互联网之子（2014）

这完全不会有啥问题
If he were, on the other hand, intending to create a competitive service to JSTOR,
另一方面,如果他打算创建一个数据服务，同JSTOR竞争
like, we’re going to set up our own, you know,
你知道的，建立自己访问哈佛法学评论的途径
access to the Harvard Law Review and charge, you know, money for it,
并从中收取费用
then, okay, now it seems like criminal violation
好的，现在看上去就像了刑事犯罪
because you are commercially trying to exploit this material,
因为这些数据在商业上应用
but it’s kind of crazy to imagine that that was what he was doing.
但是以为这会是他做的就有点疯狂了
So, but then there’s the middle case: well, what if he was just trying to liberate it for all of the developing world?
所以，之后有个中间案例：如果他只是试图把数据库释放给所有的发展中的世界呢?
But depending on what he was doing, it creates a very different character
但是他所做的事，创造了法律考虑这种事的新的特征
to how the law should be thinking about it. The government was prosecuting him
政♥府♥起诉了他
as if this was like a commercial criminal violation,
仿佛这是商业违法犯罪
like stealing a whole bunch of credit card records, that it was that kind of crime.
和清除一大堆刷♥卡♥记录一样，属于此类犯罪
I don’t know what he was going to do with that database,
我不知道他要怎么处理数据库
but I heard from a friend of his that Aaron had told him
但是从他的朋友那里得知
that he was going to analyze the data for evidence of corporate funding of climate change research
亚伦打算分♥析♥数据库，以找到证据表明对气候变化研究的投资
that led to biased results, and I totally believe that.
导致了有偏结果，我完全相信这点
I was just told that Steve wanted to talk to me,
我只是说出Steve想和我说的话
and I thought maybe this was a way I could get out of this,
我以为这是我离开的途径
just exit the situation,
摆脱这样的处境的方式
and I didn’t want to live in fear of having my computer seized.
我不想在电脑被查封的恐惧中活着
I didn’t want to live in fear of having to go to jail on a contempt of court charge
我不想在因为藐视法♥院♥指控而担心坐牢的恐惧中活着
if they tried to compel me to decrypt my computer.
如果他们想设法让我来解密我的电脑
When they came to me and said, “Steve wants to talk to you,”
当他们过来告诉我：Steve想跟你谈谈
that seemed reasonable.
这在合理的
They offered Norton what is known as a “Queen For A Day” letter or a proffer.
他们把被称为“一日女王”的信件交给Norton
It allowed prosecutors to ask questions about Aaron’s case.
它能让检察官询问关于亚伦案子的问题
Norton would be given immunity from prosecution herself,
Norton因为自己在会议上提供的信息
for any information she revealed during the meeting.
获得了检控豁免权
I didn’t like it. I told my lawyers repeatedly
我我并不喜欢这样，我再三告诉我的律师
that I didn’t…this seemed fishy, I didn’t like this, I didn’t want immunity,
我没有…这很可疑，我不喜欢这样子，我不想被豁免
I didn’t need immunity, I hadn’t done anything,
我不需要豁免权，我什么都没做
but they were really, really stringent that there was–
但是他们非常非常严厉地……
they did not want me meeting the prosecutor without immunity.
他们不希望我在没有豁免权的情况下去见检察官
[Interviewer] But just to be clear, this is a “Queen For A Day” deal, a proffer.
要明确的是，这是“一日女王”的建议信
Right, a proffer letter.
是的，一封建议信
-In which you basically handed information to them in exchange for protection from prosecution.
你给他们信息，然后交换到起诉方的保护
-So, it wasn’t handing information over. It was–at least that’s not how I saw it–
所以，这并不是移交信息。它是——至少不是我看到的那样
it was just having a discussion, having an interview with them.
只是个讨论，对他们的一个采访
-Well, they’re asking you questions…
-They’re asking me questions.
—好吧，他们问你问题……—他们是问我问题
-and they can ask about whatever they want…
-Right.
—他们可以问任何想问的。 —是的
– and whatever they learn…
-I really…
—任何他们获悉的 —我真的……
-They can’t have you prosecuted.
-Right, and I repeatedly tried to go in naked.
—他们没法让你被起诉 —是的，我再三说明自己的清白
I repeatedly–I repeatedly tried to turn down the proffer letter.
我再三拒绝建议信
I was ill. I was being pressured by my lawyers.
我病了。我的律师给我施加压力
I was confused. I was not doing well by this point.
