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ohreilly

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When you impact JSTOR and the entire MIT network the way he did, it's hardly "in secret". Something like a stream of one million continuous JSTOR downloads 24/7, significantly impacting the entire MIT network, is going to go unnoticed?

His JSTOR use was heavy enough to draw an IP ban. Yet he continued. I fail to believe he was really trying to hide - he knew his actions would be noticed. Network admins would see what was going on. And even in the wiring closet, putting a bike helmet over his face? That's not exactly covert.

JSTOR would know something was up - the IP ban was probably automatic but still I would guess the folks administering their servers would have noticed a huge spike in activity from MIT.

MIT would know something was up. Their network admins are not asleep at the wheel.

Seems to me, it was no secret what he was doing. He did not try very hard to conceal it. (Or maybe you think he was supposed to hold a press conference or at least call the TV news first?) With the way he went about this, it's no wonder he got caught.

Moreover, he already knew he had an FBI file from the PACER incident. So it's not like he couldn't imagine the FBI getting involved.

Then again, I could be wrong. Maybe he really is that stupid.

You are posting this comment on a forum that is run by a business co-founded by someone who was convicted under the same statute as Swartz is accused of violating. You knew that, right? Many years ago, he "broke the law" and was convicted under the Computer Fraud and Abuse Act. But he served no jail time. I guess the situation was different in many ways. Tell us how. Or maybe it was not so different. What do you think?

http://en.wikipedia.org/wiki/Robert_Tappan_Morris

My guess is Swartz will end up dropping his rebellious attitude and will apologise for what he did.