hurting right now, please speak up. I promise, we will listen.

  • http://blog.ilsccp.org ILSCCP

    Our deepest sympathy. Honoring Aaron with activism for justice. We the people need to work together to change the law. We the people must work to change the legal system. http://blog.ilsccp.org/2013/01/we-the-people/

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    If the prosecutor is able to recognize the scale of the anger and outrage directed at her office, then surely she must appreciate that the human emotion of anger arises from deep-seated feelings of injustice. What more compelling evidence is there that the outrageous conduct of her office was patently unjust in the most fundamental meaning of the concept of justice?

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