In the Swartz case, I have to say that JSTOR acted professionally and did the right thing. They saw someone stealing their data. They reached out to the authorities to help stop the theft. Swartz returned the data, and JSTOR agreed not to pursue (civil) legal action against him. It's unfortunate that the US government couldn't match JSTOR's level of reasonableness. Yes, Swartz did something illegal, but the time (~35 year prison term and $1m fine) did not fit the crime.
I can't help but be reminded of the MPAA/RIAA vs. John Doe lawsuits that were commonplace just a couple years ago. It's sad that our legal system lacks a sense of proportionality for crimes. 35 years is what someone would get for murder, rape, or dealing drugs - not for stealing property, and then giving it back. I hope that the US government takes time to reflect on how they mishandled the case. At least then something good will come of his death.
The government has yet to prove that. Many with better access to the facts than I have said that Aaron acted within the letter of the law but was being inconsiderate: like hogging all the free shrimp at a cocktail party.
I can't help but be reminded of the MPAA/RIAA vs. John Doe lawsuits that were commonplace just a couple years ago. It's sad that our legal system lacks a sense of proportionality for crimes. 35 years is what someone would get for murder, rape, or dealing drugs - not for stealing property, and then giving it back. I hope that the US government takes time to reflect on how they mishandled the case. At least then something good will come of his death.