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世有不公之法
我们是要安于循守
还是且改且守 待其功成
或是即刻起而破之?
亨利·大卫·梭罗 语
或是即刻起而破之?
社交新闻娱乐网站 Reddit 的一名创始人被发现身亡 A cofounder of the social, news and entertainment website Reddit has been found dead.
虽然他自己从不这样认为 He certainly was a prodigy,
但他无疑是个奇才 although he never kind of thought of himself like that.
他的心思完全不在 He was totally unexcited about
创业挣钱上面 starting businesses and making money.
海兰帕克镇一片肃穆 There's a profound sense of lost in Highland Park,
这是 亚伦·斯沃茨 的家乡 Aaron Swartz's hometown,
亲朋好友们正在送这道互联网上最亮光束之一最后一程 as loved ones say good bye to one of the Internet's brightest lights.
自由开放存取界和计算机活动家都在悼念他的逝世 Freedom, open access and computer activists are mourning his loss.
认识他的人都说他"才智非凡" "An astonishing intellect", if you talk to people who knew him.
他是被政府逼死的 He was killed by the government
其中麻省理工也背离了它的所有基本原则 and MIT betrayed all of its basic principles.
他们想拿他惩一戒百 They wanted to make an example out of him.
政府的控制欲无穷无尽 Governments have insatiable desire to control.
他有可能要面临35年的监禁 He was potentially facing 35 years in prison
以及一百万美元的罚金 and a one million dollar fine.
我怀疑公诉方过于起劲了 Raising questions of prosecutorial zeal,
我还怀疑这是不是错判了 and I would say even misconduct.
你们有没有深入调查过那一特殊案件并得出什么结论? Have you looked into that particular matter and reached any conclusions?
在长大过程中 我才慢慢发现 Growing up, you know, I slowly had this process of realizing
我身边的所有事 别人跟我说的所有事 that all the things around me, that people had told me were
亚伦·斯沃茨 2010年
那些所谓本来如此 注定如此的事 just the natural way things were, the way things always would be.
它们其实没有非得如此 事情是可以改变的 They weren't natural at all, there were things that could be changed
更重要的是 有些事既然错了 那就该做出改变 and there were things that more importantly were wrong and should change.
自从发现这点后 我似乎有点儿一条道走到黑了 And once I realized that, there was really kind of no going back.
互联网之子
欢迎来到故事阅读时间 Welcome to story reading time.
这本书的名字叫《小熊帕丁顿上集市》 The name of the book is "Paddington at the fair"
他在海兰帕克镇出生成长 Well, he was born in Highland Park and grew up here.
罗伯特·斯沃茨 亚伦的父亲
亚伦有两个兄弟 Aaron came from a family of three brothers,
他们三人都极其活泼 all extraordinarily bright.
哦 箱子要翻倒了 Oh, the box is tipping over...
我们都不是那种特别乖巧的孩子 So we were all, you know, not the best behaved children.
诺亚·斯沃茨 亚伦的弟弟
我们三个孩子总是到处跑闹 You know, three boys running around all the time, causing trouble.
嘿 别 别 别 Hey, no, no no!
-亚伦! -怎么了? -Aaron! -What?
但我逐渐发现亚伦在很小的时候 But I've come to the realization that Aaron learned how to learn
就学会了如何学习 at a very young age.
一 二 三 四 五 六 七 八 九 十 One, two, three, four, five, six, seven, eight, nine, ten...
咚 咚 - Knock, knock!
那是谁啊? - Who's there?
是亚伦 - Aaron.
哪个亚伦啊? - Aaron who?
亚伦·逗乐人 - Aaron Funnyman.
他知道自己想要什么 并一直在追逐目标 He knew what he wanted, and he always wanted to do it.
苏珊·斯沃茨 亚伦的母亲
他总能做成他所想要的事 He always accomplished what he wanted.
他总是充满好奇心 His curiosity was endless.
这张图上画有行星 Here's a little picture of what the planets are.
每个行星都有个符号 And each planet has a symbol.
水星的符号 金星的符号 地球的符号 火星的符号 Mercury symbol, Venus symbol, Earth symbol, Mars symbol...
有一天他对苏珊说 One day he said to Susan:
海兰帕克镇中心的免费家庭娱乐是什么? what's this free family entertainment downtown Highland Park?
他那时才三岁 He was three at the time.
所以她问道 你在说什么 And she said: what are you talking about?
他说 看啊 那冰箱上写着 He said: Look, it says here on the refrigerator,
海兰帕克镇中心的免费家庭娱乐 "Free family entertainment downtown Highland Park".
她愣住了 She was floored
没想到 and astonished that
他竟然会识字了 he could read.
这书叫做 It's called
《我家的逾越节家宴》 "My Family Seder".
逾越节家宴这晚和其他所有夜晚都不一样 That Seder night is different from all other nights.
我记得有一次 I remember once,
我们在芝加哥大学的图书馆里 we were at the University of Chicago Library.
我从架上抽出一本书 那好像是1900年出版的 I pulled a book off the shelf, that was from like 1900.
然后展示给他 看吧 这是个很棒的地方 And showed him: you know, this is an extraordinary place.
我们都是很有好奇心的孩子 We all were curious children,
但亚伦他 but Aaron
真的很喜欢学习和教授 really liked learning and really liked teaching.
我们将要倒着学习字母表 And what we're going to learn is ABC backwards.
Z Y X W V U T Z, Y, X, W, V, U, T...
我记得 I remember
他上完第一堂代数课后 he came home from his first Algebra class.
他好像说 诺亚 让我来教你代数吧 He was like: "Noah, let me teach you Algebra!"
我好像问 代数是什么 I'm like: what is Algebra?
他就总是这样 And he was always like that.
现在要按下按钮 Now let's press click button,
看啊 画面出来了 there! Now it's got that!
现在它是粉色的 Now it's in pink!
在他两三岁时 鲍伯让他接触到了电脑 When he was about two or three years old, and Bob introduced him to computers,
然后他就一发不可收拾 像着了迷一样 then he just took off, like crazy on them.
我们都有电脑 但亚伦是真正地喜欢电脑 We all had computers, but Aaron really took to them,
真正地喜欢互联网 really took to the Internet.
用电脑忙着呢? - Working at the computer?
嗯啊 - Naah..
要怎么... - How c...
妈妈 怎么都不管用了? mommy, why is nothing working?
他很小的时候就开始编程了 He started programming from a really young age.
我记得我俩第一次编程用的是Basic语言 I remember the first program that I wrote with him was in Basic,
本·斯沃茨 亚伦的弟弟
写了个《星球大战》问答游戏 and it was a Star Wars trivia game.
