I don't necessarily disagree with the motives behind Aaron's actions, but if you're going to break the law in what may be perceived as "civil disobedience," you need to be willing to "do the time," too.[1]
I'm neither encouraging nor discouraging people from donating, but I do think that it's a little off-putting that Aaron's taking what could have been a selfless, martyrdom-filled act of civil disobedience and then changing it into "silly mistake," from which he's asking for help recovering.
[1]: 'Doing the time' as a turn of speech. I doubt Aaron would get actual jail time for this. Then again, I am not a lawyer.
I totally agree with your point that he should be willing to "do the time" and that he shouldn't be calling it a "silly mistake". Civil disobedience is noble BECAUSE it comes with a cost.
That said, the legal system is setup in a way where it costs a lot of money to get a truly fair trial. A lawyer will tell his side of the story; without a good one he won't be properly heard by the legal system. Aaron would be a disservice to his cause by putting up a poor defense.
This was not civil disobedience, which involves publicly breaking a law in order to demonstrate that it is unjust. Swartz, lacking the courage of his convictions, tried to commit a crime in secret. Now he wants us to help him pay the piper! Despicable.
When you impact JSTOR and the entire MIT network the way he did, it's hardly "in secret". Something like a stream of one million continuous JSTOR downloads 24/7, significantly impacting the entire MIT network, is going to go unnoticed?
His JSTOR use was heavy enough to draw an IP ban. Yet he continued. I fail to believe he was really trying to hide - he knew his actions would be noticed. Network admins would see what was going on. And even in the wiring closet, putting a bike helmet over his face? That's not exactly covert.
JSTOR would know something was up - the IP ban was probably automatic but still I would guess the folks administering their servers would have noticed a huge spike in activity from MIT.
MIT would know something was up. Their network admins are not asleep at the wheel.
Seems to me, it was no secret what he was doing. He did not try very hard to conceal it. (Or maybe you think he was supposed to hold a press conference or at least call the TV news first?) With the way he went about this, it's no wonder he got caught.
Moreover, he already knew he had an FBI file from the PACER incident. So it's not like he couldn't imagine the FBI getting involved.
Then again, I could be wrong. Maybe he really is that stupid.
I'm neither encouraging nor discouraging people from donating, but I do think that it's a little off-putting that Aaron's taking what could have been a selfless, martyrdom-filled act of civil disobedience and then changing it into "silly mistake," from which he's asking for help recovering.
[1]: 'Doing the time' as a turn of speech. I doubt Aaron would get actual jail time for this. Then again, I am not a lawyer.