The downloading also uncovered massive privacy violations in the court documents.
下载行为也披露了大量法庭侵犯隐私权的文档
Ultimately, the courts were forced to change their policies as a result,
最后,法庭被迫改变了他们的政策
and the FBI closed their investigation without bringing charges.
联邦调查局结束了调查并且没有带来任何指控
To this day, I find it remarkable
直到今天,我发现这件事情并不寻常:
that anybody, even at the most remote podunk field office of the FBI
任何人,即使是调查局最偏远的的无名小镇的探员也认为
thought that a fitting use for taxpayer dollars was investigating people
对纳税人税款的恰当用途在于,在公众都能诉诸法律的基础上
for criminal theft on the grounds that they had made the law public.
去调查刑事盗窃嫌疑人
How can you call yourself a lawman,
你如何能在称自己为执法者的同时,
and think that there could possibly be anything wrong in this whole world
却又认为使全世界的公众都能求助于法律
with making the law public?
竟可能存在着不当之处?
Aaron was willing to put himself at risk for the causes that he believed in.
亚伦心甘情愿为自己所相信的运动而冒险
Bothered by wealth disparity, Swartz moves beyond technology, and into a broader range of political causes.
他一边困扰于贫富悬殊问题,一边越过了技术领域而进入了更为宽广的政♥治♥运动
I went into Congress, and I invited him to come and hang out and intern for us for a while
我进入了国会,然后请他来逛逛并且为我们实习一段时间
so that he could learn the political process.
这样他就可以了解到政♥治♥进程
He was sort of learning about new community and new sets of skills and kind of learning to hack politics.
他似乎学习了新社群、一系列新技能还有黑客政♥治♥
It seems ridiculous that miners should have to hammer away until their whole bodies are dripping with sweat
这似乎很荒谬,矿工竟然不得不埋头苦干直到他们浑身被汗水浸透
faced with the knowledge that if they dare to stop, they won’t able to put food on the table that night,
他们知道如果他们停下工作,他们就没有晚饭吃
while I get to make larger and larger amounts of money each day just by sitting and watching TV.
而我每天只要坐着看电视就可以赚到越来越多的钱
But apparently the world is ridiculous.
但是显然世界就是这么荒谬
So, I co-founded a group called “The Progressive Change Campaign Committee”,
所以,我和他人共同建立了一个团体,叫做“进步性改变运动委员会”
and what we try and do is we try to organize people over the Internet who care about progressive politics
我们尝试把网络上那些关心进步性政♥治♥的人们组织起来
and moving the country toward a more progressive direction
引领这个国家往更加进步的方向前进
to kind of come together, join our e-mail list, join our campaigns
团结到一起,加入我们的电子邮箱列表,加入我们的运动
and help us to get progressive candidates elected all across the country.
帮助我们从全国各地挑选出有进步思想的候选人
The group is responsible for igniting the grassroots effort behind the campaign to elect Elizabeth Warren to the Senate.
这个团体负责动员基层活动以使Elizabeth Warren能够在参议院的竞选中胜出
He might have thought it was a dumb system but he came in and he said, “I need to learn this system,
他可能觉得这是一个没什么影响的体系,但是他加入了,他说 “我需要了解这个体系”
because it can be manipulated like any social system.”
因为它就像任何社会体系那样可以被♥操♥控
But his passion for knowledge and libraries didn’t take a back seat.
但是他对于知识和图书馆的热情并没有退居幕后
Aaron began to take a closer look at institutions that publish academic journal articles.
亚伦开始近距离观察出版学术期刊和文章的机构
By virtue of being students at a major U.S. university, I assume you have access
通过成为美国一所重点大学的学生,我猜想你能够获取
to a wide variety of scholarly journals.
更宽广范围的学术期刊
Pretty much every major university in the United States pays these sort of licensing fees to organizations like
几乎每一个美国的重点大学都会向一些组织支付这类授权金,比如
JSTOR and Thompson Isi to get access to scholarly journals that the rest of the world can’t read.
期刊储存和汤普森信息研究所,这样他们就可以获得其他人不能读到的学术期刊
These scholarly journals and articles are essentially the entire wealth of human knowledge online,
这些学术期刊和文章本质上可以说是在线的人类智慧的全部财富
and many have been paid for with taxpayer money or with government grants,
而且许多已经由纳税人的资金和政♥府♥补助金支付过了
but to read them, you often have to pay again handing over steep fees to publishers like Reed-Elsevier.
但是要读到这些期刊,通常你还是需要再向里德-爱思唯尔集团这类出版商支付极高的转让费用
These licenses fees are so substantial that people who are studying in India, instead of studying in United States,
这些授权金数量很大,以至于美国以外的印度研究人员仍
don’t have this kind of access. They are locked out from all of these journals.
无法通过这一渠道,他们无法接触到全部的这些期刊
They are locked out from our entire scientific legacy.
他们无法接触到我们整个学术界的遗产
I mean, a lot of these journal articles, they go back to The Enlightenment.
许多学术期刊文章,能够启蒙很多人
Every time someone has written down a scientific paper, it’s been scanned, digitized, and put in these collections.
