Thứ Tư, 20 tháng 2, 2013

FBI File On Internet Activist Aaron Swartz is Released

Aaron Swartz
 
Re-posted from Parentadvocates.org



Details of FBI Probe into Internet Activist Aaron Swartz Released
LINK 
NORTHRIDGE (BlackVault) – February 19, 2013 – The Federal Bureau of Investigation (FBI) has released the details of a 2009 investigation into internet activist Aaron Swartz to The Black Vault website (http://www.theblackvault.com). Swartz, an internet prodigy and self-made millionaire, was the subject of a probe into the misuse of the “Public Access to Court Electronic Records”, or PACER. PACER houses more than 500 million documents from the U.S. district courts, U.S. courts of appeals and the U.S. bankruptcy courts.
According to the Bureau, the Government Printing Office (GPO) realized the computer system that hosted the PACER database was compromised, and a single user session was being used to download millions of pages from the digital archive. Only seventeen libraries were authorized to access the files at that time, but it was believed that Swartz figured out a way to get in from outside those locations, and continually download documents without using the proper channels.

Although the information was in the public domain, the government was to be paid 8 cents per page for any digital copies obtained from the PACER system, and accessed only from the seventeen authorized libraries. But Swartz circumvented the proper channels, and directly accessed the information from the outside.

They estimated that Swartz downloaded more than 18 million documents, and uploaded them to a document sharing site onto the internet for the world to see. The newly release FBI File of Swartz chronicles the FBI investigation into this computer breach from 2009.

The documents detail their search for Swartz and the tracking of his multiple social network pages on Facebook, Linkedin, and even made note of his personal blog.

After his alleged suicide at the young age of 26, Swartz’ supporters believe that there is much more to the story that authorities are not releasing. These documents may shed some light on the investigation, and the relentless pursuit to prosecute him.

You can download the FBI file of Aaron Swartz at:

FBI File of Aaron Swartz

FEBRUARY 20, 2013
They Can't Stop the Movement
Aaron Swartz and the Fight for Information Freedom

by ALFREDO LOPEZ, Counterpunch
LINK

In the madness of our media-fed consciousness, the greatest threat to an informative news story is time. Given enough time, and the dysfunctional and disinformative way the mainstream media cover news, even the most important and revealing story quickly dies out.

That is, unless we who use alternative media keep that story alive.

So it is with the death of the remarkable technologist Aaron Swartz. It’s been only a month since Aaron apparently killed himself in his apartment here in Brooklyn and yet the story has pretty much disappeared from mainstream news. The threat is not only that the legacy of this remarkable young technologist will also disappear but that the analysis of his life and death and the policies they bring into relief will be frustrated.

During the brief spasm of mainstream coverage, the most prominent line being circulated was that he was a casualty of the sloppiness, pettiness and bullying of a federal government that went too far in its prosecution of him. The truth is that Aaron Swartz was a target of a deliberately vicious, sadistic government campaign in which the federal government wanted to make his pain an example to the entire progressive techie community. What’s more, his death was the outcome of a policy that is a threat to human freedom. That’s why we need to keep talking about Aaron Swartz.

To talk that talk, it’s important to be clear about what actually happened.

Swartz was a 26-year-old programmer and Internet activist whose accomplishments would be stellar for a person three times his age. He wrote many programs that are now used routinely on the Internet and its servers, he helped build resource websites to gather and provide those kinds of resources to people who needed them and he was active in organizing around issues of freedom and access. In the techie universe, he was a blazing super-star.






Like every committed progressive techie, Aaron Swartz believed that information should be accessible to everyone and, over the years, he campaigned against information hoarding and restriction and took concrete actions that dramatized that important issue. One day he walked into a server room at MIT (to which he had full, legal access) and set up a small device that captured files from a server belonging to JSTOR, a private company that was selling downloadable scholarly papers and materials for a dime a page. (This, by the way, is not money that goes to the actual creators of the materials in question. It goes to JSTOR and MIT. For the most part, the copyright laws are being used to enrich corporations, not creators, as publishers and employers routinely require the creators, on an entortionate take-it-or-leave-it basis, to sign over their control of copyright when they sign a publishing contract or an employment contract.)