我很混乱。在这之前我都没做好
I was depressed, and I was scared, and I didn’t understand the situation I was in.
我很沮伤，很害怕，我还不清楚我所处的环境
I had no idea why I was in this situation.
我不知道为什么陷入这样的境地
I hadn’t done anything interesting, much less wrong.
我没做什么有趣的事，更不用说错误的事了
We went out of our minds.
我们失去了理智
Aaron was clearly very distraught about it. We were very distraught about it.
亚伦对此心烦意乱，我们也心烦意乱
Aaron’s attorneys were very distraught about it.
亚伦的律师对此也很抓狂
We tried to get Quinn to change attorneys.
我们试图让Quinn去换律师
I was very unused to being in a room with large men, well-armed,
我非常不习惯同全副武装的彪形大汉共处一室
that are continually telling me I’m lying, and that I must have done something.
他们不停地说我在撒谎，说我必须做点什么
I told them that this thing that they were prosecuting
我告诉他们,他们正在起诉的
wasn’t a crime.
不是犯罪活动
I told them that they were on the wrong side of history.
我告诉他们，他们站在历史错误的一边
I used that phrase. I said, “You’re on the wrong side of history.”
我就用这句，我说，你正站在历史错误的一边
And they looked bored. They didn’t even look angry. They just looked bored,
他们看起来很无聊。甚至看上去没生气。他们只是无聊而已
and it began to occur to me that we weren’t having the same conversation.
我开始一室到我们不在同一维度交谈
I mean, I told them plenty of things about, you know, why people would download journal articles,
我的意思是，我告诉他们很多关于人们为什么要下载期刊文章的事
and eventually–I don’t remember what was around it–
最终，我不记得周边有啥
I mentioned that he’d done this blog post, the “Guerilla Open Access Manifesto”.
我提到过他写了篇博客帖子，叫“游击开放宣言”
This is the “Guerrilla Open Access Manifesto”,
游击开放宣言
supposedly written in July, 2008 in Italy.
可能是2008年7月在意大利写的
“Information is power. But like all power, there are those who want to keep it for themselves.”
信息就是力量。但是就像所有的力量，总有人想掌控它为自己所用
“The world’s entire scientific and cultural heritage,
published over centuries in books and journals,
世界整个的科学和文化遗产，几个世纪来以书籍和期刊的形式出版
is increasingly being digitized and locked up by a handful of private corporations.”
现在则被少数私营机构数字化和锁定
“Meanwhile, those who have been locked out are not standing idly by.”
同时，那些被锁到外面的没有袖手旁观
“You have been sneaking through holes and climbing over fences,
你已经偷偷穿过缝隙，爬上了栅栏
liberating the information locked up by the publishers and sharing them with your friends.”
释放出由出版商锁定的信息并且分享x7f给你的朋友们
“But all of this action goes on in the dark, hidden underground.”
但全部行动都在地底下偷偷进行
“It’s called stealing or piracy, as if sharing a wealth of knowledge were
这叫偷盗或者盗版，分享大量知识好像就是
“the moral equivalent of plundering a ship and murdering its crew.”
“在道德上等同于掠夺一艘船还把船员谋杀了”
“But sharing isn’t immoral — it’s a moral imperative.”
但分享并非不道德 — 它是一种道义责任
“Only those blinded by greed would refuse to let a friend make a copy.”
只有那些被贪婪蒙蔽了双眼的人才会拒绝一位朋友去拷贝一份知识的财富
“There’s no justice in following unjust laws.”
不公平的法律没有公正可言
“It’s time to come into the light and, in a grand tradition of civil disobedience,
是时候公开化了，在非暴♥力♥反抗的伟大传统下
declare our opposition to this private theft of public culture.”
宣布对公众文化的私自盗窃的反对
The Manifesto itself was allegedly written by four different people, and also edited by Norton.
《开放访问游击队宣言》本来由四个人撰写、Norton编辑
But it was Swartz who had signed his name to it.
但在上面签名的是特瓦茨
When it’s over, I go immediately to Aaron and tell him everything I can remember about it,
当它结束时，我马上去找亚伦，并告诉他我所记得的关于宣言的一切
and he gets very angry.
他很生气
The things that I’d done shouldn’t have added up that way.
我所做的事不能就这样
I hadn’t done anything wrong, and everything had gone wrong,
我什么都没做错，但一切都变成错的了
but I was never…
我也从未……
I’m still angry.
