A Loss in the Battle for Free Access to Information

A Loss in the Battle for Free Access to Information

A Loss in the Battle for Free Access to Information

By : Tadween Editors

[The following article was originally published on Tadween Publishing`s blog. For more information on the publishing world as it relates to pedagogy and knowledge production, follow Tadween Publishing on Facebook and Twitter.]  

Aaron Swartz, a passionate defender for the freedom of information, committed suicide on 11 January, ending his life of twenty-six years. Swartz’s death comes after months of legal conflict following his downloading of millions of JSTOR-hosted journal articles with the intention to make the material accessible to the public.

“Information is power,” wrote Swartz in his Guerilla Open Access Manifesto in July 2008. “But like all power, there are those who want to keep it for themselves.” Throughout his life, Swartz sought to protest this idea and the act of withholding knowledge and information from the public or putting a price tag on it.

Swartz’s life as a technological genius began at an early age. At fourteen, he helped develop RSS software, and, shortly thereafter, cofounded Reddit. While Swartz’s ability as a creator remains remarkable, his role as a defender of free access to information and knowledge is what he will be remembered for and what lead to his untimely death. Glenn Greenwald writes in the Guardian that Swartz “committed himself to the causes in which he so passionately believed: internet freedom, civil liberties, making information and knowledge as available as possible.”

In June 2011, Swartz was arrested and accused of gaining illegal access to millions of JSTOR articles with a restricted MIT computer. According to the New York Times, Swartz faced charges related to “wire fraud, computer fraud and unlawfully obtaining information from a protected computer.” He was scheduled to go on trial in April 2013 and could have faced over thirty-five years in prison and millions of dollars in fines if convicted. (Ars Technica has a detailed description of Swartz’s actions leading up to his indictment, which can be read here.)

Swartz was a vocal critic of restrictions to freedom of information online and the founder of Demand Progress, a progressive civil liberties organization known for its successfulcampaign against internet censorship bills SOPA (Stop Online Piracy Act) and PIPA (Protect IP Act). Reflecting on the against-the-odds defeat of SOPA and PIPA in a passionate speech delivered at the May 2012 Freedom to Connect conference in Washington, DC, Swartz warned, “The enemies of the freedom to connect have not disappeared.”

The activist’s suicide has already prompted a petition to the White House for the removal of US Attorney Carmen Ortiz, who, even though JSTOR refused to press charges, pursued a superseded indictment, raising the number of felony charges against Swartz from four to thirteen. “Stealing is stealing,” Ortiz had previously stated, “whether you use a computer command or a crowbar, and whether you take documents, data or dollars.” On 14 January, the US Department of Justice formally dismissed all pending charges against Swartz.

Swartz’s death is a devastating loss for his family and friends, but also for those who have fought alongside him in the battle for open access and freedom of information.

With an unfortunate irony, Swartz’s suicide comes two days after an announcement by JSTOR that it will make the archives of more than 1,200 journals available to the public for free, giving those who sign up “read-online access” to three articles for every two weeks. Although JSTOR’s decision to move closer to open and free access is a step in the right direction, Swartz’s death overwhelms this welcome news. If anything can be gained from this tragedy, it is that Swartz’s death has brought the barriers and tactics governments and companies use to prevent and control access to information under heightened scrutiny.

In Tadween Publishing’s next blog post we will further investigate JSTOR’s pricing and regulations so as to delve deeper into the issue of open access.

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American Elections Watch 1: Rick Santorum and The Dangers of Theocracy

One day after returning to the United States after a trip to Lebanon, I watched the latest Republican Presidential Primary Debate. Unsurprisingly, Iran loomed large in questions related to foreign policy. One by one (with the exception of Ron Paul) the candidates repeated President Obama`s demand that Iran not block access to the Strait of Hormuz and allow the shipping of oil across this strategic waterway. Watching them, I was reminded of Israel`s demand that Lebanon not exploit its own water resources in 2001-2002. Israel`s position was basically that Lebanon`s sovereign decisions over the management of Lebanese water resources was a cause for war. In an area where water is increasingly the most valuable resource, Israel could not risk the possibility that its water rich neighbor might disrupt Israel`s ability to access Lebanese water resources through acts of occupation, underground piping, or unmitigated (because the Lebanese government has been negligent in exploiting its own water resources) river flow. In 2012, the United States has adopted a similar attitude towards Iran, even though the legal question of sovereignty over the Strait of Hormuz is much more complicated and involves international maritime law in addition to Omani and Iranian claims of sovereignty. But still, US posturing towards Iran is reminiscent of Israeli posturing towards Lebanon. It goes something like this: while the US retains the right to impose sanctions on Iran and continuously threaten war over its alleged pursuit of a nuclear weapon, Iran should not dare to assume that it can demand the removal of US warships from its shores and, more importantly, should not dream of retaliating in any way to punitive sanctions imposed on it. One can almost hear Team America`s animated crew breaking into song . . . “America . . . Fuck Yeah!”

