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FBI Probed Programmer Who Downloaded Pacer Docs for Free Access

Posted Oct 6, 2009 10:12 AM CST
By Debra Cassens Weiss

A Stanford dropout who wrote the computer program for a mass download of documents from Pacer has learned that the FBI investigated him over the incident.

Aaron Swartz, a 22-year-old programmer, obtained the documents during a trial of free Pacer service at 17 libraries across the country, according to the Wired blog Threat Level. He visited the library at the 7th U.S. Circuit Court of Appeals, installing script that managed to download almost 20 million pages of court documents. Swartz turned the material over to open access advocate Carl Malamud, profiled as a Legal Rebel by the ABA Journal.

Last week, Swartz learned through a freedom of information request that the FBI drove by his home, but opted against a stakeout because sending a car to his quiet street in Highland Park, Ill., would be too conspicuous.

Federal agents also checked out Swartz’s Facebook page, obtained his work history from the Department of Labor, and looked for outstanding warrants and convictions, according to the blog account. The Justice Department’s Computer Crime and Intellectual Property Section later closed the case and the FBI dropped its probe.

“I think its pretty silly they go after people who use the library to try to get access to public court documents,” Swartz told the blog.

Related coverage:

ABAJournal.com: “Carl Malamud: Paper Tiger”

ABAJournal.com: “Free Pacer Sites Shut Down After Mass Download by Open Records Advocate”

Comments

1.

B. McLeod
Oct 6, 2009 10:55 AM CST

Probably everyone that goes to the library makes those FBI chaps nervous.  Free reading and all (it’s subversive).

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2.

starve out
Oct 6, 2009 11:19 AM CST

starve the federal police, Kill off the federal govt and its police state by taking away funding from the fed govt

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3.

Michael
Oct 7, 2009 10:04 AM CST

Undermining PACER actually is illegal; there’s a federal statute that prohibits it.  But, at this point, the fee structure—set up years ago when there were substantive costs for document storage—are excessive.  My understanding is that Aaron is more of an activist pushing a sunshine theory; given that trying to keep a stakeout secret (or doing one in the first place) doesn’t seem to make much sense.  He’s basically suggested before they try to prosecute him so he can test the PACER protection law.

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4.

trumpcard
Oct 7, 2009 10:48 AM CST

It would appear that the FBI affirmatively decided NOT to “go after” Swartz. He has nothing to complain about, the FBI ought to investigate trolls inserting computer code in to federal court computers - the fact that they went no further than info gathering shows that they are not being overzealous.

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