我仍然在气头上
I’m still angry that you could try your best with these people to do the right thing,
我愤怒的是你尽你最大的能力和那些人去做正确的事儿
and they’d turn everything against you.
但最后他们让事情都背道而驰
And they will hurt you with anything they can.
他们将会用尽手头的一切来伤害你
And in that moment, I regret that I said what I did.
这时候，我很后悔我说出了自己做过什么
But my much larger regret is that we have settled for this.
但是更悔恨的是我们很满足于这样做
That we are okay with this.
我们居然接受它
That we are okay with the justice system,
同意这样的司法体系
a system that tries to game people into little traps so they can ruin our lives.
一个试图把人们骗进陷阱里以草菅人命的体系
So yeah, I wish I hadn’t said that.
所以，我希望自己没有说过那些话
But I’m much, much angrier that this is where I am.
让我更更愤怒的我所处的立场
That this is what we, as a people, think is okay.
这就是我们作为公民所同意的
They used every method that I think they could think of
他们用我所能想到的各种方式
to get her to provide information which would be unhelpful to Aaron,
让她提供不利于亚伦
and helpful to the prosecution of Aaron,
但有助于检举他的信息
but I don’t think she had information that was helpful to the government.
但我并不认为她提供的信息对政♥府♥有利
Months go by, as Swartz’s friends and family await a looming indictment.
几个月过去了，斯沃茨的家人和朋友等着即将来临的检举
In the meantime, Swartz was becoming a go-to expert on a series of internet issues.
同时，特瓦茨变成了互联网顶级专家
…a question to you then: Do you think that the internet is something
接下来一个问题：你认为互联网
that should be considered a human right, and something that the government cannot take away from you?
应该被看做人类不可被政♥府♥剥夺的一项基本权利么？
Yes, definitely, I mean this notion that national security is an excuse to shut down the internet,
当然，我认为所谓国♥家♥安♥全♥纯粹是关闭互联网的借口
that’s exactly what we heard in Egypt and Syria and all these other countries,
这确实是我们在其他国家听到的，像在埃及、叙利亚
and so, yeah, it’s true, sites like WikiLeaks are going to be putting up some embarassing material
所以，像维基解密网站就会公开美国政♥府♥做的一些荒唐事
about what the U.S. government does, and people are going to be organizing to protest about it,
人们也开始组织起来去抗♥议♥
and try and change their government. You know, and that’s a good thing,
试图改变他们的政♥府♥。你知道的，这是件好事
that’s what all these First Amendment Rights of free expression, of freedom of association are all about,
这是第一修正案赋予的表达自♥由♥、结社自♥由♥的权利，
and so the notion that we should try and shut those down I think, just goes against very basic American principles.
所以我觉得我们不应该认为这违背了美国基本原则
A principle, I think, is one that our Founding Fathers would have understood.
这是国父们早已明白的一项原则
If the internet had been around back then,
如果在那之后的互联网
instead of putting “post offices” in the Constitution, they would have put “ISPs”.
不把邮局放在宪法里，就要把网络服务提供者给放进去
[RT interviewer] Well, it’s definitely interesting to see how far…
这绝对有意思，看离那样有多远
Swartz meets activist Taren Stinebrickner-Kauffman, and the two begin to date.
斯沃茨见到了激进主义者Taren,之后两个人就开始约会了
[Aaron] We need a massive global public outcry.
我们需要来次公开的全球大规模的抗♥议♥
[Taren] If there’s no massive global public outcry, it won’t create any change.
如果没有抗♥议♥的话，就不会有什么改变
-You know, four people in this city should cause a massive global public outcry.
你知道的，他们四个人造成了一个全球大规模的抗♥议♥
-You know, we need a petition signer.
我们需要一个请♥愿♥书签署者
Without telling her specifics, he warned her he was involved in something
他没有告诉Taron详情，只说他卷入了什么事儿当中
he called simply “The Bad Thing”.
简单地说了句“不好的事！”
And I had sort of crazy theories, like, that he was having an affair with Elizabeth Warren or something.
我的推测有点疯狂，以为他跟伊丽莎白·沃伦或者另外谁有染
I speculated both Hillary Clinton and Elizabeth Warren, actually, but…
我猜测他和Hillary Clinton 、 Elizabeth Warren都有染，但事实上……
So, sometime in probably late July, Aaron called me,
大概在七月下旬，亚伦打电♥话♥给我
and I happened to pick up, and he said, “The Bad Thing” might be in the news tomorrow.
我刚好接到了，他说：“也许就是明天的新闻