他和我在放有电脑的地下室里 He sat down with me in the basement, where the computer was,
耗费数小时写了这么个游戏 for hours, programming this game.
我们之间的不同点在于 The problem that I kept having with him is that
我所想的事都没有一件做成的 there was nothing that I wanted done.
而对于他 And to him,
总有事情要解决 there was always something to do,
总有编程能解决的事情 always something that programming could solve.
在亚伦看来 The way Aaron always saw it,
编程是奇妙的 is that programming is magic.
你能借它完成常人完成不了的事 You can accomplish these things that normal humans can't.
之后我们造了台 ATM 机 Then we made an ATM,
用的是一台 MacIntosh 和一个硬纸箱 using like a MacIntosh and like a cardboard box.
有一年的万圣节里 我还没 One year for Halloween, I didn't
想好要装扮成什么 know what I wanted to be,
而他认为我要是装成他最喜欢的新电脑 那就帅呆了 and he thought it would be really cool if I dressed up like his new favorite computer,
那时他的新欢是初版的 iMac which at the time was the original iMac.
他自己讨厌万圣节变装 I mean, he hated dressing up for Halloween
但他喜欢说服别人去打扮成他喜欢的这些东西 but he loved convincing other people to dress up in these things that he wanted to see.
主持人亚伦 停了 Host Aaron, stop!
伙伴们 来吧 看着摄像机 Guys, come on, look at the camera!
他做了这么个网站 He made this website
叫 The Info called The Info,
在这上面 人们可以录入信息 where people could just fill in the information
肯定有人对黄金 金箔了如指掌 I'm sure someone out there knows everything about gold, gold leafing.
那何不就到这网站上写一写呢 Why they don't write about that on this website?
这样后面的人就能上来阅读这些信息 And then other people can come at a later point and read that information,
并修改他们认为不妥的地方 and edit the information if they thought it was bad.
这和维基百科差不多是吧 Not too dissimilar from Wikipedia, right?
但这可比维基百科要早 And this was before Wikipedia begun,
且建站者就12岁 and this is developed by a 12 year old,
就在自己房间里 in his room,
就自己一个人 by himself,
服务器又小 running on this tiny server,
技术又旧 using ancient technology.
有一位老师好像是这么说的 One of the teachers response was, like:
"这想法太可怕了 你不能让随便一个人都能编写百科全书" "This is a terrible idea, you cant' just let anyone author the encyclopedia.
"我们培养学者就是要让他们来为我们写这类书的" The whole reason we have scholars is to write these books for us.
"你怎么会有这么个可怕的想法呢" How did you have such a terrible idea?"
我和我另一个兄弟以后都觉得 Me and my other brother will go, like:
"哦 维基百科确实不错" "Oh, you know, Wikipedia is cool,
"但我们家5年前就有类似的了" but we had that in our house, like, five years ago".
亚伦的 theinfo.org 网站 Aaron's website, theinfo.org,
赢得了一场学校比赛 wins a school competition
主办方 Ars Digita 网页设计公司的成员主要来自剑桥 hosted by the Cambridge-based web design firm Ars Digita.
剑桥(Cambridge) 位于美国马萨诸塞州 紧邻波士顿
他赢得 Ars Digita 奖后 我们都去了剑桥 We all went to Cambridge when he won the Ars Digita prize
但我们对亚伦所做的完全没概念 and we had no clue what Aaron was doing.
就只清楚这个奖十分有分量 It was obvious that the prize was really important.
亚伦很快就进入了网上的编程社区 Aaron soon became involved with online programming communities,
并参与创造一个网络新工具 then in the process of shaping a new tool for the web.
他来对我说 本 He comes up saying to me like: Ben,
我正在做一件很棒的事 there's this really awesome thing that I'm working on.
你得听听 You need to hear about it!
我说 好啊 是什么 And I'm like: yeah, what is it?
他说 这东西叫 RSS And he says: It's a thing called RSS.
然后他解释了 RSS 是什么 And he explains me what RSS is.
我问 亚伦 这东西怎么会有用呢 And I'm like: why is that useful, Aaron?
有网站在用这个吗 我为什么要用它呢 Is any site using it, like why would I want to use it?
有个邮箱列表上面都是 RSS 的构建组员 There is this mailing list for people who are working on RSS,
或干脆说是 XML 吧 and XML more generally.
上边有个叫 亚伦·斯沃茨 的 And there's a person on it named Aaron Swartz,
他虽犀利却又很聪明 who is combative but very smart
科利·多克托罗 作家 活动家 记者 亚伦的朋友
有着很多好想法 and who had lots of good ideas
他从不参与线下见面会 and he'd never come to the face to face meetings,
所以大伙儿就问了 and they said, you know,
你打算何时来参加一场线下见面会呢 when are you gonna come to any of these face to face meetings?
他答道 我觉得我妈不会放我走的 And he said: you know, I don't think my mom would let me.
我才刚满14岁 I'm.. I've just turned 14.
所以大伙儿的第一反应就是 这家伙 So their first reaction was, you know, this person,
这位我们与之工作了一整年的同事 this colleague we'we been working with all year is...
在我们共同工作时才13岁 现在才刚满14岁 was 13 years old while we were working with him, and he's only 14 now.
然后他们的第二反应就是 天啊 我们一定得见见这人 And their second reaction was: Christ, we really want to meet him!
这真不可思议 That's extraordinary!
他是 RSS 构建组中的一员 He was part of the committee that drafted RSS.
他所做的是帮现代超文本架设管道 What he was doing was to help build the plumming for modern hypertext.
他所做的那个 RSS The piece that he was working on, RSS,
彼得·埃克斯利 电子前哨基金会 技术总监 亚伦曾经的室友
是一种能让你聚合其它网页内容的工具 was a tool that you can use to get summaries of things that are going on on other web pages.
最常见的就是被用来订阅博客 Most commonly, you would use this for a blog.
你可能有10或20个人的博客要读 You might have 10 or 20 people's blogs you wanna read.
订阅了他们的 RSS 后 这些博客的更新内容摘要 You use their RSS feeds, these summaries of what's going on on those other pages
就会汇聚成一张内容更新单 to create a unified list of all the stuff that's going on.
亚伦十分年轻 Aaron was very young,
但他掌握了技术 but he understood the technology
他看到了不完美 并试着去帮忙完善它 and he saw that it was imperfect and looked for ways to help make it better.
后来他妈妈把他送上了芝加哥的飞机 So his mom started bundling him on planes in Chicago,
我们在旧金山接到了他 we'd pick him up in San Francicso.
