Do you want me to tell you, or do you want to read about it in the news?”
你想让我亲口告诉你,还是你自己去看新闻?”
And I said, “Well, I want you to tell me.”
我说:“好吧,我想让你告诉我。”
Aaron said, “Well, I’ve been–I’ve been arrested
亚伦说:“我,我被捕了!
for downloading too many academic journal articles, and they want to make an example out of me.”
因为下载了太多学术论文,他们想惩一儆百。
And I was like, “That’s it? That’s the big fuss? Really? It just doesn’t sound like a very big deal.”
我当时在想,“就这事?这有什么麻烦的?听起来根本就不像是大事。”
On July 14, 2011, federal prosecutors indict Swartz on four felony counts.
2011年7月14日,联邦检察官指控他四项重罪。
He gets indicted on the same day that two people in England who are part of LulzSec get arrested,
在他被指控的同一天,另外两名黑客组织LulzSec的成员在英国北部
and a few other real hackers. And Aaron is just someone who kind of looks like a hacker,
还有些真正的黑客也被捕。亚伦只不过有点像黑客而已
enough that they can, you know, put his head on a stake and put it on the gates.
向你们知道的,他们把亚伦的头抵在邢柱上并让邢柱靠在门上
Aaron went to surrender, and they arrested him.
亚伦投降了,他们就把他逮捕了
They then strip searched him,
还搜他身
took away his shoelaces, took away his belt, and left him in solitary confinement.
把他的鞋带和皮带扯走,把他单独监禁
The District of Massachusetts United States Attorney’s office released a statement
马萨诸塞州检察官办公室联合区发表声明
saying, “Swartz faces up to 35 years in prison,
他将受到最高35年监禁
to be followed by three years of supervised release,
和三年的监督释放
restitution, forfeiture and a fine of up to one million dollars.”
归还数据,财产没收以及100万美元罚款
He is released on one hundred thousand dollars bail.
亚伦在支付10万美元保释金后被释放
The same day, the primary victim in the case, JSTOR,
同一天,案子中的主要受害者JSTOR,
formally drops all charges against Swartz, and declines to pursue the case.
撤销了对他的起诉,停止追究此案
JSTOR–they weren’t our friends; they weren’t helpful or friendly to us,
JSTOR不是我们的朋友,他们对我们一点都不友好
but they also were just kind of like, “We’re not part of this.”
有点我们跟他们不是一伙的意味
JSTOR, and their parent company, ITHAKA, also sidestepped requests to talk with this film.
JSTOR和它的母公♥司♥ITHAKA也拒绝谈及此事
But at the time, they released a statement saying,
但他们同时发布声明
“It was the government’s decision whether to prosecute, not JSTOR’s.”
起诉特瓦茨是政♥府♥的决定
And so it’s our belief that, with that, the case will be over.
因此,我们以为这案子就这么结了
That we should be able to get Steve Heymann to drop the case, or settle it in some rational way.
我们可以让Steve Heymann放弃这案子,或者以更合理的方式解决
And the government refused.
但政♥府♥拒绝这样子
[Narrator] Why?
为什么?
Well, because I think they wanted to make an example out of Aaron,
我认为他们想拿亚伦开刀。
and they said they wanted–the reason why they wouldn’t
他们说就是想这样子,所以他们不撤诉
move on requiring a felony conviction and jail time
接下来就是重罪判决、入狱
was that they wanted to use this case as a case for deterrence. They told us that.
他们说想惩一儆百
[Interviewer] They told you that?
– Yes.
他们这么告诉你的?——是的
-This was going to be an example?
-Yes.
惩一儆百——是的
-He was going to be made an example?
– Yes.
他就是那个被惩的人——是的
Steve Heymann said that.
Steve Heymann是这么说的
Deterring who? There’s other people out there running around logging onto JSTOR,
威慑谁?还有其他人四处登录JSTOR
and downloading the articles to make a political statement? I mean, who are they deterring?
下载文章以表达政♥治♥立场么?我的意思是,政♥府♥向威慑哪些人?
It would be easier to understand the Obama administration’s
这足以看出奥巴马政♥府♥
posture of supposedly being for deterrence
要威慑其他人的想法
if this was an administration that, for instance,
比方说,对一个行政机关来说
prosecuted arguably the biggest economic crime
起诉可以说是最大的经济犯罪
that this country has seen in the last hundred years.
从过去的一百年来看
The crimes that were committed that led to the financial crisis on Wall Street.
