How many other illegal things can I do in this country now? If violating a TOS is hacking, so is sniffing and port scanning and every other imaginable "unusual" activity. This is worse than locking away a phreaker for 50 years -- at least a phreaker may have bypassed technical restrictions. What he "intended" to do with the files is irrelevant. If I put in my website's TOS "You cannot scrape our website!" and Google did, should Google be indicted for wire fraud and a host of other made up charges?
If Hacker News has gotten to the point where they're willing to call a prosecution of 50 years for a "crime" like this the way of the world I really can't imagine you have any heart for this industry anymore. Aaron was one of you.
He downloaded a bunch of files using a publicly accessible computer network, from a web site that was available without authentication from that network. He didn't crack any passwords or encryption schemes, he didn't access any material he was supposed to pay for without paying, he simply didn't do anything to warrant the type of prosecution that was launched against him.
The article below explains a lot. What Aaron Swartz did was rude, not illegal.
http://unhandled.com/2013/01/12/the-truth-about-aaron-swartz...
Again, it doesn't matter if it's extremely easy to run someone over with a car or whether it's easy for a computer programmer to bypass download limits and sneak a laptop into a closet at MIT with a spoofed MAC. Simplicity has nothing to do with it.
* Computer Fraud (7 counts, for each time he 'deceived' JSTOR) "the defendent, knowingly and with intent to defraud, accessed a protected computer -- namely, a computer on MIT's network and a computer on JSTOR's network -- without authorization and in excess of authorized access"
* Unlawfully Obtaining Information from a Protected Computer (12 counts??? These weren't even protected computers!)
* Recklessly Damaging a Protected Computer (because he downloading the files fast enough to impact other users)
* Wire Fraud (because he was logged in as a guest on MIT's network and downloading JSTOR articles)
They throw in details like him using a mailinator email as if it's illegal to do that. It's ridiculous. You're ridiculous for trying to justify it.
And yes, all of these charges are basically 'hacking' charges. He was not charged with copyright infringement or anything of that nature.
Forget the last article, read this one instead: http://www.volokh.com/2013/01/14/aaron-swartz-charges/. Now read the ridiculous comments throughout this post that I've been arguing against.
If you kill someone with a knife, it does not matter how difficult it was to obtain or create that knife.