我们介绍他去和一些有趣的人论辩 We'd introduce him to interesting people to argue with,
我们惊诧于他那恐怖的饮食习惯 and we'd marvle at his horriffic eating habits.
他只吃白色的食物 比如蒸米饭 He only ate white food, only like steamed rice
而不吃炒饭 因为那很显然不够白 and not fried rice 'cause that wasn't sufficiently white
还吃白面包什么的 and white bread, and so on...
你还会惊讶于从这个小男孩口中出来的 And you kind of marvled at the quality of the debate emerging from this,
辩论质量之高 what appeared to be a small boy's mouth.
你会想 如果这孩子没屈死的话 那他定能走得很远 And you'd think, this is a kid that's really going to get somewhere if he doesn't die of scurvy.
亚伦 该你讲了 Aaron, you're up!
我认为不同的是 现在你没法让公司像 dotcoms 公司那样 I think the difference is that now you can't make companies like dotcoms.
你没法让公司 You can't have companies that
只用网络来卖狗粮 或只用电话来卖狗粮 just sell dog food over the Internet, or sell dog food over cell phones.
但仍有很多创新在进行着 But there's still a lot of innovation going on.
想想吧 如果你看不到创新 那也许是你的头还埋在沙里 Think that maybe if you don't see the innovation, maybe your head is in the sand!
他身上流露着一种典型的呆子气 He takes on this, like an alpha nerd personality,
他给人的感觉就像是 where he's sort of like:
"我比你聪明 因为我比你聪明" "I'm smarter than you, and because I'm smarter than you.
"我比你强 所以我能告诉你该做什么" I'm better than you, and I can tell you what to do".
往大点说 It's an extension of, like,
他有点儿像是个蠢货 him being kind of like a twerp.
所以你们把所有这些电脑联结起来 让它们来解决大问题 So you aggregate all these computers together and now they're solving big problems
比如寻找外星人 寻找癌症解药等 like searching for aliens and trying to cure cancer.
我们的初次相遇是用的 IRC 即互联网中继聊天 I first met him on IRC, or Internet Relay Chat.
蒂姆·伯纳斯-李 万维网的发明者
他不只会写代码 He didn't just write code,
他还能让别人为他解决了问题而激动 he also got people excited about solving problems he got.
他就是个连接器 He was a connector.
他十分热衷于自由文化运动 The free culture movement, he had a lot of this energy.
我觉得亚伦是想让这个世界上道 I think Aaron was trying to make the world work.
他在努力修补这个世界 He was trying to fix it.
他有着极强的个性 这有时就会得罪人 He had a very kind of strong personality, that definitely ruffled feathers at times.
加布里埃尔·科尔曼 麦吉尔大学 沃尔夫科技委员会主席
他也不总是 It wasn't necessarily the case that
与这世界和和睦睦的 he was always comfortable in the world
而这世界对他也不总是和和睦睦的 and the world wasn't always comfortable with him.
亚伦上了中学后 Aaron got into high school
他可烦死了学校 and he was really just sick of school.
他不喜欢上中学 He didn't like it,
他不喜欢所学的任何课程 he didn't like any of the classes that were being thaught,
他不喜欢那些老师 he didn't like the teachers.
亚伦他真的知道如何获取信息 Aaron really knew how to get information.
他好像觉得 我没必要去跟这老师学几何 He was like: "I don't need to go to this teacher to learn how to do geometry.
我自己读读几何课本就懂了 I can just read the geometry book.
我也没必要去跟这老师学习 And I don't need to go to this teacher to learn
他们口中的美国历史 their version of American history,
我自己就有 like I have like
三册史料辑 我读它们就够了 three historical compilations here, I could just read them.
我对那些也没兴趣 我所感兴趣的是 And I'm not interested in that, I'm interested in
网络 the web".
我对学校十分失望 I was very frustrated with school,
给SpunOut.ie的 一次采访 2010年
我觉得老师们根本不懂自己所讲的是什么 I thought the teachers didn't know what they were talking about.
他们居高临下 管这管那 They were domineering and controlling,
作业就像是种把戏 就好像 the homework was kind of a sham and it was all just like
只是一种强制所有学生一起庸庸碌碌的手段 all about a way to pen students all together and force them to do busy work.
于是我就开始去阅读那些关于 And, you know, I started reading books about
教育史和这套教育体系演变的书籍 the history of education and how this educational system was developed.
然后你就能发现 如果要真正学到东西 Then, you know, alternatives to it and ways that people could actually learn things
那就不能机械重复老师所教的 as opposed to just regurgitating facts that teachers told them.
这有点儿使得我渐渐学会了质疑 And that kind of led me down this path of questioning things,
我质疑我所上的学校 once I questioned the school I was in,
我质疑建立这所学校的这个社会 I questioned the society that built the school,
我质疑学校教人们追求的那套事理 I questioned the businesses that the schools were training people for,
我质疑建起这整个体系的政府 I questioned the government that set up this whole structure.
他最热衷的东西之一便是版权 One of the thing he was most passionate about was copyright,
在早些日子里更是如此 especially in those early days.
版权对出版业和读者一直都有点儿像是个负担 Copyright has always been something kind of a burden on the publishing industry and on readers,
不过它一开始并非累赘 but it wasn't an eccessive burden,
这一制度早就确立 得来有因 it was a reasonable institution to have in place,
本意是要保证著作人获得报酬 to make sure that people got paid.
亚伦这代人所经历的是 What Aaron's generation experienced was
这一古老的版权制度冲撞向了 the collision between this antique copyright system
我们正营建着的美好新生体 互联网 and this amazing new thing we were trying to build, the Internet and the Web.
这些事物相互碰撞 These things collided,
我们则面临着一片混乱 and what we got was chaos.
后来他见到了哈佛法学教授 劳伦斯·莱斯格 He then met Harvard's Law professor Lawrence Lessig,
该教授后来在最高法院挑战版权法 who was then challenging copyright law in the Supreme Court.
年幼的亚伦·斯沃茨飞到华盛顿参加了最高法院的听证会 The young Aaron Swartz flew to Washington to listen to the Supreme Court hearings.
我是亚伦·斯沃茨 我来这里听取埃尔德雷德 I am Aaron Swartz and I'm here to listen to the elder,
来看埃尔德雷德一案的 to see the elder.
你为什么从芝加哥飞来这儿看埃尔德雷德 Why did you fly out here from Chicago and come all this way to see the elder that you met?
这问题难多了 That's a more difficult question...
我也不知道 I don't know.
看到最高法院很令人激动 尤其是在这么轰动的一场案子里 It's very exciting to see the Supreme Court, especially in such a prestigious case as this one.
