Why did the feds over-prosecute Aaron Swartz?

Glenn Greenwald makes a strong case that the government was intentionally making an example out of Swartz in order to assert corporatocratic control over the Internet. Government information belongs to the government and big business

But the abuses here extend far beyond the statutes in question. There is, as I wrote about on Saturday when news of Swartz's suicide spread, a general effort to punish with particular harshness anyone who challenges the authority of government and corporations to maintain strict control over the internet and the information that flows on it. Swartz's persecution was clearly waged by the government as a battle in the broader war for control over the internet. As Swartz's friend, the NYU professor and Harvard researcher Danah Boyd, described in her superb analysis:
"When the federal government went after him – and MIT sheepishly played along – they weren't treating him as a person who may or may not have done something stupid. He was an example. And the reason they threw the book at him wasn't to teach him a lesson, but to make a point to the entire Cambridge hacker community that they were p0wned. It was a threat that had nothing to do with justice and everything to do with a broader battle over systemic power.
The government bullying of Aaron Swartz is one of many government abuses that all fit into a pattern, as Greenwald notes:
The grotesque abuse of Bradley Manning. The dangerous efforts to criminalize WikiLeaks' journalism. The severe overkill that drives the effort to apprehend and punish minor protests by Anonymous teenagers while ignoring far more serious cyber-threats aimed at government critics. The Obama administration's unprecedented persecution of whistleblowers. And now the obscene abuse of power applied to Swartz.
Why the focus on the Internet?
[T]he abuse of state power, the systematic violation of civil liberties, is about creating a Climate of Fear, one that is geared toward entrenching the power and position of elites by intimidating the rest of society from meaningful challenges and dissent. There is a particular overzealousness when it comes to internet activism because the internet is one of the few weapons - perhaps the only one - that can be effectively harnessed to galvanize movements and challenge the prevailing order.

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EFF: Congress Disgracefully Approves the FISA Warrantless Spying Bill for Five More Years

I'm reprinting the following, with permission, from the site of the Electronic Frontier Foundation:

Congress Disgracefully Approves the FISA Warrantless Spying Bill for Five More Years, Rejects All Privacy Amendments

Today, after just one day of rushed debate, the Senate shamefully voted on a five-year extension to the FISA Amendments Act, an unconsitutional law that openly allows for warrantless surveillance of Americans' overseas communications.

Incredibly, the Senate rejected all the proposed amendments that would have brought a modicum of transparency and oversight to the government's activities, despite previous refusals by the Executive branch to even estimate how many Americans are surveilled by this program or reveal critical secret court rulings interpreting it.

The common-sense amendments the Senate hastily rejected were modest in scope and written with the utmost deference to national security concerns. The Senate had months to consider them, but waited until four days before the law was to expire to bring them to the floor, and then used the contrived time crunch to stifle any chances of them passing.

Sen. Ron Wyden's amendment would not have taken away any of the NSA's powers, it just would have forced intelligence agencies to send Congress a report every year detailing how their surveillance was affecting ordinary Americans. Yet Congress voted to be purposely kept in the dark about a general estimate of how many Americans have been spied on.

You can watch Sen. Ron Wyden's entire, riveting floor speech on the privacy dangers and lack of oversight in the FISA Amendments Act here.

Sen. Jeff Merkley's amendment would have encouraged (not even forced!) the Attorney General to declassify portions of secret FISA court opinions—or just release summaries of them if they were too sensitive. This is something the administration itself promised to do three years ago. We know—because the government has admitted—that at least one of those opinions concluded the government had violated the Constitution. Yet Congress also voted to keep this potentially critical interpretation of a public law a secret.

Tellingly, Sen. Rand Paul's "Fourth Amendment Protection Act," which would have affirmed Americans' emails are protected from unwarranted search and seizures (just like physical letters and phone calls), was voted down by the Senate in a landslide.

The final vote for re-authorizing five more years of the FISA Amendments Act and secretive domestic spying was 73-23. Our thanks goes out to the twenty-three brave Senators who stood up for Americans' constitutional rights yesterday. If only we had more like them.

