Opinion: Lance One of Many Tour de France Cheaters


Editor's note: England-based writer and photographer Roff Smith rides around 10,000 miles a year through the lanes of Sussex and Kent and writes a cycling blog at: www.my-bicycle-and-I.co.uk

And so, the television correspondent said to the former Tour de France champion, a man who had been lionised for years, feted as the greatest cyclist of his day, did you ever use drugs in the course of your career?

"Yes," came the reply. "Whenever it was necessary."

"And how often was that?" came the follow-up question.

"Almost all the time!"

This is not a leak of a transcript from Oprah Winfrey's much anticipated tell-all with disgraced cyclist Lance Armstrong, but instead was lifted from a decades-old interview with Fausto Coppi, the great Italian road cycling champion of the 1940s and 1950s.

To this day, though, Coppi is lauded as one of the gods of cycling, an icon of a distant and mythical golden age in the sport.

So is five-time Tour winner Jacques Anquetil (1957, 1961-64) who famously remarked that it was impossible "to ride the Tour on mineral water."

"You would have to be an imbecile or a crook to imagine that a professional cyclist who races for 235 days a year can hold the pace without stimulants," Anquetil said.

And then there's British cycling champion Tommy Simpson, who died of heart failure while trying to race up Mont Ventoux during the 1967 Tour de France, a victim of heat, stress, and a heady cocktail of amphetamines.

All are heroes today. If their performance-enhancing peccadillos are not forgotten, they have at least been glossed over in the popular imagination.

As the latest chapter of the sorry Lance Armstrong saga unfolds, it is worth looking at the history of cheating in the Tour de France to get a sense of perspective. This is not an attempt at rationalisation or justification for what Lance did. Far from it.

But the simple, unpalatable fact is that cheating, drugs, and dirty tricks have been part and parcel of the Tour de France nearly from its inception in 1903.

Cheating was so rife in the 1904 event that Henri Desgrange, the founder and organiser of the Tour, declared he would never run the race again. Not only was the overall winner, Maurice Garin, disqualified for taking the train over significant stretches of the course, but so were next three cyclists who placed, along with the winner of every single stage of the course.

Of the 27 cyclists who actually finished the 1904 race, 12 were disqualified and given bans ranging from one year to life. The race's eventual official winner, 19-year-old Henri Cornet, was not determined until four months after the event.

And so it went. Desgrange relented on his threat to scrub the Tour de France and the great race survived and prospered-as did the antics. Trains were hopped, taxis taken, nails scattered along the roads, partisan supporters enlisted to beat up rivals on late-night lonely stretches of the course, signposts tampered with, bicycles sabotaged, itching powder sprinkled in competitors' jerseys and shorts, food doctored, and inkwells smashed so riders yet to arrive couldn't sign the control documents to prove they'd taken the correct route.

And then of course there were the stimulants-brandy, strychnine, ether, whatever-anything to get a rider through the nightmarishly tough days and nights of racing along stages that were often over 200 miles long. In a way the race was tailor-made to encourage this sort of thing. Desgrange once famously said that his idea of a perfect Tour de France would be one that was so tough that only one rider finished.

Add to this the big prizes at a time when money was hard to come by, a Tour largely comprising young riders from impoverished backgrounds for whom bicycle racing was their one big chance to get ahead, and the passionate following cycling enjoyed, and you had the perfect recipe for a desperate, high stakes, win-at-all-costs mentality, especially given the generally tolerant views on alcohol and drugs in those days.

After World War II came the amphetamines. Devised to keep soldiers awake and aggressive through long hours of battle they were equally handy for bicycle racers competing in the world's longest and toughest race.

So what makes the Lance Armstrong story any different, his road to redemption any rougher? For one thing, none of the aforementioned riders were ever the point man for what the U.S. Anti-Doping Agency has described in a thousand-page report as the most sophisticated, cynical, and far-reaching doping program the world of sport has ever seen-one whose secrecy and efficiency was maintained by ruthlessness, bullying, fear, and intimidation.