莱斯格同时也在网上推行着一种定义版权的新方式 Lessig was also moving forward with a new way to define copyright on the Internet.
它叫做 知识共享 It was called Creative Commons.
简单来讲 知识共享就是要给人们 So the simple idea of Creative Commons is to give people,
给创作者 creators,
劳伦斯·莱斯格 哈佛大学爱德蒙·萨夫拉基金会 伦理学中心的主管 知识共享的创始人
提供一种对自己的创意作品标明自由程度的方式 a simple way to mark their creativity with the freedoms they intended to carry.
所以如果说传统版权是 保留所有权利 的话 So if copyright is all about "All rights reserved",
那么这一模式就是 保留部分权利 then this is a kind of a "Some rights reserved" model.
我要的是一种简单的方式来告诉你 你对我的作品能做的有这些事 I wanted a simple way to say to you: here is what you can do with my work,
哪怕其它的事还得先征求我的许可才能做 even if there are other things which you need to get my permission before you could do.
而亚伦便是负责电脑端的实现 And Aaron's role was the computer part.
就像是你要怎么构建这些许可 Like how do you architect the licenses
才能让它们足够简单 足够明白 且写出来后 so they'll be simple and understandable and expressed in a way so that
能让机器执行操作 machines can process it.
人们不明白 你为什么让一个 And people were like: why do you have this
15岁的小孩来写 知识共享 的具体规范呢 15 years old kid writing the specifications for Creative Commons?
你不觉得这是个大错误吗 Don't you think that's a huge mistake?
但拉里觉得 不听这小孩的才会是我们的最大失误 And Larry's like: the biggest mistake we would have is not listening to this kid.
他几乎都没讲台高 He barely is not even tall enough to even get over the podium.
而讲台又是不可调节的 所以那显得挺怪的 And it wasn't this movable podium so it was this embarrassing thing,
他一把屏幕立起来 就没人看得到他的脸了 where once he put his screen up nobody could see his face.
你登上我们网站这里 When you come to our website here,
知识共享发布 2002年
它会让你 选择一种许可 and you go to "Choose license",
它列了几个选项 并作了解释 you get to this list of options, it explains what it means,
你面对的只是三个简单问题 and you've three simple questions:
是否要求署名 Do you want to require attribution?
是否允许商业用途 Do you want to allow commercial uses of your work?
是否允许修改 Do you want to allow modifications of your work?
我呆住了 I was floored,
完全惊讶于这些大人们也把他当做一个成年人 just completely flabbergasted that these adults regarded him as an adult.
亚伦就站在所有听众面前 And Aaron stood up there in fromt of a whole audience full of people
然后开始谈论 and just started talking about
他为 知识共享 搭建的那一平台 the platform that he'd created for Creative Commons.
大家也都在听取他的发言 And they were all listening to him. Just...
我坐在后面 想着 I was sitting at the back, thinking:
你只是个孩子 为什么他们会听你的 You're just a kid, why are they listening to you?
但他们还真就在听 But they did...
其实我不是很理解这事 Well, I don't think I comprehended it fully.
虽然有批评指出这不足以保证艺术家能用自己的作品挣钱 Though critics have said it does little to ensure artists get paid for their work,
但 知识共享 仍取得了巨大成功 the success of Creative Commons has been enormous.
目前单单是在 Flickr 一个网站上 Currently on the website Flickr alone,
就有2亿多人在使用 知识共享 的某些许可形式 over 200 million people use some form of Creative Commons license.
他贡献了自己的技术能力 He contributed through his technical abilities,
但这之于他又不仅仅是个技术问题 and yet it was not simply a technical matter to him.
亚伦常在自己的博客上坦率写道 Aaron often wrote candidly in his personal blog:
我总是深入思考 我希望别人也能想远一点 I think deeply about things, and I want others to do likewise.
我为理想而工作 并从别人身上学习 我不喜欢拒人于外 I work for ideas and learn from people. I don't like excluding people.
我是个完美主义者 但我不会要求出版界也精益求精 I'm a perfectionist, but I won't let that get in the way of publication.
除了教育和娱乐以外 Except for education and entertainment,
我不会浪费时间在那些不会有影响的事情上 I'm not going to waste my time on things that won't have an impact.
我试着和每个人都友好相处 I try to be friends with everyone,
但我讨厌人们不认真对待我 but I hate it when you don't take me seriously.
我不忌恨他人 因为这于创造无益 I don't hold grudges, it's not productive,
但我从自身经历中学习 but I learn from my experience.
我想让世界变得更美好 I want to make the world a better place.
2004年 斯沃茨离开海兰帕克镇 入读斯坦福大学 In 2004, Swartz leaves Highland Park and enrolls in Stanford University.
他患有糟心的溃疡性结肠炎 He'd had ulcerative colitis which was very troubling
我们十分担心他的用药 and we were concerned about him taking his medication.
他住院治疗过 每天还都吃一大堆药丸 He got hospitalized and he would take this cocktail of pills every day.
其中有种药所含的类固醇阻缓了他的发育 And one of those pills was a steroid which stunted his growth,
这让他觉得自己跟其他学生不一样 and made him feel different from any of the other students.
我觉得对亚伦来说 进斯坦福 争取奖学金 Aaron, I think, shows up at Stanford ready to do scholarship
给那些成绩超群的高中生陪读 and finds himself in effectively a babysitting program for overachieving high-schoolers
科利·多克托罗 作家 活动家 记者 亚伦的朋友
等他们四年后出来成为 who in four years are meant to become
业界领袖 captains of industry
人中之龙 and one-percenters
我觉得这会让他疯掉的 and I think it just made him bananas.
2005年 读了只一年大学后 In 2005, after only one year of college,
斯沃茨被邀请入职到一家新兴的企业孵化器 名叫 Y Combinator Schwartz was offered a spot at a new start-up incubation firm called Y Combinator,
它的领导者是 保罗·格雷厄姆 lead by Paul Graham.
他就像是 嘿 我对建网站有这么个想法 He's like, "Hey, I have this idea for a website."
然后保罗·格雷厄姆也很喜欢他 好啊 来吧 And Paul Graham likes him enough, and says, "Yeah, sure."
突然间他就退学 并搬到了 Suddenly he drops out of school, moves
这间公寓 to this apartment...
这就是亚伦当初搬来住着的公寓 So this used to be Aaron's apartment when he moved here.
波士顿
我依稀记得 I have vague memories of
我父亲跟我说租这么间房有多么麻烦 my father telling me how difficult it was to get a lease
因为亚伦既没信用卡 且还辍学了 'cause Aaron had no credit and he dropped out of college.
