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.

Continue ReadingWhy did the feds over-prosecute Aaron Swartz?

Dan Dennett: More on the brain as a computer

Daniel Dennett had this to say, at Edge.org:

The vision of the brain as a computer, which I still champion, is changing so fast. The brain's a computer, but it's so different from any computer that you're used to. It's not like your desktop or your laptop at all, and it's not like your iPhone except in some ways. It's a much more interesting phenomenon. What Turing gave us for the first time (and without Turing you just couldn't do any of this) is a way of thinking about in a disciplined way and taking seriously phenomena that have, as I like to say, trillions of moving parts. Until late 20th century, nobody knew how to take seriously a machine with a trillion moving parts. It's just mind-boggling. The idea is basically right, but when I first conceived of it, I made a big mistake. I was at that point enamored of the McCulloch-Pitts logical neuron. McCulloch and Pitts had put together the idea of a very simple artificial neuron, a computational neuron, which had multiple inputs and a single branching output and a threshold for firing, and the inputs were either inhibitory or excitatory. They proved that in principle a neural net made of these logical neurons could compute anything you wanted to compute. So this was very exciting. It meant that basically you could treat the brain as a computer and treat the neuron as a sort of basic switching element in the computer, and that was certainly an inspiring over-simplification. Everybody knew is was an over-simplification, but people didn't realize how much, and more recently it's become clear to me that it's a dramatic over-simplification, because each neuron, far from being a simple logical switch, is a little agent with an agenda, and they are much more autonomous and much more interesting than any switch. The question is, what happens to your ideas about computational architecture when you think of individual neurons not as dutiful slaves or as simple machines but as agents that have to be kept in line and that have to be properly rewarded and that can form coalitions and cabals and organizations and alliances? This vision of the brain as a sort of social arena of politically warring forces seems like sort of an amusing fantasy at first, but is now becoming something that I take more and more seriously, and it's fed by a lot of different currents.
I've posted on these issues before, but Dennett's article advances the topic much further.

Continue ReadingDan Dennett: More on the brain as a computer

Down under

I'm one of the 38%, people who had the vaccination who nonetheless got the flu. It's been many hours hibernating in bed (about 60), barely reading much less writing, barely standing up. I apologize for those who posted comments that weren't reviewed until now. This, of course, makes me appreciate that I don't usually feel like this. And it is a good reminder that there are many folks out there with chronic pain and illness who don't see any light at the end of the tunnel. In my process of gaining some strength, I started wondering who is funding Fred Phelps hate group (the "Westboro Baptist Church"). As is often the case, Wikipedia offers a succinct answer. It is self-funded. The group's 40 members chip in $200,000 per year for travel and other costs. They have also filed some suits of their own, seeking fees and damages to further their bizarre cause.

WBC's travel expenses exceed $200,000 annually. According to the Southern Poverty Law Center, Westboro is funded entirely by its congregation and accepts no outside donations. The church has received money from lawsuits and legal fees. For example, they sued the city of Topeka several times in the 1990s. WBC received $16,500, and is pursuing another $100,000, in legal fees for a case won in court. The WBC is considered a nonprofit organization by the federal government, and is therefore exempt from paying taxes.
The world is a crazy place, especially given that we cannot any longer have rational non-vilifying conversations with people with whom we disagree. George Carlin has said so very many things that resonate with me. One of them is that he no longer claimed a "stake in the process," and that he simply has stepped back to see life as a bizarre entertainment spectacle, and nothing more. I don't agree with this nihilistic outlook, but it nonetheless haunts me, in this day where major issues go unanticipated and unaddressed while we blast each other about trivial and tribal concerns. If only we had a way to remove all the tribal labels and figure out what needs to be done to preserve the planet for the next generation. That's my benchmark. Anyone who can't agree that this is the (or at least, a) prime directive, is a nihilist. Or equally bad, perhaps they are well-meaning people who have given up, who seen no way to apply their personal energies to change the world for the better. Yes, there will always be local victories, but the bigger context seems to me that ordinary citizens are becoming disempowered, except as consumers.

Continue ReadingDown under

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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