Somewhere along the line, the casualness of cheating in the past evolved into an almost Frankenstein sort of science in which cyclists, aided by creepy doctors and trainers, were receiving blood transfusions in hotel rooms and tinkering around with their bodies at the molecular level many months before they ever lined up for a race.

To be sure, Armstrong didn't invent all of this, any more than he invented original sin-nor was he acting alone. But with his success, money, intelligence, influence, and cohort of thousand-dollar-an-hour lawyers-and the way he used all this to prop up the Lance brand and the Lance machine at any cost-he became the poster boy and lightning rod for all that went wrong with cycling, his high profile eclipsing even the heads of the Union Cycliste Internationale, the global cycling union, who richly deserve their share of the blame.

It is not his PED popping that is the hard-to-forgive part of the Lance story. Armstrong cheated better than his peers, that's all.

What I find troubling is the bullying and calculated destruction of anyone who got in his way, raised a question, or cast a doubt. By all accounts Armstrong was absolutely vicious, vindictive as hell. Former U.S. Postal team masseuse Emma O'Reilly found herself being described publicly as a "prostitute" and an "alcoholic," and had her life put through a legal grinder when she spoke out about Armstrong's use of PEDs.

Journalists were sued, intimidated, and blacklisted from events, press conferences, and interviews if they so much as questioned the Lance miracle or well-greased machine that kept winning Le Tour.

Armstrong left a lot of wreckage behind him.

If he is genuinely sorry, if he truly repents for his past "indiscretions," one would think his first act would be to try to find some way of not only seeking forgiveness from those whom he brutally put down, but to do something meaningful to repair the damage he did to their lives and livelihoods.


Read More..

Armstrong Admits to Doping, 'One Big Lie'













Lance Armstrong, formerly cycling's most decorated champion and considered one of America's greatest athletes, confessed to cheating for at least a decade, admitting on Thursday that he owed all seven of his Tour de France titles and the millions of dollars in endorsements that followed to his use of illicit performance-enhancing drugs.


After years of denying that he had taken banned drugs and received oxygen-boosting blood transfusions, and attacking his teammates and competitors who attempted to expose him, Armstrong came clean with Oprah Winfrey in an exclusive interview, admitting to using banned substances for years.


"I view this situation as one big lie that I repeated a lot of times," he said. "I know the truth. The truth isn't what was out there. The truth isn't what I said.


"I'm a flawed character, as I well know," Armstrong added. "All the fault and all the blame here falls on me."


In October, the U.S. Anti-Doping Agency issued a report in which 11 former Armstrong teammates exposed the system with which they and Armstrong received drugs with the knowledge of their coaches and help of team physicians.






George Burns/Courtesy of Harpo Studios, Inc./AP Photo













Lance Armstrong Admits Using Performance-Enhancing Drugs Watch Video









Lance Armstrong's Oprah Confession: The Consequences Watch Video





The U.S. Postal Service Cycling Team "ran the most sophisticated, professionalized and successful doping program that sport has ever seen," USADA said in its report.


As a result of USADA's findings, Armstrong was stripped of his Tour de France titles. Soon, longtime sponsors including Nike began to abandon him, too.


READ MORE: Did Doping Cause Armstrong's Cancer?


Armstrong said he was driven to cheat by a "ruthless desire to win."


He told Winfrey that his competition "cocktail" consisted of EPO, blood transfusions and testosterone, and that he had previously used cortisone. He would not, however, give Winfrey the details of when, where and with whom he doped during seven winning Tours de France between 1999 and 2005.


He said he stopped doping following his 2005 Tour de France victory and did not use banned substances when he placed third in 2009 and entered the tour again in 2010.


"It was a mythic perfect story and it wasn't true," Armstrong said of his fairytale story of overcoming testicular cancer to become the most celebrated cyclist in history.


READ MORE: 10 Scandalous Public Confessions


PHOTOS: Olympic Doping Scandals: Past and Present


PHOTOS: Tour de France 2012


Armstrong would not name other members of his team who doped, but admitted that as the team's captain he set an example. He admitted he was "a bully" but said there "there was a never a directive" from him that his teammates had to use banned substances.