每次有人写了学术论文,就会被扫描并数字化,然后被放入到资料库
That is a legacy that has been brought to us by the history of people doing interesting work, the history of scientists.
这些资料都是那些对工作充满激♥情♥的科学家们,通过经年累月的教训,从中总结升华,而后留下的精神遗产
It’s a legacy that should belong to us as a commons, as a people,
他们是百姓的遗产,亦是全人类的遗产
but instead, it has been locked up and put online by an handful of for-profit corporations
然而,这些遗产却被那些唯利是图的公♥司♥所控制并发布到网上
who then try to get the maximum profit they can out of it.
这些公♥司♥会从中谋取暴利
So a researcher paid by the university or the people publishes a paper,
所以那些想专心做学术写论文的学者们
and at the very, very last step of that process, after all the work is done,
最后在发布论文时,在所有工作准备就绪之后
after all the original research is done–the thinking, the lab work, the analysis, after everything is done,
在做完所有的原始研究之后,他们的最初构想,实验室工作,分♥析♥工作和其他的一切工作都完成时
at that last stage, then the researcher has to hand over his or her copyright to this multi-billion dollar company.
这些研究人员不得不把他们的版权卖♥♥给这个身价几十亿美元的公♥司♥
And it’s sick. It’s an entire economy built on volunteer labor,
这举动是不道德的,因为这全部的经济收益都是由公益途径得来的
and then the publishers sit at the very top and scrape off the cream.
而最后坐收渔翁之利的人却是出版方
Talk about a scam. One publisher in Britain made a profit of three billion dollars last year.
通过这种卑劣途径,一个英国的出版商去年赚了三十亿美元
I mean, what a racket!
然而,这只是暴利的冰山一角!
JSTOR is just a very, very small player in that story
期刊储存系统只是其中非常非常小的一个环节
but for some reason, JSTOR is the player that Aaron decided to confront.
但是出于一些原因,亚伦决定从期刊储存系统下手去改善现状
He’d gone to some conference around Open Access and Open Publishing,
他参加了一些有关讨论开放式阅读和有关出版的会议
and I don’t know who the person from JSTOR was,
我不知道期刊储存系统那边派出的人是谁
but I think they–at some point, Aaron asked the question,
但我觉得是亚伦提出了这个主义
“How much would it cost to open up JSTOR in perpetuity?”
“永久地开放期刊储存需要花费多少?”
And they gave some–I think it was two hundred million dollars,
一些人说,大概是两亿美元
something that Aaron thought was totally ridiculous.
亚伦觉得这很非常荒谬
Working on a fellowship at Harvard, he knew users on MIT’s famously open and fast network next door
作为哈佛大学的研究员,他知道一些麻省理工的用户
had authorized access to the riches of JSTOR. Swartz saw an opportunity.
有权限获得JSTOR上的丰富资源。斯瓦茨从中看到了机会
You have a key to those gates,
当你手握这扇大门的钥匙
and with a little bit of shell script magic, you can get those journal articles.
动一点手脚就能获得期刊文章
On September 24, 2010,
2010年9月24日
Swartz registered a newly purchased Acer laptop
斯瓦茨把他的宏基笔记本电脑连到麻省理工学院的网络上
on the MIT network, under the name “Garry Host”.
注册了一个名叫Gary Host的账号♥
The client name was registered as “GHost laptop”.
用户名登记为幽灵电脑
He doesn’t hack JSTOR in the traditional sense of hacking.
他黑入JSTOR的方式不同于以往
The JSTOR database was organized,
由于JSTOR的数据库非常的庞大
so it was completely trivial to figure out how you could download all the articles in JSTOR,
弄清一个人在JSTOR怎样下载论文非常麻烦
because it was basically numbered.
因为它主要是编号♥
It was basically slash slash slash…number article 444024 and -25 and -26.
一串串斜杠,444024章、-25、-26
He wrote a Python script called keepgrabbing.pi,
他编写了一个名叫“keepgrabbing.py”的代码
which was like, keeping grabbing one article after another.
用来获取一篇又一篇文章
The next day, GHost laptop begins grabbing articles,
第二天,幽灵电脑就开始疯狂地下载文章
but soon, the computer’s IP address is blocked. For Swartz, it’s barely a bump in the road.
很快,电脑的域名就被禁用了,对斯瓦茨来说这简直像大路上踩到地雷
He quickly reassigns his computer’s IP address and keeps downloading.
他很快重新注册了电脑的IP继续下载
Well, JSTOR and MIT take a number of steps to try to interfere with this,
JSTOR和MIT采取了一系列措施制止
when they notice that this is happening,
当他们发现了数据仍大量外流
and when the more modest steps don’t work,
一系列措施都没奏效时
then at a certain stage, JSTOR just cuts off MIT from having access to the JSTOR database.
JSTOR干脆切断了服务器与麻省理工学院的连接
So there’s a kind of cat-and-mouse game around
此后获取JSTOR的数据就
getting access to the JSTOR database.
