The only clear concise analysis I have seen in the myriad of submissions was an analysis by Prof Orin Kerr, which was full of comments containing more hyperbole, that disappeared to no where instantly.
Speaks volumes IMO, and it's really deterring to some of us who prefer learning and discussing the facts in a more well thought concise, clear, and logical manner.
I'd expect more intelligent people, which this community
claims to consist of, to not react the way it has to the
events, with nothing but hyperbole and sensationalism.
Even within this submission, the comments here still talk
and insinuate Aaron was facing life imprisonment, danger to
being raped daily, and suicide was his only option.
People are emotional and justifiably angry. Maybe some of it has been a bit ridiculous but that doesn't invalidate the disgust with these events and with the larger systemic issues.
Don't defend exacting discourse with the very hyperbole you claim is destroying it.
Let it be noted: I find immense irony in this discussion occurring in a thread where the parent comment is about how things need their context. What you're defining as misinformation needs to be taken in context.
Add to that the scourge of people who circumvent community guidance demand that their speech be heard, even when there are clear indications from the community that it is unwanted. Poses something of a challenge to the system as a whole.
Side note: Are you, tcuk, really making all of these judgements based on being a member of this community for less than 48 hours?
To me I'm struggling to figure out how it relates to Aaron's case , is it purposefully being obtuse? Is it not obvious to everyone who's ever read anything to do with the case that the only reason spoofing his MAC address mattered was his intent to circumvent blocks placed on his connection?
Actions by themselves are mostly meaningless it's the context and intent that matters...
So it turns out "intelligent" people are first and foremost just people like everyone else. We need to remember our humanity and allow ourselves to be humbled by our flaws.
I cannot make any statements of blame, since being sensationalist is to be human, as we all are. However, I'd ask that everyone please inform yourself as much as possible. The indictment is available [0]online and is well worth reading.
[0] https://www.documentcloud.org/documents/217117-united-states...
I'd wager Aaron expected the former, or maybe a post-it note on his laptop saying, "Please discontinue what you are doing; call xxx-yyy-zzzz with any questions."
There appears to be a vast cultural disconnect between those who recognize the nobility of Aaron's effectively harmless stunts, and those who take a hardline stance in defense of the status quo.
It is my sincere opinion that any sort of prison time should require genuine criminal intent (that is, the intent to do serious harm), that the judicial system should focus on prevention and rehabilitation, not punishment or deterrence, and that sacrificing the odd "example" here or there is an unacceptable infringement of the rights of the one who is made an example.
Whether it is cultural or whatever, I don't think what he did was noble at all. And hardly a stunt. He started downloading for free all the documents that were otherwise behind a pay-for-access service that placed limits on what a person could get at. He used various methods to circumvent attempts to prevent him from doing it. He took measures to conceal his activity. Those seem to be the facts that no one disagrees about. This has little to do with defending the status quo.
But we can agree here. It is also my opinion that Aaron should not have been facing prison time. We have prisons overflowing with bad people that have caused far greater chaos and pain than Aaron. Aaron probably should have had a lengthy house arrest and a hefty fine. Maybe restricted use of computers, etc. And that very well might have been what he would have ended up with if he'd stuck it out.
He started downloading for free all the documents that were otherwise behind a pay-for-access service that placed limits on what a person could get at.
He saw that scientific research, much of which was paid for by taxes (i.e. the people), was held hostage behind a paywall and wanted to provide that information to a deserving audience.
He used various methods to circumvent attempts to prevent him from doing it.
He encountered a bug in a computer system and created a workaround.
He took measures to conceal his activity.
He behaved like many of the students on any college campus would when preparing a harmless prank or exploring a steam tunnel, and perhaps didn't want his laptop stolen.
But we can agree here. It is also my opinion that Aaron should not have been facing prison time. We have prisons overflowing with bad people that have caused far greater chaos and pain than Aaron. Aaron probably should have had a lengthy house arrest and a hefty fine. Maybe restricted use of computers, etc. And that very well might have been what he would have ended up with if he'd stuck it out.
Much of my vehemence in these discussions of the last week stems from the sheer magnitude of the onslaught that is standard practice for prosecutors. If the law and its enforcers were more reasonable in this case, I'd find it much easier to be reasonable in response. Instead, prosecutors seem to see fit to alienate a huge chunk of the population, spreading disrespect for the law (and, I guess, giving them more defendants to prosecute in the future).
I'd be perfectly happy myself, if I were Aaron, to publicly apologize, do some community service, and go on my way never to interact with JSTOR or MIT again, as this prevents the alleged harm that would have come to JSTOR with the minimum necessary imposition from the law. But I would not be happy about being bullied by prosecutors. I don't even see why house arrest should be "lengthy," or a fine "hefty," because in reality his actions had a minimal effect on MIT or JSTOR (bandwidth is cheap).
He saw that scientific research.... Not his call to make, really.
He encountered a bug..... Not sure I agree that attempts to block his access was a "bug" that needed a workaround.
Yet the whole of HN was full of nothing but Aaron Swartz articles for days. I stopped visiting HN for a bit. It was frustrating to me as I have no connection to Aaron Swartz (beyond using RSS and Reddit), although I realised it affected some people very seriously and needed to use HN as an outlet.
Having said that personally I felt that HN was the wrong place for an overrun of Aaron Swartz tributes and articles. My inner cynic sadly feels that quite a few of the posts over the weekend (especially some from some of his blog posts) were attempts at little more than karma scoring.
The OP is alarmed at the use of common privacy enhancing techniques (of which wearing a ski mask is one) which allows a prosecutor to 'enhance' the charges against someone to increase the threat level. They are also alarmed that non-technical people cannot see that changing your MAC address is just "easy" for a technical person to do as holding one hand over the other as you type in your PIN at the grocery store, and equally innocuous. Nobody disputes that 'changing your MAC address' should not be considered as evidence of intent when prosecuting a crime, but there is a lot of dispute as to whether that action in and of itself rises to the level a crime in its own right. This is what the OP fears will happen, and there is some evidence to support that.
That takes us to your second paragraph which talks about how painful it is for you when others express their emotions with respect to the events of the past weekend (and to be clear other events like it). Generally, yes, HN is a community of technologists and technology enthusiasts who discuss the merits or lack thereof of various technology trends, events, and personalities. That said, it is also a community of people. People can often discuss dispassionately about topics that are at arms length, but the weekend case struck close to home for noticeable fraction of the hundreds of thousands of people who visit this community. They need time to process these events, and one way they process them is that they talk about them.
My point is that it helps to appreciate that others may be more affected by recent events than you were and this is their way of processing their emotions. No need to whine about it, you can take a break from HN for a week or so until it winds down. When things are continued beyond their reasonable lifetime they tend to get moderated down. Patience.