Carmen Ortiz’s Sordid Rap Sheet
By Christian Stork on Jan 17, 2013
The suicide last Friday of information activist, computer hacker and technical wunderkind Aaron Swartz has focused attention on Carmen Ortiz, the U.S. Attorney for Massachusetts, whose overzealous prosecution may have led to his death. Swartz, co-founder of a website later acquired by Reddit as well as a prime developer of the online publishing infrastructure known as Rich Site Summary (RSS), was under federal indictment for logging into JSTOR—a database of scholarly articles accessible from universities across the country—and downloading its content with the intent to distribute the articles online free of charge.
Despite JSTOR’s subsequent securing of the “stolen” content and refusal to press charges, Swartz was arrested by the feds and charged originally with four felony counts under the 1986 Computer Fraud and Abuse Act. On those charges alone, Swartz was facing a possible 35-year sentence and over $1,000,000 in fines. Just three months ago, a “Superseding Indictment” filed in the case by the U.S. attorney’s office upped the felony count from four to 13. If convicted, Swartz was looking at possibly over 50 years in prison: a conceivable life sentence.
Ortiz, the politically ambitious U.S. attorney for Massachusetts, spearheaded the prosecution against Swartz. “Stealing is stealing whether you use a computer command or a crowbar,” Ortiz proclaimed in a 2011 press release. Her point man in the case was Assistant U.S. Attorney Stephen Heymann, a specialist in computer crime and son of Philip Heymann, the United States Deputy Attorney General during the Clinton administration. Stephen Heymann led the 2010 investigation into Albert Gonzalez, theTJX hacker, in the largest identity fraud case in history. Heymann’s office suspected that one of the unindicted co-conspirators named in that criminal complaint—“JJ”—was Jonathan James, a juvenile hacker who also killed himself two weeks after his house was raided.