"At the time it did not feel wrong?" Winfrey asked.


"No," Armstrong said. "Scary."


"Did you feel bad about it?" she asked again.


"No," he said.


Armstrong said he thought taking the drugs was similar to filling his tires with air and bottle with water. He never thought of his actions as cheating, but "leveling the playing field" in a sport rife with doping.






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Kinect sensor poised to leap into everyday life









































WHEN Microsoft's Kinect gaming sensor first exploded onto the gaming scene in 2010, it wasn't long before people started getting excited about what it might make possible.











But despite some imaginative hacksMovie Camera, and even a stint in the operating theatre, the breakthrough depth-sensing technology that made Kinect such a success has had a hard time moving beyond the lab or living room. Now the firm behind the 3D sensor at the heart of the Kinect system is pushing to make the leap into a wide variety of consumer fields far removed from gaming.













At the International Consumer Electronics Show (CES) in Las Vegas last week, Israeli firm PrimeSense showed how their depth sensor, called Carmine, is being put to use in myriad applications. And a smaller version of the sensor may soon be sitting in your smartphone or tablet.












"We're taking it way beyond the living room and putting it into almost anything," says PrimeSense's head of commercial markets, Ohad Shvueli.


















Retail is the sector that looks to benefit the most. One firm, Shopperception, uses the sensor to constantly scan the area in front of the shelves in a supermarket to gauge shoppers' behaviour. Because the sensor can track arm movements - just like in Kinect - it knows when a shopper has picked up a certain product. The data is compiled and retailers can see a "heat map" of exactly where on a shelf most customers are reaching.












The sensor is also being put to use by Portuguese firm CoVii, which has written software that lets the sensor turn any simple flat-screen TV or monitor into a "touch-sensitive" device - only the user doesn't have to touch the screen. Because it can detect how far a user's hand is from the screen, it lets people interact by hovering their finger a set distance from the surface - something that would be perfect for interactive advertising displays that could be kept safe behind glass windows.












Meanwhile, California-based Matterport has been using the sensor to cheaply create an accurate, 360-degree 3D scan of a room that is complete within 10 minutes. Such mapping would make buying furniture for your living room a cinch, for example.












Styku, also at CES, has been using the sensor to create a virtual changing room where online shoppers scan their bodies at home and create an avatar to try on outfits to see how they look.












Sean Murphy, an industry analyst for the Consumer Electronics Association, which organises CES, says 3D sensing and gestural control are poised to become a much bigger part of our lives. "It really is the next frontier for getting people interacting with the world around them," he says.












Shvueli agrees, and is pushing hard for the technology to mature into a mainstay of our everyday lives. "Despite Kinect, 3D sensing is a non-existent market at the moment," he says. "We are in the very early stages of making it integrated into everything."












To that end, he says a new version of the sensor, called Capri, will bring depth-sensing to mobile devices. Capri is far smaller than the Carmine sensor, thanks to better heat dissipation. "Once Capri is in a tablet or a smartphone it is going to break the mass market wide open," Shvueli claims. He expects to have Capri sensors installed in commercially available devices next year.




















































If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.




































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If you are having a technical problem posting a comment, please contact technical support.








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PAP's Dr Koh says he is fighting his own race in by-election






SINGAPORE: People's Action Party (PAP) candidate for Punggol East, Dr Koh Poh Koon, said he is fighting his own race in the by-election.

Dr Koh also stressed that the lack of PAP leaders' presence in his walkabout does not signify that the party places less emphasis on this by-election.

Dr Koh said he prefers to offer a personal touch by interacting directly with residents and believes constituents would also prefer to see and meet the person they will be electing into Parliament.

He said that it is important to address the needs of residents.

Tackling community concerns, he said, will bring immediate reprieve for residents.

Dr Koh was speaking to reporters after his walkabout in the estate.

He ran into the Reform Party's Kenneth Jeyaretnam when he went to the Rivervale Mall for lunch.

The two exchanged pleasantries.

- CNA/fa



Read More..

