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Aaron Swartz, the Internet activist who committed suicide while facing the possibility of a felony criminal conviction, was prosecuted under a law that was never intended to cover what he was accused of doing.

The Computer Fraud and Abuse Act of 1984 dealt only with bank and defense-related intrusions. But over the years, thanks to constant pressure from the U.S. Department of Justice, the scope of the law slowly crept outward.

So by the time Swartz was arrested in 2011, the tough federal statute meant to protect our national defense secrets covered everything from Bradley Manning's offenses to … Read more

U.S. Attorney General Eric Holder defended the criminal case against the late activist Aaron Swartz today, saying the penalties sought represented a "good use of prosecutorial discretion."

In an appearance before the Senate Judiciary Committee, Holder denied that Justice Department prosecutors engaged in any wrongdoing, arguing that Swartz could have avoided a lengthy prison sentence if he had simply accepted a guilty plea of up to six months.

Swartz committed suicide on January 11 in New York. His family and friends have blamed prosecutors for filing 13 felony charges -- meaning years or decades in prison if … Read more

Carmen Ortiz, the embattled U.S. attorney who charged the late activist Aaron Swartz with multiple felonies, has responded to critics by saying complaints about any prosecutorial overzealousness are "inaccurate" and "unfair."

Ortiz, 57, said in a radio interview that a wave of criticism -- which includes a congressional investigation, a court Web site hack, and a petition demanding her removal from office -- is off-base and uninformed.

"I have heard some of the claims in terms of being overzealous, or lack of supervision" of prosecutors in the office, Ortiz, who was appointed by … Read more

The suicide last week of Internet activist Aaron Swartz has led a Democratic congresswoman from Silicon Valley to call for reforms to computer fraud laws linked to his death.

Swartz, who championed open access rights to documents on the Internet, was arrested in July 2011 and accused of stealing 4 million documents from MIT and Jstor, an archive of scientific journals and academic papers.

He had faced $4 million in fines and more than 50 years in prison if convicted. Critics of the prosecutors in the case accused the feds of unfairly trying to make an example out of the … Read more

The U.S. Department of Justice is defending computer hacking laws that make it a crime to use a fake name on Facebook or lie about your weight in an online dating profile at a site like Match.com.

In a statement obtained by CNET that's scheduled to be delivered tomorrow, the Justice Department argues that it must be able to prosecute violations of Web sites' often-ignored, always-unintelligible "terms of service" policies.

The law must allow "prosecutions based upon a violation of terms of service or similar contractual agreement with an employer or provider," Richard … Read more

The Electronic Frontier Foundation is opposing the prosecution of a Missouri mom who allegedly created a fake MySpace account to harass a teenage neighbor, saying the prosecutors' misuse of a federal law that targets computer fraud could turn millions of Americans into criminals.

The civil liberties organization filed an amicus brief Friday (click for PDF), urging a Los Angeles federal judge to dismiss the indictment of Lori Drew. She was charged in May with felony conspiracy and three counts of intentionally accessing a protected computer without authorization when she violated MySpace's terms of service.

The EFF, a prominent voice … Read more