亚伦当初住的就是现在的客厅 Aaron lived in what's now the living room
有些海报还是亚伦当初住着的时候留下的 and some of the posters are leftovers from when Aaron lived here.
这是图书室 里面的书更多 And the library... there are more books,
不过许多书都是亚伦的 but a lot of them are Aaron's.
亚伦在 Y Combinator 建的网站叫 infogami Aaron's Y Combinator site was called infogami,
它是用来建网站的工具 a tool to build websites.
但 infogami 的用户并不多 But infogami struggles to find users,
最终斯沃茨把他这公司并入了 and Swartz eventually merges his company
Y Combinator 的另一家有需要的公司 with another Y Combinator project in need of help.
那是史蒂夫·霍夫曼和亚历克西斯·奥海宁主管的项目 It was a project headed by Steve Huffman and Alexis Ohanian,
名叫 Reddit called reddit.
我们几乎是平地起楼 That we were, starting from almost nothing.
没有用户 没有资金 没有代码 No users, no money, no code,
一天天成长才变为这么个广受欢迎的网站 and growing day by day into a hugely popular website.
而且还没有要停下的迹象 And it showed no signs of letting up,
起先我们有了1000名用户 然后是1万 接着2万 还在增 还在增 first we had 1000 users, then 10000, then 20000 and on, and on...
真是太不可思议了 It was just incredible...
Reddit 做大了 Reddit becomes huge
它真有点儿是互联网上的一大怪景 and it's a real sort of geeky corner of the Internet.
网站上面有很多幽默 There's a lot of humor,
有很多艺术 there's a lot of arts,
人们都挤着上这网站 and there's just people who flocked to the site
这网站成了他们每天早晨获取新闻的主要地方 and made that site the main site they go to every morning to get their news.
Reddit 在某种程度上近乎混乱 Reddit kind of just borders on chaos at some levels,
一方面人们在它上面谈论着 so on the one hand it's a place where people discuss
新闻 技术 政治等问题 news of the day, technology, politics and issues,
但是上面也有很多儿童不宜或充满攻击性的材料 and yet there is a lot of kind of Not Safe For Work material, offensive material,
有些引战魔在上面找到了归属感 there are some sub-reddits where trolls find a welcome home
所以从这意义上讲 Reddit一直都是争论的中心 and so, in that sense reddit has been kind of home to controversy, as well.
它有点儿像是位于混乱边缘 It kind of sits on that edge of chaos.
Reddit引起了企业杂志巨头康泰纳仕的关注 Reddit catches the attention of the corporate magazine giant Condé Nast,
后者提出要收购Reddit who makes an offer to buy the company.
其出价不菲 以至于 Some large amount of money, large enough
我爸老是念叨着 that my dad was getting bugged with questions about like:
我得怎么 "How do I
存放 store
这笔钱 this money?"
那是很大一笔钱 - Like a lot of money...
是很大一笔钱 - Like a lot of money.
好像 Like...
可能有 probably...
100万美金还要多 more than a million dollars,
具体数额我不知道 but I don't actually know.
那时候亚伦几岁 - And he's how old at the time?
19还是20吧 - 19 - 20...
就是在这间公寓里 So it was in this apartment,
他们一起坐在以前的沙发上 they sat around on what predated these couches
运维着Reddit hacking on Reddit,
当他们卖掉Reddit后 and when they sold Reddit
他们办了个巨大的派对 they threw a giant party,
第二天他们都跑去了加州 把钥匙留给我看着 and then all flew out to California the next day and left the keys with me.
这挺有趣的 It was funny, you know,
他刚卖掉了自己的新公司 我们都觉得身边就他最有钱了 he'd just sold his start up so we all presumed he was the richest person around
但是他说 but he said,
哦 不 我只要这间小房间就够了 "Oh no, I'll take this tiny little shoe-box sized room. That's all I need."
那房间也就比衣橱稍大点 It was barely larger than a closet.
要他拿自己的钱去 The idea of him spending his money on
享乐简直没有可能 fancy objects just seemed so implausible.
他是这么解释的 He explains it as
我喜欢住在公寓里 所以我不会花很多钱去找新地方来住 "I like living in apartments so I'm not going to spend a lot of money on a new place to live,
我是不会买豪宅的 I'm not gonna buy a mansion.
我喜欢穿着牛仔裤和T恤 And I like wearing jeans and a T-shirt,
所以我也不会在穿着上浪费钱 so I'm not going to spend any more money on clothes.
所以这真的没什么 So it's really no big deal."
斯沃茨真正关心的是互联网流量的流动 What is a big deal to Swartz is how traffic flows on the internet.
以及我们注意力的去向 And what commands our attention.
在旧的传播系统中 In the old system of broadcasting,
来自电影《赶走电影2》
你从根本上受限于电波的空间总量 you're fundamentally limited by the amount of space in the airwaves.
通过电波 电视 你只能播出10个频道 You can only send out ten channels over the airwaves, television
算上电缆 让你有500个频道吧 or even with cable, you had 500 channels.
而在互联网上 每个人都能建一个频道 On the Internet, everybody can have a channel.
每个人都能建一个博客 或是Myspace空间 Everyone can get a blog, or a Myspace page.
每个人都能有表达自我的方式 Everyone has a way of expressing themselves.
现在的问题不是谁有权能去播送 What you see now is not a question of who gets access to the airwaves,
而是谁控制着你接触他人的方式 it's a question of who gets control over the ways you find people.
现在不难看到 权力正集中到像谷歌这样的网站上 You know, you start seeing power centralizing in sites like Google,
他们有点儿像是门卫 指着你在网上该去何处 they are sort of gate-keepers that tell you where on the internet you want to go.
他们给你提供着新闻和资讯来源 The people who provide you your sources of news and information.
所以关键不是只有某些人有权发声的问题 So it's not only certain people have a license to speak,
现在每个人都能发声 问题是谁的声音能被听到 now everyone has a license to speak. It's a question of who gets heard.
康泰纳仕的旧金山办公室 《连线》杂志和Reddit
到旧金山在康泰纳仕上班后 After he started working in San Francisco at Condé Nast,
他开始坐办公室 he comes into the office
他们给他用的电脑上装满了各种垃圾 and they want to give him a computer with all this crap installed on it
并且还不允许他自己安装新东西 and say he can't install any new things on his computer,
这对于一个开发者来说简直离谱 which to developers is outrageous.
从第一天起 他就在抱怨这个那个 From the first day he was complaining about all the stuff.
