Monday, January 14, 2013

Aaron Swartz case had been given to the secret service

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
________________________
)
UNITED STATES )
)
v. ) No. 11-10260-NMG
)
AARON SWARTZ )
________________________)
MOTION TO SUPPRESS ALL FRUITS OF INTERCEPTIONS AND DISCLOSURES OF
ELECTRONIC COMMUNICATIONS AND OTHER INFORMATION BY MIT
PERSONNEL IN VIOLATION OF THE FOURTH AMENDMENT AND THE STORED
COMMUNICATIONS ACT AND INCORPORATED MEMORANDUM OF LAW
(MOTION TO SUPPRESS NO. 1)

Now comes the defendant Aaron Swartz and respectfully moves that this Honorable Court
suppress as evidence at the trial of this case (1) the network flow data and DHCP logs collected by
MIT personnel and disclosed to the government without a warrant or court order or subpoena, as
well as all evidence derived therefrom, and (2) all evidence from the packet capture instituted by
MIT personnel on the morning of January 4, 2011, and continuing, at the request of the government
that MIT personnel continue to intercept electronic communications, through January 6, 2011, and
subsequently turned over to the Secret Service, as well as all evidence derived therefrom.1

As reason therefor, defendant states:
In a separate motion to suppress, Swartz contends that after law enforcement agents arrived 1
on the scene on January 4, 2011, and recommended that MIT personnel continue the packet capture
they had begun earlier that morning and began to direct the investigation, MIT personnel were acting
as government agents, and their actions were therefore subject to the requirements of the Fourth
Amendment. See Motion to Suppress All Fruits of Warrantless Searches Conducted from January
4, 2011, to January 6, 2011, And Incorporated Memorandum of Law. This motion is directed in part
at the interceptions conducted by MIT personnel before they began acting as government agents, as
well as MIT’s turning over to the government material in which Swartz had a reasonable expectation
of privacy, in the complete absence of judicial process compelling MIT to produce such evidence
to the government at a time when law enforcement agents were directing MIT employees regarding
how to further their criminal investigation of the defendant.

http://www.emptywheel.net/wp-content/uploads/2013/01/gov.uscourts.mad_.137971.59.0.pdf

The Secret Service's ECTF and Electronic Crimes Working Group initiatives prioritize investigative cases that involve electronic crimes. These initiatives provide necessary support and resources to field investigations that meet any one of the following criteria:


  • Significant economic or community impact
  • Participation of organized criminal groups involving multiple districts or transnational organizations
  • Use of schemes involving new technology
This is taken from their website:
 http://www.secretservice.gov/ectf.shtml

If all he had downloaded was journals, then why?  What was it that he really found?

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