CNET Member Giveaway: Fitbit Flex



Fitbit Flex

Fitbit Flex



(Credit:
Fitbit)


After a great CES full of exciting tech and new ideas, we are back and hard at work. A little tired, but also thrilled to bring an exciting opportunity to the CNET audience. We'd like our users to be able to experience a little CES, so we are giving five lucky CNET members the chance to win the Best of CES award-winning Fitbit Flex. Coming out this spring, the Fitbit Flex won for best in Wearable and Health Tech, beating out a large and extremely competitive set for the coveted title.


The Flex is an activity monitor designed to be worn all day to track movement, sleep, and calories burned. The device syncs with your computer or smartphone via Bluetooth to record steps, distance traveled, and estimated calories burned through exercise. What's more, it's able to not only monitor your activity, but also your sleep.


We chose the Fitbit Flex as a Best of
CES gadget, but we're also interested to hear what you are looking forward to seeing hit the market this year. Tell us what tech you are looking forward to seeing or even buying in 2013 for a chance to win!


Interested in winning this Best of CES gadget? Here are the rules:


  • Register as a CNET user. Go to the Join the Conversation section below this blog post and hit the Add Your Comment button. If you're not already registered, please do so. If you're already registered, there's no need to register again -- you just need to be logged in.

  • Leave a comment below-- tell us what tech you are most looking forward to seeing hit the market or buying this year.

  • Leave only one comment. You may enter for this specific giveaway only once. If you enter more than one comment, you will be automatically disqualified.

  • There will be five (5) winners chosen randomly. Each winner will receive one (1) Fitbit Flex, which has a list price of $99.95.

  • If you are chosen, you will be notified via e-mail. The winner must respond within three days of the end of the sweepstakes. If you do not respond within that period, another winner will be chosen.

  • Entries can be submitted until Friday, February 1, at 11:59pm. PST.

  • Thanks for entering the contest, and good luck!

Some legalese:


* NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE LEGAL RESIDENT OF ONE OF THE UNITED STATES OR CANADA (EXCLUDING QUEBEC), 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN YOUR STATE OF RESIDENCE AT DATE OF ENTRY INTO SWEEPSTAKES. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. SWEEPSTAKES ENDS 02/01/13. SEE RULES FOR DETAILS.


Read More..

6 Ways Climate Change Will Affect You

Photograph by AP Photo/Marcio Jose Sanchez

The planet keeps getting hotter, new data showed this week. Especially in America, where 2012 was the warmest year ever recorded, by far. Every few years, the U.S. federal government engages hundreds of experts to assess the impacts of climate change, now and in the future.

From agriculture (pictured) to infrastructure to how humans consume energy, the National Climate Assessment Development Advisory Committee spotlights how a warming world may bring widespread disruption.

Farmers will see declines in some crops, while others will reap increased yields.

Won't more atmospheric carbon mean longer growing seasons? Not quite. Over the next several decades, the yield of virtually every crop in California's fertile Central Valley, from corn to wheat to rice and cotton, will drop by up to 30 percent, researchers expect. (Read about "The Carbon Bathtub" in National Geographic magazine.)

Lackluster pollination, driven by declines in bees due partly to the changing climate, is one reason. Government scientists also expect the warmer climate to shorten the length of the frosting season necessary for many crops to grow in the spring.

Aside from yields, climate change will also affect food processing, storage, and transportation—industries that require an increasing amount of expensive water and energy as global demand rises—leading to higher food prices.

Daniel Stone

Published January 16, 2013

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Notre Dame: Football Star Was 'Catfished' in Hoax













Notre Dame's athletic director and the star of its near-championship football team said the widely-reported death of the star's girlfriend from leukemia during the 2012 football season was apparently a hoax, and the player said he was duped by it as well.


Manti Te'o, who led the Fighting Irish to the BCS championship game this year and finished second for the Heisman Trophy, said in a statement today that he fell in love with a girl online last year who turned out not to be real.


The university's athletic director, Jack Swarbrick, said it has been investigating the "cruel hoax" since Te'o approached officials in late December to say he believed he had been tricked.


Private investigators hired by the university subsequently monitored online chatter by the alleged perpetrators, Swarbrick said, adding that he was shocked by the "casual cruelty" it revealed.