这种罪行导致了华尔街的金融风暴
When you start deploying
当你开始实施
the non-controversial idea of deterrence
毫无争议的威慑其他人的想法
only selectively
只要有选择性
you stop making a dispassionate analysis of law-breaking
你停止对违法进行冷静的分♥析♥
and you started deciding to deploy law enforcement resources
决定运用执法资源
specifically on the basis of political ideology,
在政♥治♥意识形态的基础上
and that’s not just undemocratic, it’s supposed to be un-American.
这并非仅仅是不民♥主♥,而是反美的
Prosecutor Stephen Heymann later reportedly told MIT’s outside counsel
据后来的报道,起诉人 Stephen Heymann告诉过麻省理工学院的外聘律师
that the straw that broke the camel’s back
失败是因为
was a press release sent out by an organization Swartz founded called “Demand Progress”.
斯沃茨创立的“求进会”发送的一篇通讯稿
According to the MIT account, Heymann reacted to the short statement of support,
麻省理工学院账户显示,Heymann对此回应了简短的支持声明
calling it a “wild internet campaign” and a “foolish move”
称它为“疯狂的互联网运动”,“愚蠢的举动”
that moved the case from a human one-on-one level to an institutional level.
把人类一对一的案子扩大到制度层面的案子
That was a poisonous combination: a prosecutor who didn’t want to lose face,
这是个有害的结合体:不想丢面子、
who had a political career in the offing, maybe, and didn’t want to have this come back and haunt them.
将有个政♥治♥生涯,并且,可能不想让这个案子再来困扰他的检察官
You spend how many tax dollars arresting someone for taking too many books out of the library,
你花了纳说人多少钱去逮捕一个因为从图书馆拿了太多书的人
and then got your ass handed to you in court? No way!
然后在法庭上耀武扬威?——想这样子?没门
I then moved to try to put as much pressure on MIT in various ways to get them
我想尽各种办法施压给麻省理工学院去
to go to the government, and request the government to stop the prosecution.
制止政♥府♥对亚伦的起诉
[Interviewer] What was MIT’s reaction to that?
麻省理工学院怎么回应的?
There doesn’t seem to be any reaction from MIT at that point.
在那个时候,他们没什么回应
MIT doesn’t defend Aaron
他们不为亚伦辩护
which, to people inside of the MIT community, seems outrageous,
在麻省理工学院社区里的人看来,这很残暴
because MIT is a place that encourages hacking in the biggest sense of the word.
因为麻省理工学院是一个鼓励黑客行为的地方
At MIT, the idea of going and running around on roofs and tunnels that you weren’t allowed to be in
在麻省理工,进入不被允许进入的区域、权限中
was not only a rite of passage, it was part of the MIT tour,
不仅仅是司空见惯的,甚至已经是组成麻省理工的一部分
and lockpicking was a winter course at MIT.
“撬锁”也是麻省的一门冬季课程
They had the moral authority to stop it in its tracks.
他们有阻止起诉的权威
MIT never stood up and took a position of saying to the Feds, “Don’t do this.”
但麻省自始至终都没站出来对Feds说:“别这样做!”
“We don’t want you to do this. You’re overreacting. This is too strong.”
“我们不想你这么做,你反应过激啦!”
…that I’m aware of.
这是我所想到的……
They acted kind of like any corporation would. They sort of–they helped the government,
他们像一些市政当局所做的那样,一定程度上在帮政♥府♥
they didn’t help us, unless they felt they had to, and they never tried to stop it.
他们不帮我们,除非他们觉得应该那样做,他们从来就没有试图去阻止
MIT declined repeated requests to comment,
他们拒绝再次置评
but they later released a report saying they attempted to maintain a position of neutrality,
但后来又在报道中说想保持中立
and believed Heymann and the U.S. Attorney’s office did not care what MIT thought or said about the case.
说是Heymann和美国检察官办公室不会在意麻省对于这个案子的看法
MIT’s behaviour seemed really at odds with the MIT ethos.
这种行为与麻省的风格完全不符
You could argue that MIT turned a blind eye, and that was okay for them to do,
你可以认为麻省视而不见或者他们这样做还过得去
but taking that stance–taking that neutral stance, in and of itself–was taking a pro-prosecutor stance.
但是就其本身而言,采取中立的立场无疑是赞成起诉
If you look at Steve Jobs and Steve Wozniak,
再看斯蒂夫·乔布斯与斯蒂夫·沃兹尼亚克
they started by selling a Blue Box, which was a thing designed to defraud the phone company.
他们把诈骗电♥话♥公♥司♥的非法设备(蓝盒子)拿来卖♥♥钱,
If you look at Bill Gates and Paul Allen,
再看看 比尔·盖茨 和 保罗·艾伦
they initially started their business by using computer time at Harvard,
他们最初通过利用哈佛大学计算机使用时间创业
which was pretty clearly against the rules.
