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Ray Pride

By Ray Pride Pride@moviecitynews.com

“That Vision Thing”: Aaron Swartz, 1986-2013

Who knew who knew Aaron Swartz? Less than 24 hours after his suicide at the age of 26, in the face of a federal prosecutor determined to send him to jail for life, or the very least, on the street as a penniless felon, tributes fill the air. [A NYTimes article on the charges is here; a just-launched memorial Tumblr here.] Today marks two years to the date he was indicted, in 2011. As activist David Seaman put it, “The guy who invented RSS at 14, which allows podcasts like yours and mine to syndicate out to people, hung himself yesterday.” [Swartz’s personal site and bio is here; AP dispatch here; Official statement from his family and from EFF, the Electronic Frontier Foundation. Plus: Dan Gillmor: save some energy for activism. Doc Searls is staying on top of links to further tributes.]

“Starting at age 14, Swartz had won a large number of friends, admirers, followers, and mentors, plus a small but important number of enemies, through his combination of tech-world virtuosity and expansive civic and social imagination,” writes James Fallows. “Swartz was a strong and effective advocate of the untrammeled flow of information and knowledge in all directions, and vigilance against control or de-facto censorship efforts by corporate or governmental interests.” Lawrence Lessig writes, “He was brilliant, and funny. A kid genius. A soul, a conscience, the source of a question I have asked myself a million times: What would Aaron think? That person is gone today, driven to the edge by what a decent society would only call bullying. I get wrong. But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.” [JSTOR makes a statement.] Tim Lee in the Washington Post: “I worry that Swartz’s prosecution is a sign that America is gradually losing the sense of humor that has made it the home of the world’s innovators and misfits. A generation ago, we hailed Pentagon Papers leaker Daniel Ellsberg as a hero. Today, our government throws the book at whistleblowers for leaking much less consequential information. Our nation’s growing humorlessness won’t just mean that insubordinate idealists like Swartz lose their freedom or their lives. As our culture becomes steadily less accepting of people with Swartz’s irreverent attitude toward authority, we’ll all be poorer as a result. Revolutionary new technologies and ideas come from iconoclasts like Jobs, Wozniak and Swartz. It’s a bad idea to lock them up and throw away the key.


Rick Perlstein: “I remember him contacting me out of the blue—was it in 2005?—and telling me I needed a website, and did I want him to build one for me? I smelled a hustle, asking him how much it would cost, and he said, no, he wanted to do it for free. I thought, What a loser this guy must be. Someone with nothing better to do. How long was it before I learned instead that he actually was a ball of pure corruscation, the guy who had just about invented something called an “RSS feed” and a moral philosopher and public-intellectual-without-portfolio and tireless activist and makeshift Internet-era self-help guru and self-employed archivist and what his deeply inadequate New York Times obituary called “an unwavering crusader to make that information free of charge”—and, oh yes, how long was it after I heard from him that I learned that he was, what, 20 years old? … He was also the first person I knew who wrote five word emails, no more information, and no less, than what he needed to convey, Twitter avant la lettre—like all of us now; we are all Aaron Swartz… I remember a creature who seemed at first almost to be made up of pure data, disembodied…  Only slowly, it seems, did he come to learn that he possessed a body… I remember the time, at the height of our friendship, when he announced he was taking a month off from connecting to any computer. I remember him telling me afterward about what it felt like: glorious, radiant, strange, alive, true (he mostly read history books). Dude got to see what it was like outside Plato’s Cave two separate times in his life. How many of us can say that? … I like what the blogger Lambert Strether wrote on my Facebook page… “Our society should be selecting for the Aaron Swartzes of this world. Instead, generous and ethical behavior, especially when combined with technical brilliance, turns out to be maladaptive, indeed lethal. If Swartz had been Wall Street’s youngest investment banker, he would be alive today.”