变成了一场猫捉老鼠的游戏
Aaron, ultimately, obviously is the cat because he has more technical capability
艾伦无疑就是那只猫,因为他的电脑技术明显要高得多
than the JSTOR database people do in defending them.
跟那些JSTOR服务器的管♥理♥员♥比起来
Eventually, there was an unlocked supply closet in the basement of one of the buildings,
到了后来,他发现在一栋大楼的地下室有网口
and he went, instead of going through WiFi, he went down there and he just plugged his computer directly into the network
于是他不用wifi直接进入地下机房♥将网络接入到电脑上
and just left it there with an external hard drive downloading these articles to the computer.
只把硬盘留在那里储存下载的文件
Unknown to Swartz, his laptop and hard drive had been found by authorities.
斯瓦茨当时不知道他的电脑和硬盘已经被当局发现
They didn’t stop the downloads.
他们没直接让电脑停止下载
Instead, they installed a surveillance camera.
而是而是在机房♥装上了一台监控摄像头
They found the computer in this room in the basement of an MIT building.
他们在麻省理工学院地下机房♥找到了那台电脑
They could have unplugged it. They could have waited for the guy to come back and said,
他们本可以拔掉它,或者等着它的主人回来
“Dude, what are you doing, you know, cut it out. Who are you?”
并询问他“小子,在在干什么?关了它,你是谁?”之类的话
They could have done all that kind of stuff, but they didn’t.
他们本可以这么做,但是他们没有
What they wanted to do was film it to gather evidence to make a case.
他们想的通过是拍取影像获取证据来立案定罪
That’s the only reason you film something like that
只有这才能解释他们为什么安装监控摄像头
At first, the only person caught on the glitchy surveillance camera
起先,被监控摄像头逮个正着的人
was using the closet as a place to store bottles and cans.
是一个收破烂的人
But days later, it caught Swartz.
但几天后,它逮住了斯瓦茨
Swartz is replacing the hard drive. He takes it out of his backpack,
当时他正在换上从背包中拿出来的新的硬盘
leans out of frame for about five minutes,
他在画面中出现了五分钟
and then leaves.
然后消失了
And then they organized, like, a stakeout where, as he was biking home from MIT,
然后他们在组织了一场抓捕,当斯沃茨骑车回家时
these cops came out from either side of the road,
校警从路俩旁突然跑出来
or something like that, and started going after him.
就像这样,他们追着斯沃茨
He describes that he was pressed down and assaulted by the police.
斯沃茨说他被按倒在地
He tells me that they–it’s unclear that they were police that were after him.
他告诉他们,他不知道后面有警♥察♥跟着
He thought that someone was trying to attack him.
以为背后有人想要袭击他
He does tell me they beat him up.
他告诉我他当时被他们打了
It was just devastating. The notion of any kind of criminal prosecution of anyone in our family or anything
这是毁灭性的。我的家人对犯罪起诉
was so foreign and incomprehensible, I didn’t know what to do.
完全没概念,我不知道要怎么办
Well, they execute search warrants at Aaron’s house, his apartment in Cambridge, in his office at Harvard.
他们开始搜查亚伦的房♥子,他在剑桥的公♥寓♥,在哈佛的办公室
Two days before the arrest, the investigation had gone beyond JSTOR and the local Cambridge police.
在他被逮捕俩天后,对亚伦的调查不在局限于当地警方和 JSTOR
It had been taken over by the United States Secret Service.
特勤局接管了这个案子
The Secret Service began investigating computer and credit card fraud in 1984,
他们开始调查电脑里从1984年开始的记录资料和信♥用♥卡♥
but six weeks after the attack on 9/11, their role expanded.
911发生后六星期美国特勤局职能就扩大啦
[applause]
President Bush used The Patriot Act to establish a network of what they called “Electronic Crimes Task Forces”.
美国总统布♥什♥通过爱国者运动建立了打击网络犯罪的ECTF网络系统
The bill before me takes account of the new realities and dangers posed by modern terrorists.
该法案是考虑到新世纪恐♥怖♥主♥义♥带来的危害
According to the Secret Service, they are primarily engaged in activity with economic impact,
句特勤局所说,这个法案只要针对经济有影响的活动
organized criminal groups, or use of schemes involving new technology.
有组织的犯罪集团或涉嫌新技术的计划
The Secret Service turned Swartz’s case over to the Boston U.S. Attorney’s office.
特勤局将斯沃茨的案子转交给波士顿的律师事务所
There was a guy in the U.S. attorney’s office who had the title:
波士顿律师事务所里有个号♥称
“Head of the Computer Crimes Division or Task Force”
“计算机犯罪部门负责人、特别工作小组”的家伙
I don’t know what else he had going,
我不知道他以前是干嘛的
but you’re certainly not much of a “Computer Crimes Prosecutor” without a computer crime to prosecute,
他显然不是个计算机犯罪检察官,一直没有计算机犯罪的起诉,于是他跳出来了啦
so he jumped on it, kept if for himself, didn’t assign it to someone else within the office or the unit
交由自己来处理这个案子,而非安排给其他人
and that’s Steve Heymann.

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