What should the next Aaron Swartz do when the DOJ knocks?

Re:What should the next Aaron Swartz do when the DOJ knocks? by parfe on Thursday March 12, 2015 @03:26PM (#9193142)

>The feds wanted capitulation, a guilty plea.

No shit. Aaran Swartz wasn't a special case. He's just notable to the community because suddenly it was a perpetrator a lot of people could actually empathize with. The plea rate for federal prosecutions is 96% [1].

Swartz wasn't even looking at 35 years mandatory minimum [2]. That was just the total if you added up all the maximum penalties without factoring in the sentencing guidelines.

Sadly, his mental health issues complicated his situation, but really the advice is the same for the Next Swartz as the next Random Guy Caught With Too Much Crack [3]. Keep your mouth shut, take the best offer your can get, and plea out.

[1] http://www.ussc.gov/sites/default/files/pdf/research-and-pub...

[2] https://www.popehat.com/2013/03/24/three-things-you-may-not-...

[3] http://en.wikipedia.org/wiki/Fair_Sentencing_Act

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Re:What should the next Aaron Swartz do when the DOJ knocks? by NoMoreNicksLeft on Thursday March 12, 2015 @06:06PM (#9194275)

> a perpetrator a lot of people could actually empathize with

A perpetrator of what? Downloading files he was allowed to download but at a faster rate than the rulemakers had anticipated?

What was the crime?

Creative prosecution by the feds is outrageous, and should be shut down... those engaging in it should be shamed and prevented from ever practicing law again.

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