"They enjoyed the joke," Swarbrick said, comparing the ruse to the popular film "Catfish," in which filmmakers revealed a person at the other end of an online relationship was not who they said they were.


"While we still don't know all of the dimensions of this ... there are certain things that I feel confident we do know," Swarbrick said. "The first is that this was a very elaborate, very sophisticated hoax, perpetrated for reasons we don't understand."






Mike Ehrmann/Getty Images











Notre Dame's Athletic Director Discusses Manti Te'o Girlfriend Hoax Watch Video









Notre Dame Football Star Victim of 'Girlfriend Hoax' Watch Video









Eddie Lacy, Barrett Jones Discuss 'Bama Win Watch Video





Te'o said during the season that his girlfriend, Lennay Kekua, died of leukemia in September on the same day Te'o's grandmother died, triggering an outpouring of support for Te'o at Notre Dame and in the media.


"While my grandma passed away and you take, you know, the love of my life [Kekua]. The last thing she said to me was, 'I love you,'" Te'o said at the time, noting that he had talked to Kekua on the phone and by text message until her death.


Now, responding to a story first reported by the sports website Deadspin, Te'o has acknowledged that Kekua never existed. The website reported today that there were no records of a woman named Lennay Kekua anywhere.


Te'o denied that he was in on the hoax.


"This is incredibly embarrassing to talk about, but over an extended period of time, I developed an emotional relationship with a woman I met online," Te'o said in a statement released this afternoon. "We maintained what I thought to be an authentic relationship by communicating frequently online and on the phone, and I grew to care deeply about her."


Swarbrick said he expected Te'o to give his version of events at a public event soon, perhaps Thursday, and that he believed Te'o's representatives were planning to disclose the truth next week until today's story broke.


Deadspin reported that the image attached to Kekua's social media profiles, through which the pair interacted, was of another woman who has said she did not even know Te'o or know that her picture was being used. The website reported that it traced the profiles to a California man who is an acquaintance of Te'o and of the woman whose photo was stolen.


"To realize that I was the victim of what was apparently someone's sick joke and constant lies was, and is, painful and humiliating," Te'o said.






Read More..

Why musical genius comes easier to early starters








































Good news for pushy parents. If you want your child to excel musically, you now have better justification for starting their lessons early. New evidence comes from brain scans of 36 highly skilled musicians, split equally between those who started lessons before and after the age of 7, but who had done a similar amount of training and practice.












MRI scans revealed that the white matterSpeaker in the corpus callosum – the brain region that links the two hemispheres – had more extensive wiring and connectivity in the early starters. The wiring of the late starters was not much different from that of non-musician control participants. This makes sense as the corpus callosum aids speed and synchronisation in tasks involving both hands, such as playing musical instruments.













"I think we've provided real evidence for something that musicians and teachers have suspected for a long time, that early training can produce long-lasting effects on performance and the brain," says Christopher Steele of the Max Planck Institute for Human Cognitive and Brain Sciences in Leipzig, Germany, and head of the team.











Sweet spot












Steele says that younger-trained musicians may have an advantage because their training coincides with a key period of brain development . At age 7 or 8, the corpus callosum is more receptive than ever to the alterations in connectivity necessary to meet the demands of learning an instrument.













However, he stresses that these connectivity adaptations are no guarantee of musical genius. "What we're showing is that early starters have some specific skills and accompanying differences in the brain, but these things don't necessarily make them better musicians," he says. "Musical performance is about skill, but it is also about communication, enthusiasm, style and many other things we don't measure. So while starting early may help you express your genius, it won't make you a genius," he says.











Nor should older aspiring musicians despair. "They should absolutely not give up. It is never too late to learn a skill," says Steele.













Journal reference: Journal of Neuroscience, DOI: 10.1523/jneurosci.3578-12.2013


















































If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.




































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Helicopter crashes in central London






LONDON - A helicopter crashed in central London and plunged to the ground in a ball of flames on Wednesday, with police saying it had hit a crane on top of a building.

