[tptacek]

Actually, from the material in the charging document, Swartz's actions do go a ways towards demonstrating intent. He's clearly aware that JSTOR and MIT don't want him doing what he's doing, and devises an escalating series of tactics to evade their countermeasures. "Intent" is largely expressed in words like "purposefulness".

[pstuart]

I disagree -- I was referring to the "ultimate" intent of openness and transparency. Shall we focus on the intent of the Woolworth's lunch counter sit-in as a purposefulness to deprive white people of their midday repast?

Edit (appending as reply chain is too deep):

Thomas, I see you that your focus is computer security, so I can understand how you are focusing on the breach of security and not the end goal. Perhaps I'm naive, but from the posting this thread is discussing it appears that his intentions clearly are honorable.

[tptacek]

The sit-in directly targeted an unjust law; the sit in was both the means and the end. Swartz is accused of breaking laws as a means to a different end (unless he planned on dumping the database to BitTorrent, in which case the whole thing was a grand act of civil disobedience; for his sake, I hope that's not what's going on.)

In either case, I don't have to agree with the prosecution to point out one obvious way it could be structured.