United States V. Aaron Swartz
1. United States v. Aaron Swartz (2011-2013)
Facts:
Aaron Swartz, an internet activist and programmer, downloaded a large number of academic articles from JSTOR via the Massachusetts Institute of Technology’s (MIT) network. He used MIT’s open network to automate downloading millions of documents, intending to make them publicly available. However, JSTOR did not authorize this mass download.
Legal Issues:
Swartz was charged under the Computer Fraud and Abuse Act (CFAA) for unauthorized access to a protected computer system and wire fraud. The prosecution argued he bypassed restrictions and caused potential economic harm. The case raised questions about the scope and application of CFAA.
Outcome:
Swartz faced up to 35 years in prison and heavy fines. Before the trial, he tragically died by suicide in 2013. The case sparked widespread debate on prosecutorial overreach and the ethics of information freedom.
Significance:
The case became a symbol of controversy over digital rights, overbroad computer crime laws, and harsh penalties for non-malicious hacking. It spurred advocacy for reform of the CFAA.
2. United States v. Kevin Poulsen (1991-1994)
Facts:
Kevin Poulsen, also known as “Dark Dante,” was a hacker who took over phone lines to win radio station contests and gain media attention. He illegally accessed government and corporate computers and engaged in wiretapping.
Legal Issues:
Poulsen was charged with wire fraud, computer fraud, and unauthorized access under federal statutes. The case tested the government’s ability to prosecute hacking crimes in the early days of widespread internet use.
Outcome:
Poulsen was convicted and sentenced to over five years in prison.
Significance:
This case was one of the early major federal prosecutions of a hacker and helped establish precedent in applying federal laws to cybercrime.
3. United States v. Matthew Keys (2013-2016)
Facts:
Matthew Keys, a former journalist, was charged with providing login credentials to the hacker group “Anonymous,” which used the access to deface the Los Angeles Times website.
Legal Issues:
Keys was charged under the Computer Fraud and Abuse Act for conspiracy and unauthorized access to a protected computer.
Outcome:
He was convicted and sentenced to 2 years in prison.
Significance:
This case highlighted the risks journalists and insiders face when interacting with hacking groups and expanded interpretations of unauthorized access.
4. United States v. Gary McKinnon (2002-2012)
Facts:
Gary McKinnon, a British hacker, accessed 97 U.S. military and NASA computers without authorization, claiming to look for evidence of UFO cover-ups.
Legal Issues:
He faced charges under the CFAA for unauthorized access and causing damage to government computers.
Outcome:
The U.S. sought his extradition, but the UK government eventually blocked it on medical grounds (McKinnon has Asperger’s Syndrome). The case remains a landmark in international cybercrime jurisdiction.
Significance:
The case exposed the complexities of prosecuting cybercrime across borders and raised ethical questions about treatment of mentally ill defendants.
5. United States v. Jeremy Hammond (2012-2013)
Facts:
Jeremy Hammond hacked into the private intelligence firm Stratfor’s computer network and leaked thousands of emails to WikiLeaks. He acted in solidarity with the hacktivist collective Anonymous.
Legal Issues:
Hammond was charged under the Computer Fraud and Abuse Act for unauthorized access and data theft.
Outcome:
He pleaded guilty and was sentenced to 10 years in prison.
Significance:
This case illustrated the government’s crackdown on hacktivism and whistleblowing-related cyber intrusions, sparking debate about digital civil disobedience.
Summary Table:
| Case | Jurisdiction | Charges | Outcome | Significance |
|---|---|---|---|---|
| US v. Aaron Swartz | USA | CFAA violations, wire fraud | Case ended by suicide | Sparked debate on CFAA reform and digital rights |
| US v. Kevin Poulsen | USA | Wire fraud, computer fraud | Prison (5+ years) | Early major hacking prosecution |
| US v. Matthew Keys | USA | CFAA conspiracy, unauthorized access | 2 years prison | Prosecuting insider facilitation of hacks |
| US v. Gary McKinnon | USA/UK | Unauthorized access, damage | Extradition blocked | Highlighted international cybercrime jurisdiction issues |
| US v. Jeremy Hammond | USA | Unauthorized access, data theft | 10 years prison | Crackdown on hacktivism and whistleblowing |
Final Thoughts:
The Computer Fraud and Abuse Act (CFAA) has been central to many digital crime prosecutions but is controversial for its broad language.
These cases reveal tensions between cybersecurity enforcement and civil liberties, especially in digital activism.
Aaron Swartz’s case, in particular, inspired advocacy for clearer limits on prosecution and better protection for open access and ethical hacking.
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