Of course, the fight against illegal and unconsitutional warrantless wiretapping is far from over. Since neither the President, who once campaigned on a return to rule of law on surveillance of Americans, nor the Congress, which has proven to be the enabler-in-chief of the Executive's overreach, have been willing to protect the privacy of Americans in their digital papers, all eyes should now turn to the Courts.

EFF was just in federal court in San Francisco two weeks ago, challenging the NSA's untargeted dragnet warrantless surveillance program. And the Supreme Court will soon rule whether the ACLU's constitutional challenge to the "targeted" portions of the FISA Amendments Act can go forward.

But make no mistake: this vote was nothing less than abdication by Congress of its role as watchdog over Executive power, and a failure of its independent obligation to protect the Bill of Rights. The FISA Amendments Act and the ongoing warrantless spying on Americans has been, and will continue to be, a blight on our nation and our Constitution.

If you decide to view the speech of Senator Ron Wyden (D-OR), be sure to listen to the portion starting at min 38, where you can see that national intelligence authorities have been completely stifling even the reasonable requests of U.S. Senators regarding the numbers of communications of innocent American that have been intercepted.

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Video features the history of Wikileaks

There are still far to many people who assume that Wikileaks should be outlawed and banned. They assume that the rights Wikileaks asserts in doing its work are different than the rights asserted by the New York Times and other major media outlets when they are doing their best work. Most Americans don't realize the incredible good that Wikileaks has done by exposing corruption and violence perpetrated by Americans in Guantanamo. They don't realize that Wikileaks exposed a toxic waste dump in the Ivory Coast that caused tens of thousands of injuries (after The Guardian was gagged from reporting this horrific event by a secret court order). This video documents the admirable work done by Wikileaks in Iceland (see 16 min mark), exposing the corruption and incompetence of the Icelandic banks. It covers Wikileaks' revelation of the corruption of Kenyan leader Daniel Arap Moi (min 8). Wikileaks exposed (min 25) the events related to the "collateral murder" video after the American military refused to come clean. This is an especially haunting episode. And consider (min 37) that Wikileaks exposed the widespread civilian deaths and the widespread torture, all of this facilitated or directly caused by the United States in Iraq and Afghanistan, much of this covered up by the United States.

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New organization–Freedom of the Press Foundation–protects meaningful freedom of the press

Glenn Greenwald is a member of the Board of the Directors of a new organization called Freedom of the Press Foundation. Here's how Greenwald describes the mission:

The primary impetus for the formation of this group was to block the US government from ever again being able to attack and suffocate an independent journalistic enterprise the way it did with WikiLeaks. Government pressure and the eager compliance of large financial corporations (such as Visa, Master Card, Bank of America, etc.) has - by design - made it extremely difficult for anyone to donate to WikiLeaks, while many people are simply afraid to directly support the group (for reasons I explained here).

We intend to raise funds ourselves and then distribute it to the beneficiaries we name. The first group of beneficiaries includes WikiLeaks. We can circumvent those extra-legal, totally inappropriate blocks that have been imposed on the group. We can enable people to support WikiLeaks without donating directly to it by donating to this new organization that will then support a group of deserving independent journalism outlets, one of which is WikiLeaks. In sum, we will render impotent the government's efforts to use its coercive pressure over corporations to suffocate not only WikiLeaks but any other group it may similarly target in the future.

. . . I'm very excited to have participated in its formation and will serve as an unpaid member of the Board of Directors, along with the heroic whistleblower Daniel Ellsberg, 2012 McArthur-fellowship-receipient and Oscar-nominated documentarian Laura Poitras, co-founder of the Electronic Frontier Foundation John Perry Barlow, the actor and civil liberties advocate John Cusack, BoingBoing co-founder Xeni Jardin, and several other passionate free press and transparency activists.

David Carr of the New York Times recently wrote an article titled: "Group Aims to Be a Conduit for WikiLeaks Donations":

A group advocating a more transparent government has formed a nonprofit organization called the Freedom of the Press Foundation to serve as a conduit for donations to organizations like WikiLeaks. The goal is to insulate those groups’ fund-raising efforts from political and business pressures.

