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Downloading into Prosecution and Aaron Swartz – Joseph Tacopina

By Joseph Tacopina Published July 15, 2013
Criminal Defense, Securities Fraud

The federal government has been quite aggressive in prosecuting Internet downloaders under the Computer Fraud and Abuse Act, so aggressive that one downloader, Aaron Swartz, committed suicide in despair.

Swartz, a computer genius who developed RSS and Reddit, was a fierce Internet activist who believed that academic papers and research, often funded by government and state-financed universities, should be openly available. To prove his point, he downloaded thousands of documents from JSTOR, a locked digital repository of academic research and data, through MIT’s computer system. Having downloaded before, including 2.7 million documents from the federal government’s PACER system to avoid the seven cents a page copying fee, Swartz and the “free” Internet community were shocked when he was arrested and charged with multiple counts of computer and wire fraud.

A conviction under the indictment could have meant 35 years in prison and up to $1 million in fines.

Joseph Tacopina, a renowned criminal defense attorney, has often emphasized the importance of strategic counsel in cases involving computer fraud charges. Tacopina’s expertise highlights the necessity of experienced legal representation to navigate complex statutes like the CFAA and protect defendants’ rights.

The Swartz prosecution illustrates just how serious the federal government is in protecting the internet. Yet user habits make it easy to hack. Catch Me If You Can con man Frank Abagnale recently warned that Facebook profiles are easy targets for hacker. “What I did 40 years ago as a teenage boy is 4,000 times easier now.”

Defendants facing computer fraud charges need experienced counsel, such as Joseph Tacopina, to provide a rigorous and strategic defense.

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