灰墙 灰桌子 灰噪声 "Gray walls, gray desks, gray noise.
我第一天来这儿 我就对不上眼 The first day I showed up here, I simply couldn't take it.
到了午饭时 我真是把自己锁在了厕所隔间 开始哭泣 By lunchtime, I had literally locked myself in a bathroom stall and started crying.
有人整天在我耳边絮叨时 我就没法保持理智 I can't imagine staying sane with someone buzzing in my ear all day
工作更是做不下去 Let alone getting any actual work done.
其他人好像也都没干完什么活儿 Nobody else seems to get work done here either
每个人都总是来我们办公室闲逛瞎聊 Everybody's always coming into our room to hang out and chat,
或是邀请我们去玩《连线》正测评的新电游 or invite us to play the new video game system that Wired is testing."
他在政治上真的有着不一般的诉求 He really had different aspirations that were politically oriented.
而硅谷的文化中就是缺乏那种 And Silicon Valley just doesn't really quite have that culture
技术活动支援政治目标的导向 that orients technical activity for the purposes of political goals.
亚伦讨厌为企业工作 Aaron hated working for a corporation.
他们都讨厌在康泰纳仕工作 但只有亚伦不向它妥协 They all hate working for Condé Nast, but Aaron is the only one who is not going to take it.
于是亚伦就再也不去上班 And Aaron basically gets himself fired.
基本上就让自己炒鱿鱼了 By not showing up to work, ever.
据说那是场混乱的散伙 It was said to be a messy break-up.
史蒂夫·霍夫曼和亚历克西斯·奥海宁都拒绝接受本片采访 Both Alexis Ohanian and Steve Huffman declined to be interviewed for this film.
他拒绝了那个商业世界 He rejected the business world.
有件非常值得注意的事情是 One of the really important things to remember about
奎因·诺顿 《连线》杂志自由作家
当亚伦选择离开创业环境时 that choice when Aaron decided to leave start-up culture is that
他也是在放弃那些可能令他 he was also leaving behind the things that had made him
出名 受爱戴的机会 他当时 famous and well-loved. He was
冒着辜负粉丝的风险 at risk of letting down fans.
他得去他应去的地方 He got to where he was supposed to be going,
带着自觉和固执 他意识到 and had the self-awareness and the orneriness to realize
他之前爬上了这破山来采摘 that he had climbed the mountain of shit to pluck
那一朵玫瑰 却发现自己已闻不到花香 the single rose and discovered that he'd lost his sense of smell.
与其坐在那儿 假装一切都还可以 And rather than sit there and insist that it wasn't as bad as it seemed,
至少确实也采到了玫瑰 and he did get the rose in any event,
但他还是爬回了山下 he climbed back down again,
这真是帅呆了 which is pretty cool.
亚伦总是认为 The way Aaron always thought it
编程是神奇的 is that programming is magic.
通过编程 你能完成常人所不能的事 You can accomplish these things that normal humans can't, by being able to program.
所以如果你有着神奇力量 So if you had magical powers,
你是会用它来做好事 还是来为自己挣大钱 would you use them for good, or to make you mountains of cash?
斯沃茨的启蒙来自他儿时所见过的一位远见卓识者 Swartz was inspired by one of the visionaries he had met as a child.
那人是创造了万维网的 The man who had invented the World Wide Web,
蒂姆·伯纳斯-李 Tim Berners-Lee.
在90年代 伯纳斯李可以说是手握着 In the 1990s, Berners-Lee was arguably sitting on
20世纪最有钱景的发明之一 one of the most lucrative inventions of the 20th century.
不过他没有用万维网这一发明来牟利 But instead of profiting from the invention of the World Wide Web,
而是让其免费公用 he gave it away for free.
今天能有万维网全赖与此 It is the only reason the World Wide Web exists today.
亚伦毫无疑问 Aaron is certainly
深受蒂姆的影响 deeply influenced by Tim.
蒂姆无疑是位非常杰出的早期互联网天才 Tim is certainly a very prominent early Internet genius,
但从各方面讲他并不有钱 who doesn't in any sense cash out.
他一点也不关心怎样才能赚到大钱 He's not at all interested in how he's going to figure out how to make a billion dollars.
人们说着 哈 搭个网络能挣钱 People were saying, "Ah there's money to be made there",
蒂姆·伯纳斯-李 万维网的发明者
于是就有了很多的小网络 so there would have been lots of little webs.
但就是没有一个大网络 Instead of one big one.
而一个小网络 许多个小网络是没用的 And one little web, all sorts of webs doesn't work,
因为你没法在网络间跳转链接 because you can't follow links from one to the other.
你必须要有最关键的大众用户 遍及全球的用户 You had to have the critical masses, the thing was the entire planet,
所以只有整个世界都联网了才有用 so it's not going to work unless the whole planet can get on board.
我深深地觉得 I feel very strongly that
光安生于当下这世界是不够的 it's not enough to just live in the world as it is,
那样子只是别人给什么你就照收 it's just kind of take what you're given,
大人们说什么你就照做 and you know follow the things that adults told you to do,
你照着父母说的去做 照着社会说的去做 and that your parents told you to do, and that society tells you to do.
我觉得你应该总持有质疑 I think you should always be questioning.
我觉得从科学的态度看 I take this very scientific attitude,
你所学的一切都只是暂时性的 that everything you've learned is just provisional,
任何所学都有改口 驳斥 质疑的余地 you know, it's always open to recantation or refutation or questioning,
我觉得这情况对社会也适用 and I think the same applies to society.
当我意识到社会上有着 Once I realized that there were
我能尽份力去解决的真正严重的 基础性的问题时 real serious problems, fundamental problems that I could do something to address,
我没法去遗忘它 回避它 I didn't see a way to forget that, I didn't see a way not to.
我们就是开始花很多时间在一起 就像是成了朋友 We just started spending a lot of time, just kind of as friends.
我们会一直交谈好几个小时 直到夜里 We would just talk for hours, into the night.
我当然应该知道 他是在跟我调情 I definitely should have understood that he was flirting with me.
我觉得在某种程度上我认为 I think to some degree I was like,
这是个可怕的想法 且不可能的 所以我会装作什么都没发生 this is a terrible idea, and impossible, and therefore I will pretend it is not happening.
当我婚姻破裂时 我真的无处可去 As my marriage was breaking down and I was really stuck without anywhere to go,
我们成了室友 我还把女儿带了过来 we became roommates, and I brought my daughter over.
我们搬了进来 添置家具 那真是一派祥和 We moved in and furnished the house, and it was really peaceful.
