Writing in Massachusetts Lawyers' Weekly, Harvey Silverglate reported that lawyers familiar with the original case told him they had expected it to be dismissed after a "'continuance without a finding'. Attorneys' Office and the Secret Service failed to promptly hand over evidence requested by Swartz's attorney during the Massachusetts case's discovery process. A report later submitted to the president of MIT about the Swartz case suggests, however, that Massachusetts state law required the Middlesex district attorney to dismiss the charges after the Boston U.S. The state charges were dropped due to a deal being reached in which the data was returned by Swartz. The state charges against Swartz stemming from the November 17, 2011, indictment were dropped on March 8, 2012. On December 16, 2011, the district attorney's office filed a nolle prosequi declaration in the case generated by Swartz's initial January 6, 2011, arrest. On November 17, 2011, Swartz was indicted by a Middlesex County Superior Court grand jury on state charges of breaking and entering with intent, grand larceny, and unauthorized access to a computer network. On July 11, 2011, Swartz was indicted in federal District Court on four felony counts: wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer. However, it was widely reported in the press that the door Swartz had used was never locked, making it impossible for him to break and enter. He was arraigned in Cambridge District Court on two state charges of breaking and entering with intent to commit a felony. On January 6, 2011, Swartz was arrested near the Harvard campus by two MIT police officers and a U.S. According to press reports, the door to the closet was kept unlocked. They said Swartz downloaded the documents to a laptop computer connected to a networking switch in a controlled-access wiring closet. Īccording to state and federal authorities, Swartz downloaded a large number of academic journal articles from JSTOR through MIT's computer network, over the course of a few weeks in late 2010 and early 2011. Visitors to MIT's "open campus" were authorized to access JSTOR through its network. Swartz was a research fellow at Harvard University, which provided him with a JSTOR account. JSTOR is a digital repository that archives − and disseminates online − manuscripts, GIS systems, scanned plant specimens and content from academic journal articles. On January 11, 2013, two years after his initial arrest, Swartz was found dead in his Brooklyn apartment, where he had hanged himself. Federal prosecutors eventually charged him with two counts of wire fraud and eleven violations of the Computer Fraud and Abuse Act, charges carrying a cumulative maximum penalty of $1 million in fines plus 35 years in prison, asset forfeiture, restitution and supervised release. On January 6, 2011, Swartz was arrested by MIT Police on state breaking-and-entering charges, in connection with the systematic downloading of academic journal articles from JSTOR. Facing trial and the possibility of imprisonment, Swartz committed suicide, and the case was consequently dismissed. Aaron Swartz, Aaron Swartz, an American computer programmer, writer, political organizer and Internet activist, was prosecuted for multiple violations of the Computer Fraud and Abuse Act of 1986 (CFAA), after downloading academic journal articles through the MIT computer network from a source ( JSTOR) for which he had an account as a Harvard research fellow. United States District Court for the District of Massachusetts
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