In December 2010, Visa, MasterCard and PayPal announced that they would no longer accept transactions for WikiLeaks, the online leak group that released thousands of secret documents from the American government. The move to cut off donations, which came after vocal protests against the organization’s activities from members of Congress, eliminated the vast majority of financing for WikiLeaks.

Michael Calderon of Huffpo is recently posted on FPF:

In an interview with The Huffington Post, Timm said the idea for the foundation grew out of conversations with fellow co-founders, Daniel Ellsberg, the whistleblower behind the Pentagon Papers, and John Perry Barlow, co-founder of the Electronic Frontier Foundation and a former Grateful Dead lyricist.

The foundation plans to direct tax deductible donations to WikiLeaks for as long as payment processors block the organization, while protecting other outlets if they are similarly targeted.

"WikiLeaks was the inspiration for it, but we wanted to make the mission much broader than WikiLeaks," Timm said.

For that reason, the group is also raising money for three other entities: MuckRock News, an open government organization; National Security Archive, an archive of declassified government documents; and The UpTake, a citizen-journalism news site.

Here is more on the four beneficiary organizations. FDL's Kevin Gosztola writes:

[T]he idea had come from something that had been discussed for months. There was a “real sense that the blockade on WikiLeaks was censorship of not just of WikiLeaks but actually of the people who wanted to express their opinions by making donations.” It was a suppression of “their rights to free speech,” as well.

FPF decided to do something that would empower people to do something that could keep WikiLeaks operational while also inspiring a new generation of WikiLeaks-like organizations that would be resistant to government and corporate pressures.

Here's an excerpt from the About Page of Freedom of the Press Foundation: The Freedom of the Press Foundation is dedicated to helping promote and fund aggressive, public-interest journalism focused on exposing mismanagement, corruption, and law-breaking in government. We accept tax-deductible donations to a variety of journalism organizations dedicated to government transparency and accountability. The Freedom of the Press Foundation is built on the recognition that this kind of transparency journalism — from publishing the Pentagon Papers and exposing Watergate, to uncovering the NSA’s warrantless wiretapping program and CIA secret prisons — doesn’t just happen. It requires dogged work by journalists, and often, the courage of whistleblowers and others who work to ensure that the public actually learns what it has a right to know. But in a changing economic and technological age, media organizations are increasingly susceptible to corporate or government pressure. This can lead to watered-down or compromised coverage, or worse: censorship. Increasingly, non-profit media and transparency organizations are emerging as a critical component of the journalism landscape. Leveraging the power of the Internet, these organizations are helping to reinvent and reimagine independent watchdog reporting. Right now, too many of those organizations are struggling for funding, relying on a few large foundations or competing for donors. Our goal is to broaden the financial base of these types of institutions—both start-ups and established non-profit organizations — by crowd-sourcing funding and making it easy for people to support the best journalism from an array of organizations all in one place. Using the same networked, collaborative approach, the Freedom of the Press Foundation will also provide support for organizations and individuals that have been unjustly censored or cut off from funding for doing their job as journalists. Given the variety of corporate and government pressures on journalism outlets around the world, the need has never been greater.

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The non-debate regarding Susan Rice

Glenn Greenwald reports on the lack of meaningful debate regarding Susan Rice:

Virtually all of this debate has concerned Rice's statements on a series of Sunday news shows in September, during which she claimed that the Benghazi attack was primarily motivated by spontaneous anger over an anti-Islam film rather than an coordinated attack by a terrorist group. Everyone now acknowledges that (consistent with the standard pattern of this administration's behavior) Rice's statements were inaccurate, but in a majestic display of intellectual dexterity, progressive pundits claim with a straight face that public officials should be excused when they make false statements based on what the CIA tells them to say, while conservatives claim with a straight face that relying on flawed and manipulated intelligence reports is no excuse. All of that is standard, principle-free partisan jockeying. It goes without saying that if this were Condoleezza rather than Susan Rice, the two sides would have exactly opposite positions on whether these inaccurate statements should be held against her. None of that is worth examining. But what is remarkable is how so many Democrats are devoting so much energy to defending a possible Susan Rice nomination as Secretary of State without even pretending to care about her record and her beliefs. It's not even part of the discussion.

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