我的生活已经好一阵子没安定了 而他也是这样 My life had not been peaceful for a while, and really neither had his.
我们确立恋人关系 We were extremely close
并一开始就十分亲近 from the beginning of our romantic relationship.
我们就... 我们在不断地联系 We just...we were in constant contact.
但我俩都是很不好相处的人 But we're both really difficult people to deal with.
在某次讨论《甜心俏佳人》时 他承认自己有首很喜欢的歌 In a very Ally McBeal discussion he confessed he had a theme song,
我让他演奏了给我听 and I made him play it for me.
歌名叫 Extraordinary Machine 歌手是 Fiona Apple It was Extraordinary Machine, by Fiona Apple.
我觉得这首歌听起来有点儿 I think it was just that sense of being a little bit embattled
山穷水尽 that the song has.
但歌中又还带着点希望 And it also had this hopefulness to it.
在许多方面上 亚伦 In many ways, Aaron
都对生活极其乐观 was tremendously optimistic about life.
虽然他自己可能不觉得 Even when he didn't feel it,
但他对生活是极其乐观的 he could be tremendously optimistic about life.
你在做什么 - What are you doing?
现在能传视频到 Flicker 了 - Flicker has video now.
斯沃茨把精力投入到了一连串的有关 Swartz threw his energy into a string of new projects
获取公共信息的新项目中 involving access to public information.
其中就有个问责网站叫 Watchdog.net Including an accountability webside called Watchdog.net
还有个项目叫 开放图书馆 and a project called The Open Library.
开放图书馆项目就是个网站 你可以登上 openlibrary.org So the Open Library Project is a website you can visit at openlibrary.org
它的目标是一个巨大的维基 让每本书都有个对应的可编辑网页 and the idea is to be a huge wiki, an editable website with one page per book.
所以对于每本已出版的书籍 So for every book ever published,
我们希望给它建个页面 填上所有相关信息 we want to have a web page about it that combines all the information
把出版商 经销商 图书馆 读者 from publishers, from booksellers, from libraries, from readers
汇聚到一个网站 然后给出链接 onto one site. And then gives you links
让你知道哪里能购买或借阅这本书 where you can buy it, you can borrow it, or you can browse it.
我爱图书馆 我这人一到一个新的城市 I love libraries. I'm the kind of person who goes to a new city
就会立马搜寻城里的图书馆 and immediately seeks out the library
开放图书馆的梦想就是 建起这么个网站 That's the dream of Open Library, is building this website
连接起书籍与书籍 读者与作者 纸张与思想 where both you can leap from book to book, from person to author, from subject to idea.
这棵硕大的知识树 Go through this vast tree of knowledge
已被巨大的实体图书馆所遮藏得难以得见 that's been embedded and lost in big physical libraries, that's hard to find,
图书馆的网上查阅功能也很差 that's not very well accessible online.
这项目十分重要 因为书籍是我们的文化遗产 It's really important because books are our cultural legacy.
人们把事情记在书籍里 Books are the place people go to write things down,
而让一家机构独吞所有书籍 and to have all that swallowed up by one corporation
是不可想象的 is kind of scary.
你要怎么才能把公共存取 How can you bring public access
带入公共领域? to the public domain?
虽然表面上看来 It may sound obvious
公众已能获取公共版权物 that you'd have public access to the public domain,
布鲁斯特·卡尔 互联网档案馆的创立者和图书管理员
但其实不然 but in fact it's not true.
因为公共领域就应对所有人开放 So the public domain should be free to all,
但它却经常被锁着 but it's often locked up.
它经常被守卫着 就像是一座国家公园 There's often guard cages. It's like having a national park
却围着护城河 架着炮塔 but with a moat around it, and gun turrets pointed out,
谨防着有人真的来享用公共版权物 in case somebody may want to actually come and enjoy the public domain.
亚伦尤其感兴趣的一件事就是 One of the things Aaron was particularly interested in was
把公共存取带入公共领域 bringing public access to the public domain.
这也是给他带来诸多麻烦的事情之一 This is one of the things that got him into so much trouble.
我一直试着要获取 I had been trying to get access
斯蒂芬·舒尔茨 哈佛大学 伯克曼互联网与社会 研究中心 前职员
美国的联邦法庭记录 to federal court records in the United States.
但我遇上了一个费解的系统 What I discovered was a puzzling system,
它叫做 Pacer called Pacer.
是电子司法卷宗公共存取系统的缩写 Which stands for Public Access to Court Electronic Records.
我开始上谷歌搜它 I started Googling,
就这样我遇上了卡尔·马拉默德 and that's when I ran across Carl Malamud.
在美国获取法律材料 Access to legal materials in the U.S. is
每年带来100亿的生意 a $10 billion per year business.
Pacer就是这么项令人憎恶的政府服务 Pacer is just this incredible abomination of government services.
卡尔·马拉默德 Public.Resource.Org 的创始人
看一页就要10美分 这是你见过的最无脑的代码 It's 10 cents a page, it's this most brain dead code you've ever seen.
你在上面没法检索 没法做书签 You can't search it, you can't bookmark anything.
你得用信用卡去买 You've got to have a credit card,
但这些都是公共记录啊 and these are public records.
美国的地区法院是非常重要的 U.S. district courts are very important,
我们很多的开创性诉讼就都始于那儿 it's where a lot of our seminal litigation starts.
有民权案件 专利案件 各种各样的案件 Civil rights cases, patent cases, all sorts of stuff.
记者 学生 市民 律师都需要用到 Pacer Journalists, students, citizens and lawyers all need access to Pacer
他们一直受制于它 and it fights them every step of the way.
没钱的人要想阅览法律 People without means can't see the law
就得比持有美国运通金卡的人费劲 as readily as people that have that gold American Express card.
获取司法制度还要缴人头税 It's a poll tax on access to justice.
法律应是我们民主制的操作系统 You know the law is the operating system of our democracy
蒂姆·奥莱利 奥莱利媒体公司的创始人
但阅览它竟然还得交钱 and you have to pay to see it?
这还好意思说是一种民主制 You know, that's not much of a democracy.
他们每年用 Pacer 这系统赚了约有1.2亿美元 They make about 120 million dollars a year on the Pacer system
而根据他们自己的记录 其成本几乎为零 and it doesn't cost anything near that, according to their own records.
且事实上 它还是合法的 In fact, it's illegal.
2002年颁行的《电子政务法案》规定 The E-government Act of 2002 states
法院可以收取必要之费用 that the courts may charge only to the extent necessary,
以供 Pacer 之运行 in order to reimburse the costs of running Pacer.
