[...] The US has become a society in which political and financial elites systematically evade accountability for their bad acts, no matter how destructive. Those who torture, illegally eavesdrop, commit systemic financial fraud, even launder money for designated terrorists and drug dealers are all protected from criminal liability, while those who are powerless – or especially, as in Swartz’s case, those who challenge power – are mercilessly punished for trivial transgressions. All one has to do to see that this is true is to contrast the incredible leniency given by Ortiz’s office to large companies and executives accused of serious crimes with the indescribably excessive pursuit of Swartz. [...]

The grotesque abuse of Bradley Manning. The dangerous efforts to criminalize WikiLeaks’ journalism. The severe overkill that drives the effort to apprehend and punish minor protests by Anonymous teenagers while ignoring far more serious cyber-threats aimed at government critics. The Obama administration’s unprecedented persecution of whistleblowers. And now the obscene abuse of power applied to Swartz.

This is not just prosecutorial abuse. It’s broader than that. It’s all part and parcel of the exploitation of law and the justice system to entrench those in power and shield themselves from meaningful dissent and challenge by making everyone petrified of the consequences of doing anything other than meekly submitting to the status quo. As another of Swartz’s friends, Matt Stoller, wrote in an equally compelling essay:

“What killed him was corruption. Corruption isn’t just people profiting from betraying the public interest. It’s also people being punished for upholding the public interest. In our institutions of power, when you do the right thing and challenge abusive power, you end up destroying a job prospect, an economic opportunity, a political or social connection, or an opportunity for media. Or if you are truly dangerous and brilliantly subversive, as Aaron was, you are bankrupted and destroyed. There’s a reason whistleblowers get fired. There’s a reason Bradley Manning is in jail. There’s a reason the only CIA official who has gone to jail for torture is the person – John Kiriakou – who told the world it was going on. There’s a reason those who destroyed the financial system ‘dine at the White House’, as Lawrence Lessig put it.

“There’s a reason former Senator Russ Feingold is a college professor whereas former Senator Chris Dodd is now a multi-millionaire. There’s a reason DOJ officials do not go after bankers who illegally foreclose, and then get jobs as partners in white collar criminal defense. There’s a reason no one has been held accountable for decisions leading to the financial crisis, or the war in Iraq.

“This reason is the modern ethic in American society that defines success as climbing up the ladder, consequences be damned. Corrupt self-interest, when it goes systemwide, demands that it protect rentiers from people like Aaron, that it intimidate, co-opt, humiliate, fire, destroy, and/or bankrupt those who stand for justice.”

In most of what I’ve written and spoken about over the past several years, this is probably the overarching point: the abuse of state power, the systematic violation of civil liberties, is about creating a Climate of Fear, one that is geared toward entrenching the power and position of elites by intimidating the rest of society from meaningful challenges and dissent. There is a particular overzealousness when it comes to internet activism because the internet is one of the few weapons – perhaps the only one – that can be effectively harnessed to galvanize movements and challenge the prevailing order. That’s why so much effort is devoted to destroying the ability to use it anonymously – the Surveillance State – and why there is so much effort to punishing as virtual Terrorists anyone like Swartz who uses it for political activism or dissent. [...]

All the statistics are well known at this point. The US imprisons more of its citizens than any other nation in the world, both in absolute numbers and proportionally. Despite having only roughly 5% of the world’s population, the US has close to 25% of the world’s prisoners in its cages. This is the result of decades of a warped, now-bipartisan obsession with proving “law and order” bona fides by advocating for ever harsher and less forgiving prison terms even for victimless “crimes”. [...]

But none of this reform will be possible without holding accountable the prime culprits in this case: Carmen Ortiz and Stephen Heymann [MIT officials have their own reckoning to do]. Their status as federal prosecutors does not and must not vest them with immunity; the opposite is true: the vast power that has been vested in them requires consequences when it is abused. It is up to the rest of us to ensure that this happens, not to forget the anger and injustice from this case in a week or a month or a year. A sustained public campaign is necessary to bring real accountability to Ortiz and Heymann, and only then can further urgently needed reforms flow from the tragedy of Swartz’s suicide.

http://www.guardian.co.uk/technology/2013/jan/18/aaron-swartz-suicide-girlfriend-internet-reddit

Aaron Swartz girlfriend blames suicide on ‘vindictiveness’ of prosecution

The partner of the internet activist Aaron Swartz, who killed himself earlier this week, has blamed his suicide on the stress of his prosecution.

Taren Stinebrickner-Kauffman said she was “absolutely confident” that Swartz killed himself because of the case, in which he was being prosecuted for downloading academic articles from a university archive.

Swartz, 26, a prominent open-internet advocate who helped build Reddit and RSS, was found dead in the Brooklyn apartment he shared with Stinebrickner-Kauffman on January 11. They started dating a few weeks before Swartz was indicted in 2011.

He was set to go trial next month for downloading academic articles from JSTOR, an online academic journal library, at the Massachusetts Institute of Technology. If convicted, he could have faced a 30-year jail sentence, although it emerged this week that he had been offered a six-month term in a plea bargain. “The legal system has lost all sense of mercy and justice and it has been replaced with punitiveness and vindictiveness,” Stinebrickner-Kauffman told Mail Online.

“Felony charges change the course of people’s lives. There are things Aaron maybe wanted to do – like go into government – and it’s just ludicrous that one act like this could prevent somebody like him from serving his country. The risk was too much for him.”

[...] Strinebrickner-Kauffman is the executive director and founder of SumOfUs [http://sumofus.org], a movement that attempts to counterbalance the power of corporations. She said that Swartz would take the subway with her to work, but the morning of January 11, he told her he wanted to stay home and rest.

“I wanted to stay with him but he said he didn’t want me to and that I should go to the office,” Strinebrickner-Kauffman said. “So I did.”

She found him that evening dead of an apparent suicide in their apartment. [...]

http://www.dailymail.co.uk/news/article-2262831/Revealed-Aaron-Swartz-prosecutor-drove-hacker-suicide-2008-named-cyber-crime-case.html

White House petition to fire Stephen Heymann here: http://wh.gov/Ex1n