Aaron downloaded everything without paying a penny, thereby violating JSTOR’s “terms of service” (the rules governing your interaction with the server). People at MIT can download stuff off that server for free but they can’t download it to redistribute it, and so MIT’s administration turned Aaron into the Feds, claiming that’s what he was going to do. The U.S. Attorney for that area of the country, Carmen Ortiz, apparently saw the potential for setting an example. She and her team of assistant attorneys went after Swartz with a vengeance, piling count upon count on in an indictment that accused him of felony theft.

They offered a stunned Swartz a deal: plead guilty to a felony and we’ll recommend six months in jail. He refused. He wasn’t guilty after all. So then they piled on more charges. At that point, if he were found guilty he could have gone to jail for over 35 years!

I don’t know what went through Aaron’s head as he put it into a noose that final Friday of his life. I know he was alone, and being alone makes everything scarier and more desperate. Some speculate that it was the case that drove him to suicide. Others say he was overcome by the depression that did, from time to time, plague him. Ortiz actually had the gall to argue that, had he taken their deal instead of stubbornly insisting on his innocence, none of this would have happened.

Such is the country we’re living in that a federal prosecutor would imply that someone’s death is the outcome of their stubborn desire to exercise their right to a legal defense.

In fact, had the case gone to court, it could well have ended in acquittal or very minor convictions. What Aaron did may have been a violation of “Terms of Service” but he wasn’t planning on selling anything and hadn’t yet distributed any of it. A jury would have been hard pressed to send this young man to jail for something people do everyday on the Internet.

But these government bullies were playing the odds that Aaron would crack, hand them a lovely legal precedent and serve as a “back off” warning to others who might have similar plans. They knew that, for a white middle-class kid with very little street experience, the prospect of going to jail was a nightmare and for a techie, who combats the inevitable isolation of his or her work by on-line relationships with the rest of humanity, being in a cell without a laptop would be akin to death.

So, one morning when he was alone (and probably at a moment when he felt as alone as a human being can feel) Aaron gave it up and we all suffered an enormous loss. The government people probably didn’t expect him to kill himself, but that doesn’t change the fact that they drove him to suicide.

Those of us who think about the Obama Administration’s policies on imprisonment without trial, detention in what are effectively concentration camps, and the use of slaughter (by drone and army) as a political tactic shouldn’t be surprised by what they did. But the question remains. Why did they do it?

There are so many battles going on over our right to information that it’s not easy to drill down to the real answer. There are battles, fought in courts, blogs and conferences, over copyright, website access, privacy, email and data protection, and freedom of satire, criticism and expression.

Thousands of actions by governments all over the world and hundreds of cases in our own country’s courts show a frightening, galloping trend toward information control. Small armies of progressive Internet activists have taken up that fight. We’re winning some and losing some.

Aaron Swartz was a major fighter in those struggles and he concentrated on the strategic lynchpin of all government and corporate policy on data: the notion that someone can actually own an idea or a body of information.

When you look at it soberly, the very concept is absurd. How in the world can any person claim ownership of an idea? In a world that is built on collaboration, populated by human beings whose key to survival has been our instinct to collaborate, has there ever been an “original idea”? Yet almost all law is based on that distorted and artificial concept, ignoring the combination of vast experience, conversations, reading, and research that hones every idea.

Techies understand. So collaborative is the work of a techie that the very notion of an original idea has no meaning in techie-talk. Nobody invents anything; they “play a leading role” in its development. You don’t write code alone; you combine libraries of code written and developed by thousands of others and freely available, with code gleaned from your interaction with other techies and you write the whole thing in languages collaboratively and collectively developed by programmers world-wide. All of this is free and it’s done by people who probably have never met.

Everything you use on the Internet develops that way. The Internet and the technology that supports and drives it are proof of the collaborative nature of all thinking and creation.

In other words, it’s a model for the kind of world a lot of us are trying to build.

That’s why the government, and the corporations that seek to subvert and control copyright law in the interest of profit, were so threatened by Aaron’s actions and the people he might influence. The question Aaron posed that day that he started downloading those documents was: Is research that is based on the experience and thinking of the entire human race not humanity’s property?

