[sp332]

Well, a physical break-in would be a matter for the local police, maybe state. Federal prosecutors don't get involved with those cases unless it's the Pentagon or something.

This is only at the federal level because the "unauthorized access" crossed state lines. (Aaron was at MIT when he was knocking over JSTOR servers, probably in NYC.) So the prosecutor is only going to worry about that part.

[tptacek]

I don't get why I'm expected to care about whether local or federal employees take an interest in the event. The state criminal court system isn't warm and fuzzy either.

[sp332]

He said "way to ignore the physical break-in" and I'm pointing out that federal prosecutors (almost) always ignore physical break-ins. It's not a federal crime.

[tptacek]

I take your point, but I'd like to point out that it's a side track. It gives the impression that you don't want to talk about whether a crime happened, and instead focus on the purported injustice of federal involvement. Well, what's unjust about that? That the DoJ and federal court system is more severe than Massachusetts?

[sciurus]

It's not a side track to point out that he should be charged with one set of crimes by the state government, but that he is instead being charged with a different set of crimes (Wire Fraud, Computer Fraud, Unlawfully Obtaining Information from a Protected Computer, Recklessly Damaging a Protected Computer) by the federal government.

[tptacek]

You think MA doesn't have computer crime statutes? The subtext to this thread seems to be "if they charged him locally they'd only be able to get him on trespassing". Uh, no.

[timsally]

There is a difference with charging him locally though (in my mind). The attorneys that would prosecute Aaron in MA were hired by a left government accountable to a fairly liberal population. Those prosecuting Schwartz federally were hired by a government that leans slightly to the right. I honestly think that makes a difference in the outcome of this particular case, given the nature of the crimes. Also when we consider Aaron's personal history, I think it's safe to say he has fairly influential friends in MA and possibly some enemies on the federal level.

All of this is pure conjecture and speculation of course. But I would be lying if I said I wouldn't be more comfortable about the situation if Aaron was being tried by the MA government.

[sp332]

Again, the state would only have bothered to get involved if MIT had bothered to press charges, which apparently they didn't. And all the stuff you mentioned happened across state lines, so if the case for those things is to be made at all, it should be made in federal court.

[_delirium]

Well, he probably wouldn't be charged with the state crime in most states, if MIT's claim that they aren't supporting the prosecution is accurate--- it's very rare for these kinds of state-law charges involving property (trespassing, breaking&entering, etc.) to get prosecuted if the victim isn't interested in pressing charges. Federal prosecutors seem to take a more freelance approach to charging.

[sp332]

Hm, sorry if I gave that impression. Anyway, I'm more curious about why the feds are continuing with the case after everyone involved seems to have dropped it. Should be an interesting case to watch.

[burgerbrain]

It is, at the very least, more expensive.