What more needs to be done here? Put aside the aiding and abetting and the criminal forfeiture claims; those require some other crime be proven before they can be applied. The 18 U. Section a 4 was meant to prosecute individuals who stole information for the purpose of fraud. That claim is likely going to lose. Wall Street On Demand, Inc. Lugo , F. The indictment says the Swartz used throw-away email addresses, automated download scripts, IP spoofing, and MAC-address spoofing.
There is considerable uncertainty in this area of the law. Many wonder about the quick conversion of terms-of-service into criminal prosecution. As of September when I last updated the legal research here , the Fourth Circuit had joined the Ninth Circuit in holding that violating terms of service does not constitute a crime under the CFAA.
In contrast, the Fifth, Seventh and Eleventh Circuits have held that it can be a crime. Please log in. For assistance, contact your corporate administrator. Arrow Created with Sketch.
Calendar Created with Sketch. Path Created with Sketch. Shape Created with Sketch. Share it! Share this:. This page is archived , and is no longer publicly editable. Got a correction? Despite his own work on open-access issues in the United States, Swartz hadn't quite grasped the way students and scholars abroad could be so deprived of information. Swartz became animated as he heard from the people in the vanguard of this struggle.
But what about the researcher in Accra? Dar es Salaam? It genuinely opened his eyes. For their part, the EIFL officials and their fellow librarians and activists were exceedingly circumspect when it came to obeying the law. When you're young, you're an idealist.
You're more ready to be radical then when you get to be my age. Swartz tended to juggle half-a-dozen projects at any one time, and so his interest in the journal cause waxed and waned over the next few years.
But when it waxed Swartz never found it hard to summon the passion he'd worked up in Italy. He corresponded frequently with friends he had made at the retreat and was familiar with many of the founding documents of the international open access movement.
There was, for example, the Budapest Open Access Initiative , whose declaration argued that: "Removing access barriers to [scholarly journals] will accelerate research, enrich education, share the learning of the rich with the poor … and lay the foundation for uniting humanity in a common intellectual conversation and quest for knowledge.
In June , a Swedish-born scholar and activist named Lisbet Rausing published a widely-circulated essay in the journal openDemocracy arguing for open access to scholarly articles. She specifically mentioned JSTOR: "It is equally problematic that JSTOR, the splendid database of most twentieth-century scholarly articles in the social sciences and humanities, is off-limits for the public," Rausing wrote. She elaborated:. There you find the evidence-based, source-critical foundations of sociology, anthropology, geography, history, philosophy, classics, Oriental studies, theology, musicology, history of science and so on.
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