During the debate in New Hampshire, Rick Santorum offered a concise answer as to why a nuclear Iran would not be tolerated and why the United States-the only state in the world that has actually used nuclear weapons, as it did when it dropped them on the cities of Hiroshima and Nagasaki- should go to war over this issue. Comparing Iran to other nuclear countries that the United States has learned to “tolerate” and “live with” such as Pakistan and North Korea, Santorum offered this succinct nugget of wisdom: Iran is a theocracy. Coming from a man who has stated that Intelligent Design should be taught in schools, that President Obama is a secular fanatic, that the United States is witnessing a war on religion, and that God designed men and women in order to reproduce and thus marriage should be only procreative (and thus heterosexual and “fertile”), Santorum`s conflation of “theocracy” with “irrationality” seemed odd. But of course, that is not what he was saying. When Santorum said that Iran was a theocracy what he meant is that Iran is an Islamic theocracy, and thus its leaders are irrational, violent, and apparently (In Santorum`s eyes) martyrdom junkies. Because Iran is an Islamic theocracy, it cannot be “trusted” by the United States to have nuclear weapons. Apparently, settler colonial states such as Israel (whose claim to “liberal “secularism” is tenuous at best), totalitarian states such as North Korea, or unstable states such as Pakistan (which the United States regularly bombs via drones and that is currently falling apart because, as Santorum stated, it does not know how to behave without a “strong” America) do not cause the same radioactive anxiety. In Santorum`s opinion, a nuclear Iran would not view the cold war logic of Mutually Assured Destruction (MAD) as a deterrent. Instead, the nation of Iran would rush to die under American or Israeli nuclear bombs because martyrdom is a religious (not national, Santorum was quick to state, perhaps realizing that martyrdom for nation is an ideal woven into the tapestry of American ideology) imperative. Santorum`s views on Iran can be seen one hour and two minutes into the debate.

When it comes to Islam, religion is scary, violent and irrational, says the American Presidential candidate who is largely running on his “faith based” convictions. This contradiction is not surprising, given that in the United States fundamentalist Christians regularly and without irony cite the danger that American muslims pose-fifth column style- to American secularism. After all, recently Christian fundamentalist groups succeeded in pressuring advertisers to abandon a reality show that (tediously) chronicled the lives of “American Muslims” living in Detroit. The great sin committed by these American Muslims was that they were too damn normal. Instead of plotting to inject sharia law into the United States Constitution, they were busy shopping at mid-western malls. Instead of marrying four women at a time and vacationing at Al-Qaeda training camps in (nuclear, but not troublingly so) Pakistan, these “American Muslims” were eating (halal) hotdogs and worrying about the mortgages on their homes and the rising costs of college tuition. Fundamentalist Christians watched this boring consumer driven normalcy with horror and deduced that it must be a plot to make Islam appear compatible with American secularism. The real aim of the show, these Christian fundamentalists (who Rick Santorum banks on for political and financial support) reasoned, was to make Islam appear “normal” and a viable religious option for American citizens. Thus the reality show “All American Muslim” was revealed to be a sinister attempt at Islamic proselytizing. This in a country where Christian proselytizing is almost unavoidable. From television to subways to doorbell rings to presidential debates to busses to street corners and dinner tables-there is always someone in America who wants to share the “good news” with a stranger. Faced with such a blatant, and common, double standard, we should continue to ask “If Muslim proselytizers threaten our secular paradise, why do Christian proselytizers not threaten our secular paradise?”

As the United States Presidential Elections kick into gear, we can expect the Middle East to take pride of place in questions pertaining to foreign policy. Already, Newt Gingrich who, if you forgot, has a PhD in history, has decided for all of us, once and for all, that the Palestinians alone in this world of nations are an invented people. Palestinians are not only a fraudulent people, Gingrich has taught us, they are terrorists as well. Candidates stumble over each other in a race to come up with more creative ways to pledge America`s undying support for Israel. Iran is the big baddie with much too much facial hair and weird hats. America is held hostage to Muslim and Arab oil, and must become “energy efficient” in order to free itself from the unsavory political relationships that come with such dependancy. Candidates will continue to argue over whether or not President Obama should have or should not have withdrawn US troops from Iraq, but no one will bring up the reality that the US occupation of Iraq is anything but over. But despite the interest that the Middle East will invite in the coming election cycle, there are a few questions that we can confidently assume will not be asked or addressed. Here are a few predictions. We welcome additional questions from readers.

Question: What is the difference between Christian Fundamentalism and Muslim Fundamentalism? Which is the greater “threat” to American secularism, and why?

Question: The United States` strongest Arab ally is Saudi Arabia, an Islamic theocracy and authoritarian monarchy which (falsely) cites Islamic law to prohibit women from driving cars, voting, but has recently (yay!) allowed women to sell underwear to other women. In addition, Saudi Arabia has been fanning the flames of sectarianism across the region, is the main center of financial and moral support for Al-Qaeda and is studying ways to “obtain” (the Saudi way, just buy it) a nuclear weapon-all as part and parcel of a not so cold war with Iran. Given these facts, how do you respond to critics that doubt the United States` stated goals of promoting democracy, human rights, women`s rights, and “moderate” (whatever that is) Islam?

Question: Israel has nuclear weapons and has threatened to use them in the past. True or false?

Question: How are Rick Santorum`s views on homosexuality (or the Christian right`s views more generally) different than President Mahmoud Ahmadinejad`s or King Abdullah`s? Can you help us tease out the differences when all three have said that as long as homosexuals do not engage in homosexual sex, it`s all good?

Question: Is the special relationship between the United States and Israel more special because they are both settler colonies, or is something else going on?