Of course, if we start treating information as the collective property of humanity, there are going to be some serious repercussions socially and economically. And that explains the fierceness of the battle between progressives and corporations (and governments serving corporations).

Progressive techies favor Free and Open Source Software because the collaboration needed to produce software means its ownership can’t be restricted. Companies believe in proprietary software because they’ve built their wealth stealing people’s thinking, claiming ownership over it, and then re-selling it to people.

Progressive techies believe in Internet privacy because any attempt to intrude upon, monitor or disrupt communication damages collaboration.

The government doesn’t even know what that means.

Many progressive techies find selling information based on the experiences of the rest of the human race a bizarre obscenity. Corporations live off that obscenity and governments obscenely support them.

Finally, progressive techies believe that complete access to and flow of information is fundamental to the success of struggles for democracy, justice and freedom. Most of the leading governments on earth spend much of their time trying to figure out how to close the faucet on that information flow and close the door on its source.

In the United States, the Obama Administration has not only encouraged but has effectively used on-line communications, and the president even positions himself as a champion of Internet freedom — periodically rattling a toy sabre at those governments that seek to curb it.

But that’s until you reach the bottom line: challenging the idea that someone can own information. That’s the Obama trigger: when people distribute on-sale information, copyrighted materials or information people need to have but that our government wants to keep hidden. At that point this administration has jumped on scores of techies and other Internet activists, taken them to trial, sent them to jail, or taken away their computers in a deal to avoid jail. They have done it with many techie activists, they are doing it with Bradley Manning and they want to do it to Julian Assange.

They just did it with Aaron Swartz.

And they are doing it all over the world.

You don’t hear about many of these cases, because our mass media ignore them and our progressive movements have failed to identify this as the critical political issue it is.

Perhaps that’s the challenge Aaron leaves us. In challenging government and corporate theft and hoarding of information, he also challenged our entire movement to stand up and oppose it. That’s what our techies do and, for our future’s sake, we can’t let any government do to another techie what it did to Aaron Swartz. Techies and their work are too important to us all and we need to tell the governments of the world, our own included, that to get to them, they’ll have to go through us.

ALFREDO LOPEZ is the newest member of the TCBH! collective. A long-time political activist and radical journalist, and founding member of the progressive web-hosting media service MayFirst/PeopleLink, he lives in Brooklyn, NY

Mixing Alcohol with Diet Beverages Can Lead to Higher BAC DWI?

Don't Blame it on the alcohol baby,,, from bartending-school.com


"I knew it wasn't the Jack but the (diet) coke that got me."

Jack Daniels or his brother Jim Beam both go well with coke but does it matter if you mix them with diet coke or regular coke?

A new study was just released that showed that those that mixed their alcohol with diet drinks had a higher BAC (blood alcohol concentration) sooner than those that mixed with a sugar drink.

Why? Because sugar slows down the absorption of the alcohol. The alcohol will stay with you longer. This is not always a good thing. I remember a bad birthday with Jack and Coke and hugging the toilet bowl, my loving room mates took pictures. That was my last mix, I swore off adding sugar with alcohol.

Sugar takes longer to digest so the alcohol rises in your blood stream more slowly. A slow rise of your BAC. see article here:

http://www.sciencedaily.com/releases/2013/02/130205162524.htm

But diet drinks have NO sugar and nothing to hold back the fast rush of alcohol into the bloodstream. Sometimes in defense of a DWI we argue what the BAC was at the time of driving not at the time of breath or blood testing. Remember it is driving WHILE intoxicated.

Diet Coke, my wife's favorite, from elitedaily.com


I believe that all this creates a double whammy of sorts for women drinkers for two reasons:

1. They will likely have a higher BAC with the same amount of alcohol as the same weight man. They have a higher fat composition to muscle based upon genetics, higher water weight = higher concentration of alcohol.

2. Women tend to drink more diet drinks than guys.

On top of all of that if they are going through their monthly cycle their BAC may also be affected by that as well. Higher body temperatures yield higher BACs with breath testing, even by a few degrees.

Just another thing to consider when we look at and investigate New York DWI defenses.

Lawrence Newman, D.C., J.D.

