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0 pointsSymmetry13y ago0 comments

I very much agree here. The problem isn't that there's a law against accessing a computer system without authorization or how it's defined. The problem is that the law treats unauthorized access to a computer system so much more harshly than the equivalent trespasses on physical property. If he'd been charged with a misdemeanor resulting in "a fine of not more than $100 and up to 30 days in jail" I could see that as being a just law. Decades in prison and a felony record? Not so much.

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danielweber13y ago· 3 in thread

It wasn't just that he made unauthorized access to the network; it was so that he could download millions documents that JSTOR sells a subscription to for tens of thousands of dollars a year.

You can't ignore that. If he had trespassed into JSTOR's offices to grab the same information, it wouldn't be a $100 fine.

(Ob: I'm not saying justice would have been Aaron sitting in jail for 7 years.)

SymmetryOP13y ago

Yes, but the current civil remedies we have in copyright and trade secret laws would work fine in this case.

ricardobeat13y ago

He only did this because the majority of them are publicly funded and should be available for free. The only reason they are not available to the public is JSTOR's grasp on journals and monopoly over archiving.

Maybe we should be blaming the journals for being greedy instead, but the point stands.

danielweber13y ago

That's something that would need to be decided in court. You don't get to declare someone else's property to be worthless when you are taking it.

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