Fire engines and police were at the scene of the crash near the River Thames at Vauxhall, where a huge plume of smoke billowed into the sky.

Paul Ferguson, who was working in an office near the incident, told BBC News: "There was a flash and the helicopter plunged to the ground. It exploded and you can imagine the smoke coming out of it."

Witnesses posted photographs of burning wreckage on social networking sites.

Unconfirmed early reports said one person was on board, the pilot.

London's Metropolitan Police said the helicopter was not one of its aircraft. "We had a call at approximately 8am this morning and we are dealing with an incident," a police spokesman said.

The crash was causing long tailbacks on roads during the morning rush hour.

- AFP/ir/al



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Prosecutor in Aaron Swartz 'hacking' case comes under fire



Carmen Ortiz, U.S. Attorney for Massachusetts

Carmen Ortiz, U.S. Attorney for Massachusetts



(Credit:
U.S. Department of Justice)



A politically ambitious Justice Department official who oversaw the criminal case against Aaron Swartz has come under fire for alleged prosecutorial abuses that led the 26-year-old online activist to take his own life.



Carmen Ortiz, 57, the U.S. attorney for Massachusetts who was selected by President Obama, compared the online activist -- accused of downloading a large number of academic papers -- to a common criminal in a 2011 press release. "Stealing is stealing whether you use a computer command or a crowbar," Ortiz said at the time. Last fall, her office slapped Swartz with 10 additional charges that carried a maximum penalty of 50 years in prison.



"He was killed by the government," Swartz's father, Robert, said at his son's funeral in Highland Park, Ill., today, according to a report in the Chicago Sun Times.



Last Wednesday, less than three months before the criminal trial was set to begin, Ortiz's office formally rejected a deal that would have kept Swartz out of prison. Two days later, Swartz killed himself.



"He was being made into a highly visible lesson," says Harvey Silverglate, a Cambridge, Mass., attorney who first met Swartz in 2001 and spoke with him after his arrest. "He was enhancing the careers of a group of career prosecutors and a very ambitious -- politically-ambitious -- U.S. attorney who loves to have her name in lights."



Ortiz' spokeswoman did not respond to questions from CNET today. The spokeswoman, Christina Sterling, had said earlier this week: "We want to respect the privacy of the family and do not feel it is appropriate to comment on the case at this time."



Replies Silverglate, the defense attorney and author of the book "Three Felonies a Day:" "It nearly made me puke. Out of deference to the family they weren't going to respond to the charges? It wasn't 'out of deference to the family.' It was out of deference to their careers."



Swartz was accused of 13 felony counts relating to connecting a computer to MIT's network without authorization and retrieving over four million academic journal articles from the JSTOR database (he was allowed to access JSTOR, but not to perform a bulk download). The advocacy group Demand Progress, which Swartz had helped to create and which helped to defeat the Stop Online Piracy Act a year ago, likened it to "trying to put someone in jail for allegedly checking too many books out of the library." (Swartz also sold a company he founded called Infogami to Reddit and was one of the co-creators of the RSS standard for syndicating content.)



If Swartz had stolen a $100 hard drive with the JSTOR articles, it would have been a misdemeanor offense that would have yielded probation or community service. But the sweeping nature of federal computer crime laws allowed Ortiz and Assistant U.S. Attorney Stephen Heymann, who wanted a high-profile computer crime conviction, to pursue felony charges. Heymann threatened the diminutive free culture activist with over 30 years in prison as recently as last week.



The Boston U.S. Attorney's office was looking for "some juicy looking computer crime cases and Aaron's case, sadly for Aaron, fit the bill," Elliot Peters, Swartz's attorney at the Keker & Van Nest law firm, told the Huffington Post. Heymann, Peters says, thought the Swartz case "was going to receive press and he was going to be a tough guy and read his name in the newspaper."



Heymann was also the Boston office's point person in a second investigation that spurred another young hacker to kill himself. In 2008, 24-year-old Jonathan James committed suicide after being named a suspect in a federal cybercrime investigation. His suicide note said: "I have no faith in the 'justice' system. Perhaps my actions today, and this letter, will send a stronger message to the public."



