Re:Florida programmer arrested for gaining unauthorized acce...
by scrame on Saturday September 03, 2016 @07:04PM
(#12421696)
This harsh bargaining was in part why Aaron Schwartz killed himself. The punishment doesn't fit the crime.
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Re:Florida programmer arrested for gaining unauthorized acce...
by tptacek on Saturday September 03, 2016 @08:02PM
(#12421890)
It's "Swartz". Not "Schwartz".
Swartz had the advice of some of the best attorneys in the field during his ordeal. Nobody doubts the stress of a federal prosecution contributed to his death. But nobody familiar with the case believes --- or believes that Swartz believed --- that he was facing a double-digit-years sentence. His own attorney, who advised him to take the case to trial, believed that if convicted on all counts, he might not even get a custodial sentence --- that his worst case would be a felony conviction with a probation sentence.
You can read the sentencing guidelines (they're public) and see why. First offense. Non-remunerative crime. Highly debatable damage. Reluctant, ambivalent victims.