Cory Doctorow: “I met Aaron when he was 14 or 15. He was working on XML stuff (he co-wrote the RSS specification when he was 14) and came to San Francisco often, and would stay with Lisa Rein, a friend of mine who was also an XML person and who took care of him and assured his parents he had adult supervision. In so many ways, he was an adult, even then, with a kind of intense, fast intellect that really made me feel like he was part and parcel of the Internet society, like he belonged in the place where your thoughts are what matter, and not who you are or how old you are. But he was also unmistakably a kid then, too. He would only eat white food. We’d go to a Chinese restaurant and he’d order steamed rice. I suggested that he might be a supertaster and told him how to check it out, and he did, and decided that he was. We had a good talk about the stomach problems he faced and about how he would need to be careful because supertasters have a tendency to avoid “bitter” vegetables and end up deficient in fibre and vitamins. He immediately researched the hell out of the subject, figured out a strategy for eating better, and sorted it. The next time I saw him (in Chicago, where he lived — he took the El a long way from the suburbs to sit down and chat with me about distributed hash caching), he had a whole program in place.

I introduced him to Larry Lessig, and he was active in the original Creative Commons technical team, and became very involved in technology-freedom issues. Aaron had powerful, deeply felt ideals, but he was also always an impressionable young man, someone who often found himself moved by new passions. He always seemed somehow in search of mentors, and none of those mentors ever seemed to match the impossible standards he held them (and himself) to.

This was cause for real pain and distress for Aaron, and it was the root of his really unfortunate pattern of making high-profile, public denunciations of his friends and mentors. And it’s a testament to Aaron’s intellect, heart, and friendship that he was always forgiven for this. Many of us “grown ups” in Aaron’s life have, over the years, sat down to talk about this, and about our protective feelings for him, and to check in with one another and make sure that no one was too stung by Aaron’s disappointment in us. I think we all knew that, whatever the disappointment that Aaron expressed about us, it also reflected a disappointment in himself and the world.

Aaron accomplished some incredible things in his life. He was one of the early builders of Reddit (someone always turns up to point out that he was technically not a co-founder, but he was close enough as makes no damn), got bought by Wired/Conde Nast, engineered his own dismissal and got cashed out, and then became a full-time, uncompromising, reckless and delightful shit-disturber.

The post-Reddit era in Aaron’s life was really his coming of age. His stunts were breathtaking. At one point, he singlehandedly liberated 20 percent of US law. PACER, the system that gives Americans access to their own (public domain) case-law, charged a fee for each such access. After activists built RECAP (which allowed its users to put any caselaw they paid for into a free/public repository), Aaron spent a small fortune fetching a titanic amount of data and putting it into the public domain. The feds hated this. They smeared him, the FBI investigated him, and for a while, it looked like he’d be on the pointy end of some bad legal stuff, but he escaped it all, and emerged triumphant…

Aaron had an unbeatable combination of political insight, technical skill, and intelligence about people and issues. I think he could have revolutionized American (and worldwide) politics. His legacy may still yet do so.

Somewhere in there, Aaron’s recklessness put him right in harm’s way. Aaron snuck into MIT and planted a laptop in a utility closet, used it to download a lot of journal articles (many in the public domain), and then snuck in and retrieved it. This sort of thing is pretty par for the course around MIT, and though Aaron wasn’t an MIT student, he was a fixture in the Cambridge hacker scene, and associated with Harvard, and generally part of that gang, and Aaron hadn’t done anything with the articles (yet), so it seemed likely that it would just fizzle out.

Instead, they threw the book at him. Even though MIT and JSTOR (the journal publisher) backed down, the prosecution kept on. I heard lots of theories: the feds who’d tried unsuccessfully to nail him for the PACER/RECAP stunt had a serious hate-on for him; the feds were chasing down all the Cambridge hackers who had any connection to Bradley Manning in the hopes of turning one of them, and other, less credible theories. A couple of lawyers close to the case told me that they thought Aaron would go to jail.”  [“To the extent possible under law, Cory Doctorow has waived all copyright and related or neighboring rights to ‘RIP, Aaron Swartz.'”]