Doctor of Chiropractic
Attorney and Counselor at Law
607-229-5184

http://www.ithacadwi.com

Thứ Hai, 18 tháng 2, 2013

Adopted Teen Given Millions By NY Appeals Court

Widow Owes Rejected Adopted Daughter Millions, Court Rules

A New York appeals court has found in favor of a Chinese teen who was adopted by a wealthy couple and then given up for adoption again, ruling that she is entitled to a portion of her first family's $250 million estate.
In 1996, John and Christine Svenningsen of Westchester, N.Y, adopted a baby girl from China, whom they named Emily Fuqui Svenningsen. Before finalizing the adoption, the couple, who already had four biological children, had one more biological child. Around that same time, John Svenningsen, a party goods magnate, was diagnosed with cancer, according to court documents.
On May 6, 1996, the Svenningsens signed an adoption agreement stating that they would not abandon Emily or "transfer or have [her] re-adopted," and that she would be deemed "a biological child," according to court papers in the case. The agreement also stated that Emily had the right to inherit the estate of her adopted parents, who had established a pair of trusts for their children, as well as one meant solely for Emily.
John Svenningsen died in May, 1997.
In December 2003, Christine brought Emily to The Devereux Glenholme School in Washington, Conn., a boarding school for children with special-needs. According to court papers, her lawyers talked to school administrators about putting Emily up for adoption; the school's assistant executive director, Maryann Campbell, and her husband, Fred Cass, expressed interest in adopting Emily.
On December 16, 2004, Christine voluntarily surrendered custody of Emily to Spence-Chapin Services to Families and Children, an adoption agency in New York. On May 18, 2006, Campbell and Cass formally adopted Emily.
According to court papers, neither Campbell nor Cass had any knowledge of the terms of Emily's will or trusts, but eventually they learned that John Svenningsen had arranged to provide for Emily's educational and medical needs. They were sent a letter by Christine's lawyers stating that Emily's trusts totaled $842,397.
But later, they discovered that a federal tax return valued Svenningsen's estate at more than $250 million. The couple sued on behalf of Emily for a new accounting, but Christine claimed that Emily no longer had any rights to the estate since she was re-adopted. The Westchester County Surrogate's Court disagreed, arguing that John Svenningsen meant to provide for all of his children, both biological and adopted.
Although Christine and her biological children appealed, on Feb. 6, 2013, the Appellate Division's Brooklyn-based Second Department ruled in Emily's favor.
"It cannot be overly emphasized that Christine's unilateral surrender of Emily for adoption more than eight years after the decedent and Christine adopted her was not foreseeable at the time the will, and the trust documents were drafted and executed by the decedent," Judge Leonard Austin wrote.
John Svenningsen, he continued, "expressed an intention to include his adopted child in the absence of any reason to believe that his status as the parent of Emily would be terminated by her subsequent adoption many years after his death."
Christine Svenningsen, who has since remarried and has spent about $33 million buying 10 of the so-called Thimble Islands in the Long Island Sound, could not be reached for comment.
Neither Maryann Campbell, nor her lawyer, returned phone calls to ABC News.
Also Read

Thứ Bảy, 16 tháng 2, 2013

Prosecutors Will Not Be Disciplined by Their Offices For Misconduct

I strongly urge that you read this excellent (and depressing) article by Joel Rudin detailing the utter failure of  three NYC District Attorney’s offices to reprimand assistant DA’s found by courts to have engaged in misconduct: J. Rudin, The Supreme Court Assumes Errant Prosecutors Will Be Disciplined by Their Offices or the Bar: Three Case Studies That Prove That Assumption Wrong (8 Fordham L R 537 [2011]). The article shows how these District Attorney offices have created more incentives for trial prosecutors to seek to win that they do to comply with their Brady obligations.

Thứ Sáu, 15 tháng 2, 2013

ACCG Files Cert Petition in U.S. Supreme Court

Bronze doors inside the U.S. Supreme Court.
Photo by David Lat.
Following losses in the district and appellate courts, the Ancient Coin Collectors Guild (ACCG) has brought another court action against the executive branch, this time in the U.S. Supreme Court. The case of ACCG v. U.S. Customs and Border Protection Agency, Department of Homeland Security et al. (docket 12-996) challenges America's import controls over Chinese and Cypriot cultural property.