很明显,这些都违反了规定
The difference between Aaron and the people I just mentioned
他们和亚伦不同的是
is that Aaron wanted to make the world a better place, he didn’t just want to make money.
亚伦想让世界变得更好,而不是赚钱
Swartz continues to be outspoken on a variety of internet issues.
斯沃茨继续在各种互联网话题上直言不讳
You know, the reason the internet works is because of the competitive marketplace of ideas,
你知道的互联网得以运营是因为自♥由♥竞争
and what we need to be focusing on is getting more information about our government, more accessibility,
我们要关注的是更多的政♥府♥信息,更高的可访问性
more discussion, more debate, but instead it seems like what congress is focused on is shutting things down.
更多的讨论,而不是像国会那样注重关闭
Aaron thought he could change the world just by explaining the world very clearly to people.
亚伦他可以向人们解释这个世界然后改变世界
[RT interviewer] Flame can literally control your computer, and make it spy on you.
Flame 能控制了你的计算机,让它来监视你
Welcome, Aaron. Good to have you back on the show here.
欢迎亚伦再次回到节目中
You know, just like spies used to in olden days, put microphones and tap what people were saying,
你知道的,就像过去间谍用传声器窃听人们说了什么
now they’re using computers to do the same things.
现在他们用电脑作着同样的事
[Narrator] Swartz’s political activity continues,
(旁白)斯沃茨的政♥治♥活动仍在继续
his attention turning to a bill moving through Congress designed to curb online piracy.
他的注意力转向国会正在商讨的一项法案,旨在阻止网络盗版
It was called “SOPA”.
这项法案被称作SOPA(Stop Online Piracy Act)《禁止网络盗版法案》
Activists like Peter Eckersley saw it as an enormous overreach,
像Peter Eckersley这样的积极分子认为它严重越界了
threatening the technical integrity of the Internet itself.
威胁了互联网本身的技术完整性
[Ekersley] And one of the first things I did was to call Aaron.
[Ekersley]我首先做的一件事就是打电♥话♥给亚伦
And I said, “Can we do a big online campaign against this?”
然后我说,“我们能做一个在线抗♥议♥活动吗?”
“This isn’t a bill about copyright.”
“这不是一个有关版权的法案”
“It’s not?”
“不是吗?”
“No,” he said, “it’s a bill about the freedom to connect.”
“不是,”他说道“这个法案关乎连接的自♥由♥。”
Now I was listening.
我被他的话吸引住了
And he thought about it for a while, and then said, “Yes.”
他想了一会,说道“是的。”
And he went and founded Demand Progress.
他成立了“求进会”
Demand Progress is an online activism organization, we’ve got around a million and a half members now,
“求进会”是一个在线激进组织。虽然2010年秋才创建
but started in the fall of 2010.
截至目前我们已经招募到了150万成员
Aaron was one of the most prominent people in a community of people
亚伦是这个团体的领军者之一
who helped lead organizing around social justice issues at the federal level in this country.
他们在我国的联邦政♥府♥层面进行努力,帮助领导组织社会正义事务
SOPA was the bill that was intended to curtail online piracy of music and movies,
《禁止网络盗版法案》(SOPA)是旨在减少音乐和电影的网络盗版的法案
but what it did was basically take a sledgehammer to a problem that needed a scalpel.
但它却在一个需要做小手术的问题上动了大锤
If passed, the law would allow a company to cut off finances to entire websites without due process,
一旦通过,法律将允许公♥司♥不经过正当程序,切断对整个网站的财政支持
or even to force Google to exclude their links.
甚至强制谷歌♥去除它们的链接
All they needed was a single claim of copyright infringement.
他们需要的仅仅是一个侵犯版权声明
It pitted the titans of traditional media against a new and now far more sophisticated remix culture.
它(《禁止网络盗版法案》)让传统媒体巨头与比一种新的、复杂得多的合成文化相抗衡
It makes everyone who runs a website into a policeman,
它把每一个运行网站的人变成警♥察♥
and if they don’t do their job of making sure that nobody on their site uses it for anything
甚至如果他们没能做好自己的工作,即确保没有人在网站上做违法的事
that’s even potentially illegal, the entire site can get shut down without even so much as a trial.
都可以构成一种潜在的违法行为。整个网站甚至可以不经审理就被关闭
This was over the top, I mean, this was a catastrophe.
这很过分,我是说,这是巨大的灾难
This bill poses a serious threat to speech and civil liberties for all who use the internet.
这个法案威胁到了所有网络使用者的言论和公民自♥由♥
There were only a handful of us who said, “Look, we’re not for piracy either.”
我们之中只有少数人说,“看,我们也不是为了盗版.”
but it makes no sense to destroy the architecture of the internet,