His former partner Quinn Norton makes it personal: “We used to have a fight about how much the internet would grieve if he died. I was right, but the last word you get in as the still living is a hollow thing, trailing off, as it does, into oblivion. I love Aaron. I loved Aaron. There are no words to can contain love, to cloth it in words is to kill it, to mummify it and hope that somewhere in the heart of a reader, they have the strength and the magic to resurrect it. I can only say I love him. That I will always love him, and that I known for years I would. Aaron was a boy, not big, who cast a shadow across the world. But for me, he will always be that person who made me love him… On the last day I saw him, he grabbed me in the rain while my car was blocking the road and held me and said “I love you.” I don’t know if I said it back. Not that time. I had always told him. Sometimes I told him when he didn’t have it in him to say. I’d say “I love you, and you love me, too” and he would just hold me.When he was 20, he carried me through my divorce. We promised each other a year. I apologized so many times: that I was better than what he was getting, that he got me destroyed. Still, what a year. Later, I tried to take care of him while he was being destroyed, from inside and out. I struggled so hard, but not as hard as he did. I told him, time and again, that this was his 20s. It would be better in his 30s. Just wait. Please, just hold on.He read to me and Ada compulsively; he read me a whole David Foster Wallace book. He read Robert Caro to me, countless articles, blog posts, snippets of books… More than anything, together we loved the world, with the kind of love that grips and tears… We were destroyed by the investigation, and by enduring so much together in the five years of the difficult love affair of difficult people. In the end he told me he needed to get away from me. I let him go, and waited for the day he’d come back… A part of me died with him. A part will always be with him.”

Cyrus Farivar: “Rather than (like me) being on the periphery of the geek crowd (and beginning my career as a tech journalist), Swartz was deep in the center of it.” Mike Elk: “Aaron Swartz was a good guy.” Corby Kummer tweets that he’s writing from the table at Toscanini’s in Cambridge, Massachusetts, where Swartz liked to write, pointing to James Fallows. And now Lawrence Lessig: “Since his arrest… I have known more about the events that began this spiral than I have wanted to know. Aaron consulted me as a friend and lawyer that morning. He shared with me what went down and why, and I worked with him to get help. When my obligations to Harvard created a conflict that made it impossible for me to continue as a lawyer, I continued as a friend. Not a good enough friend, no doubt, but nothing was going to draw that friendship into doubt. The billions of snippets of sadness and bewilderment spinning across the Net confirm who this amazing boy was to all of us. But as I’ve read these aches, there’s one strain I wish we could resist: Please don’t pathologize this story

“[A]ll this shows is that if the government proved its case, some punishment was appropriate. So what was that appropriate punishment? Was Aaron a terrorist? Or a cracker trying to profit from stolen goods? Or was this something completely different? Early on, and to its great credit, JSTOR figured “appropriate” out: They declined to pursue their own action against Aaron, and they asked the government to drop its. MIT, to its great shame, was not as clear, and so the prosecutor had the excuse he needed to continue his war against the “criminal” who we who loved him knew as Aaron.

“Here is where we need a better sense of justice, and shame. For the outrageousness in this story is not just Aaron. It is also the absurdity of the prosecutor’s behavior. From the beginning, the government worked as hard as it could to characterize what Aaron did in the most extreme and absurd way. The “property” Aaron had “stolen,” we were told, was worth “millions of dollars” — with the hint, and then the suggestion, that his aim must have been to profit from his crime. But anyone who says that there is money to be made in a stash of ACADEMIC ARTICLES is either an idiot or a liar. It was clear what this was not, yet our government continued to push as if it had caught the 9/11 terrorists red-handed… He was brilliant, and funny. A kid genius. A soul, a conscience, the source of a question I have asked myself a million times: What would Aaron think? That person is gone today, driven to the edge by what a decent society would only call bullying. I get wrong. But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you. For remember, we live in a world where the architects of the financial crisis regularly dine at the White House — and where even those brought to “justice” never even have to admit any wrongdoing, let alone be labeled “felons.” … I get how the prospect of this fight, defenseless, made it make sense to this brilliant but troubled boy to end it… Somehow, we need to get beyond the “I’m right so I’m right to nuke you” ethics that dominates our time. That begins with one word: Shame. One word, and endless tears.”