The U.S. government initiated import controls on ancient coins from China and Cyprus after finding that the cultural objects required protection from pillage and illegal trafficking under the Convention on Cultural Property Implementation Act (CPIA). The ACCG designed a test case in 2009 to contest these import restrictions by attempting to bring ancient Chinese and Cypriot coins into Baltimore from abroad.  U.S. Customs seized the coins, and the ACCG sued.

The ACCG failed to win its case in federal district court in 2011 and appealed.  But the fourth circuit court of appeals struck down the case unanimously in October 2012. The ACCG then filed a petition for rehearing, which the appeals court also rejected.

The ACCG has now filed a petition for certiorari in the U.S. Supreme Court, arguing that the appeals court committed legal errors.  The U.S. Solicitor General has by March 15, 2013 to reply before the justices vote on whether to hear the ACCG's case.

It is not likely that the case will be accepted since the supreme court rejects almost three quarters of petitions for cert.


This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2012 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT: www.culturalheritagelawyer.com

Thứ Tư, 13 tháng 2, 2013

Need Anyone Inform Defendant of The Mandatory Consecutive Nature of Sentence To Be Imposed Pursuant To Plea Bargain?

In People v Belliard (2013 NY Slip Op 00884 [NY 2/12/13]), the Court of Appeals held that Courtsare not required to advise a defendant pleading guilty that it is mandatory that the sentence of imprisonment he will receive as a second felony offender will run consecutively to the undischarged portion of his previously imposed state sentence. With Chief Judge Lippman dissenting, the Court explained that the mandatory nature of the consecutive sentencing does not render that a direct, and not collateral consequence of the plea.

That a court is not so obligated, does not mean that defense counsel has no obligation to inform his client of the mandatory consequence of his plea. For example, in People v Cosby (82 AD3d 63 [4th Dept 2/11/11), the Appellate Division, Fourth Department held that while the trial court has no obligation to inform a defendant of his or her right to testify or to ascertain if the failure to testify was a voluntary and intelligent waiver of his or her right to do so, " 'trial counsel's duty of effective assistance includes the responsibility to advise the defendant concerning the exercise of [the] constitutional right' to testify at trial."

The Court's holding in Belliard that it is not a direct consequence of the plea that the sentence will run consecutively to the earlier sentence is far from dispositive as to counsel's obligations. For example, in Padilla v Kentucky (559 U.S. ___, 130 SCT  1473 [2010]), the Supreme Court held that regardless of whether the immigration consequences of a plea are described as direct or collateral, when deportation  is clearly a mandatory consequence, counsel has a duty to so advise. Arguably, the logic of Padilla applies to the mandatory consecutive sentence scenario considered by the Court in Bellliard.

Appellate Divisions Can Order Hearing To Determine If There Was A Strategic Basis For Failure To Raise Issue

In People v Bachert (69 NY2d 593, 600 [1987]), the Court of Appeals held that a motion for writ of error coram nobis is the means in New York to raise claims of ineffective assistance of appellate counsel  Such claims focus on  appellate counsel's failure to raise significant and obvious issues while pursuing issues that were clearly and significantly weaker. But it is often difficult to establish that there was no possible strategic basis for such omission.

In People v Lassalle (2013 NY Slip Op 00883 [NY 2/12/13]), the Court of Appeals reminded both counsel and the Appellate Divisions that when "a defendant in a coram nobis points to a clear error on the face of the [trial court] record," that was not raised as an issue on appeal "there are avenues to more fully explore potentially meritorious claims (see e.g. People v D'Alessandro, 13 NY3d 216, 220-221 [2009]; People v Bachert, 69 NY2d 593, 600 [1987])." Specifically, in Bachert, the case in  the Court  held that '[t]he Appellate Division even has the flexibility, should the need arise, to refer factual disputes for hearings to the nisi prius court or perhaps to judicial hearing officers." People v Bachert, 69 N.Y.2d 593, 600 (1987).

Thus, in drafting motions for writ of error coram nobis, counsel should expressly ask that the Court refer to the case to a hearing if it is unclear if the failure to raise a meritorious issue was the product of strategy and not simply a mistake.

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