"The charges were ridiculous and trumped-up"



Aaron Swartz, who committed suicide two days after federal prosecutors rejected his attorney's proposal for no prison time.

Aaron Swartz, who committed suicide two days after federal prosecutors rejected his attorney's proposal for no prison time.



(Credit:
Fred Benson/ Creative Commons: Flickr)



Ortiz has now found herself in an unusual -- and uncomfortable -- position: as the target of an investigation instead of the initiator of one.



An online petition asking President Obama to remove her from office has garnered 35,000 signatures. The threshold at the time for triggering an official White House response, which has not yet happened, was 25,000. (A separate petition asking for the removal of prosecutor Stephen Heymann has attracted only 4,000 signatures so far.)



House Oversight Committee Chairman Darrell Issa, a California Republican, said he has launched an investigation into Ortiz's prosecution of Swartz. It's a bipartisan sentiment: Rep. Jared Polis, a Colorado Democrat and former Internet entrepreneur, told the Hill that: "The charges were ridiculous and trumped-up. It's absurd that he was made a scapegoat."



Rep. Zoe Lofgren, a Democrat whose district includes the heart of Silicon Valley, published draft legislation today (PDF) called "Aaron's Law" that would no longer make it a crime to violate terms of service agreements.



Ortiz had been a rising star in the Democratic Party: a law-and-order Hispanic prosecutor who had won high-profile convictions including Salvatore DiMasi, the former Massachusetts House speaker. The Boston Globe named her "Bostonian of the Year" in 2011 and reported last month that Ortiz was a potential gubernatorial candidate.



Swartz's friends and family have, in the days since his death, argued that Ortiz, Heymann, and assistant U.S. attorney Scott Garland employed tactics should have been reserved for serious criminals, not an activist who merely downloaded more articles than JSTOR would have preferred. A Swartz family statement posted at RememberAaronSW.com says: "The U.S. attorney's office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims."



Larry Lessig, the Harvard law professor who spoke at Swartz's funeral today along with Web inventor Tim Berners-Lee, said in a blog post that even though Swartz had no intention of profiting from any downloaded journal articles, "our government continued to push as if it had caught the 9/11 terrorists red-handed."


Alex Stamos, who the defense had planned to call as an expert witness on computer intrusion, said: "I know a criminal hack when I see it, and Aaron's downloading of journal articles from an unlocked closet is not an offense worth 35 years in jail." Law professor Tim Wu added that Ortiz's "legal authority to take down Swartz was shaky" after a federal appeals court ruling last year.



It's true that Swartz would not have faced 50 years in prison; that was, after all, the maximum sentence for his supposed felonies, not the minimum one. But Ortiz and her staff were intent on requiring that he plead guilty to multiple felonies and serve significant time behind bars.



Jennifer Granick, director of civil liberties at Stanford University's Center for Internet and Society and former criminal defense attorney, elaborated on why Swartz was so reluctant to plead guilty:



There was great practical risk to Aaron from pleading to any felony. Felons have trouble getting jobs, aren't allowed to vote (though that right may be restored) and cannot own firearms (though Aaron wasn't the type for that, anyway). More particularly, the court is not constrained to sentence as the government suggests. Rather, the probation department drafts an advisory sentencing report recommending a sentence based on the guidelines. The judge tends to rely heavily on that "neutral" report in sentencing... If he plead guilty to a felony, he could have been sentenced to as many as 5 years, despite the government's agreement not to argue for more. Each additional conviction would increase the cap by 5 years, though the guidelines calculation would remain the same. No wonder he didn't want to plead to 13 felonies. Also, Aaron would have had to swear under oath that he committed a crime, something he did not actually believe.



JSTOR has said since 2011 that it had no interest in pursuing criminal charges, and added last weekend that it "regretted" having been drawn into "this sad event." MIT, which reportedly did encourage Ortiz to pursue the case, is now conducting an internal investigation.



Last Wednesday, two days before Swartz took his life, JSTOR said it was making its archives of more than 1,200 different academic journals free for the public to read.



Computer prodigy Aaron Swartz remembered





Read More..