From Aaron Swartz, “That Vision Thing”: “It was about five years ago now, when I looked up from the car and realized I couldn’t see. I had been staring at my computer a lot, and reading books when I wasn’t doing that, so I didn’t notice much, but that day, riding in the car, I looked up and realized I couldn’t read the street sign. .. I tried a couple things to improve my eyesight, but nothing very seriously. I tried, but it never seemed important enough to warrant the effort. And so I walked thru life, legally blind. I didn’t really notice… Contacts are an odd thing. They’re almost invisible, malleable little things that you can’t see once they’re stuck on your eye. One minute, you’re living a Monet-like existence of a world blurred, then tap your eye and suddenly, invisibly, everything is clear. I had no idea the world really looked like this, with such infinite clarity. It looks like a modernist photo or a hyperreal film, everything in focus everywhere. Everyone kept saying “oh, do you see the leaves now?” but the first thing I saw was not the leaves but the people. People, individuated, each with brilliant faces and expressions at gaits, the sun streaming down upon them. I couldn’t help but smile. It’s much harder being a misanthrope when you can see people’s faces… My eyes are open and I can now experience the beauty that’s been more than a few feet in front of my nose.”

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It shows how out of it I was in trying to be in it, acknowledging that I was out of it to myself, and then thinking, “Okay, how do I stop being out of it? Well, I get some legitimate illogical narrative ideas” — some novel, you know?

So I decided on three writers that I might be able to option their material and get some producer, or myself as producer, and then get some writer to do a screenplay on it, and maybe make a movie.

And so the three projects were “Do Androids Dream of Electric Sheep,” “Naked Lunch” and a collection of Bukowski. Which, in 1975, forget it — I mean, that was nuts. Hollywood would not touch any of that, but I was looking for something commercial, and I thought that all of these things were coming.

There would be no Blade Runner if there was no Ray Bradbury. I couldn’t find Philip K. Dick. His agent didn’t even know where he was. And so I gave up.

I was walking down the street and I ran into Bradbury — he directed a play that I was going to do as an actor, so we know each other, but he yelled “hi” — and I’d forgot who he was.

So at my girlfriend Barbara Hershey’s urging — I was with her at that moment — she said, “Talk to him! That guy really wants to talk to you,” and I said “No, fuck him,” and keep walking.

But then I did, and then I realized who it was, and I thought, “Wait, he’s in that realm, maybe he knows Philip K. Dick.” I said, “You know a guy named—” “Yeah, sure — you want his phone number?”

My friend paid my rent for a year while I wrote, because it turned out we couldn’t get a writer. My friends kept on me about, well, if you can’t get a writer, then you write.”
~ Hampton Fancher

“That was the most disappointing thing to me in how this thing was played. Is that I’m on the phone with you now, after all that’s been said, and the fundamental distinction between what James is dealing with in these other cases is not actually brought to the fore. The fundamental difference is that James Franco didn’t seek to use his position to have sex with anyone. There’s not a case of that. He wasn’t using his position or status to try to solicit a sexual favor from anyone. If he had — if that were what the accusation involved — the show would not have gone on. We would have folded up shop and we would have not completed the show. Because then it would have been the same as Harvey Weinstein, or Les Moonves, or any of these cases that are fundamental to this new paradigm. Did you not notice that? Why did you not notice that? Is that not something notable to say, journalistically? Because nobody could find the voice to say it. I’m not just being rhetorical. Why is it that you and the other critics, none of you could find the voice to say, “You know, it’s not this, it’s that”? Because — let me go on and speak further to this. If you go back to the L.A. Times piece, that’s what it lacked. That’s what they were not able to deliver. The one example in the five that involved an issue of a sexual act was between James and a woman he was dating, who he was not working with. There was no professional dynamic in any capacity.

~ David Simon