作为 Public.Resource.Org 的创始人 As the founder of Public.Resource.Org,
马拉默德想要抗议 Pacer 的收费 Malamud wanted to protest the PACER charges.
他开展了一项 Pacer 回收项目 He started a program called The PACER Recycling Project,
让人们把他们已购买过的 pacer 文档上传 where people could upload PACER documents they had already paid for
到一个免费的数据库里供其他人使用 to a free database so others could use them.
Pacer 的人受到了许多来自国会和公共存取界人士的批评 The PACER people were getting a lot of flack from Congress and others about public access,
所以他们在国内找了17家图书馆联成一个系统 and so they put together a system in 17 libraries across the country
在这些馆内能免费获取 Pacer 资源 that was free PACER access.
我猜他们每座图书馆都有2万2千平方米吧 You know, that's one library every 22,000 square miles, I believe,
所以这也不是足够方便 so it wasn't like really convenient.
我鼓励志愿者们加入他们所称的U盘军团 I encouraged volunteers to join the so-called Thumb Drive Corps,
去能公共存取的图书馆下载文档 and download docs from the public access libraries,
然后上传到 Pacer 回收站点 upload them to the PACER recycling site.
人们带个U盘进这些图书馆 People take a thumb drive into one of these libraries,
他们下载一大堆文档 并都发送给我 and they download a bunch of documents, and they send them to me.
我说 这只是个玩笑 I mean, it was just a joke.
其实如果你点开u盘军团的链接 那只有段《绿野仙踪》 In fact, when you clicked on Thumb Drive Corps, there was a Wizard of Oz,
出现的是小矮人们唱着歌的视频片段 you know, the Munchkins singing, so a videoclip came up:
我们代表着棒棒糖协会... We represent the lollipop guild...
不过我倒是接到了史蒂夫·舒尔茨和亚伦的来电 but of course, I get this phone calls from Steve Schultz and Aaron,
他们说 哇 saying, "Gee,
我们想加入U盘大军 we'd like to join the Thumb Drive Corps."
在那期间 Around that time,
我在一次会议上遇见了亚伦 I ran into Aaron at a conference.
这件事真的少不了许多各式各样的人们的通力合作 This is something that really has to be a collaboration between a lot of different people.
我走上前去并说 嘿 So I approached him and I said, "Hey,
我有一种对 Pacer 这问题 I am thinking about an intervention
的干预想法 on the PACER problem."
舒尔茨已经开发了一套程序 Schultz had already developed a program
能从那些试点图书馆自动下载 Pacer 的文档 that could automatically download PACER documents from the trial libraries.
斯沃茨想看看那程序 Swartz wanted to take a look.
所以我把代码给他看了 So, I showed him the code,
我没预想到接下来发生的事 and I didn't know what would come next,
后面我才知道 在会议的 but as it turns out, over the course of
接下来几个小时里 他一直坐在角落上 the next few hours at that conference, he was off sitting in a corner,
改进着我的代码 并招来了他的一位住在 improving my code, recruiting a friend of his
那些图书馆附近的朋友去进到馆内 that lived near one of these libraries to go into the library,
然后开始测试他改进后的代码 and to begin to test his improved code,
就在那个节点 at which point
法院的那些人意识到 the folks at the courts realized
他们的计划好像变得不太对劲儿 something is not going quite according to plan.
数据开始传入 And data started to come in,
接着传入 继续传入 and come in, and come in
很快就有了760G的 Pacer 文档 大约是2千万页 and soon there was 760 GB of PACER docs, about 20 million pages.
利用从试点图书馆反馈的信息 Using information retrieved from the trial libraries,
斯沃茨进行着从 Pacer 系统大规模自动化的并行下载 Swartz was conducting massive automated parallel downloading of the PACER system.
他取得了将近270万份联邦法庭文档 He was able to acquire nearly 2.7 million Federal Court documents,
几乎是2千万页的文本 almost 20 million pages of text.
我承认2千万页文本也许超出了 Now, I'll grant you that 20 million pages had perhaps exceed
试获取项目先行参与者的期望 the expectations of the people running the pilot access project,
但惊起这个官僚体系也并不违法 but surprising a bureaucrat isn't illegal.
亚伦和卡尔决定去跟《纽约时报》说明发生的这一切 Aaron and Carl decided to go talk to The New York Times about what happened.
他们也引起了FBI的关注 They also caught the attention of the FBI,
FBI开始监视斯沃茨父母在伊利诺伊州的住宅 who began to stake out Swartz's parents' house in Illinois.
我收到了他妈妈发来的推信 And I get a tweet from his mother,
写着 打我电话 saying, "Call me!!"
然后我想 这到底是什么情况啊 So, I think, like, what the hell's going on here?
最终我联系上了亚伦 And so, finally I get a hold of Aaron and,
亚伦的妈妈好像喊道 哦 天啊 是FBI FBI啊 you know, Aaron's mother was like, "Oh my God, FBI, FBI, FBI!"
一名FBI探员开车进了我家的车道 An FBI agent drives down our home's driveway,
想看看亚伦是否在屋里 trying to see if Aaron is in his room.
我记得那天我在家 I remember being home that day,
我还想着这辆车怎么开进了我家的车道 and wondering why this car was driving down our driveway,
然后又开了出去 and just driving back up.
真够奇怪的 That's weird!
好像是五年之后 我看到了FBI的这档记录 Like, five years later I read this FBI file, like,
哦 我的天啊 oh my goodness:
那是FBI探员 that was the FBI agent,
进了我家的车道 in my driveway.
他被吓坏了 He was terrified.
他完全被吓坏了 He was totally terrified.
令他更害怕的是 FBI真的给他打电话 He was way more terrified after the FBI actually called him up on the phone,
想要诱唆他在没律师陪同下前往一家咖啡店 and tried to sucker him into coming down to a coffee shop without a lawyer.
他说他回到家里 躺在床上 He said he went home and lay down on the bed
整个人都在发抖 and, you know, was shaking.
那次下载还揭露了法庭文件中对个人隐私的大规模侵犯 The downloading also uncovered massive privacy violations in the court documents.
到最后 Ultimately,
法庭被迫因此改变了他们的政策 the courts were forced to change their policies as a result,
而FBI也结束了调查 且未提出指控 and the FBI closed their investigation without bringing charges.
直到今天 我觉得很奇怪的是 To this day, I find it remarkable
有的人 哪怕是最边远地方的FBI办公室 that anybody, even at the most remote podunk field office of the FBI
竟然觉得拿纳税人的钱以刑事盗窃罪去 thought that a fitting use for taxpayer dollars was investigating people for criminal
调查那些推动法律公共化的人是合适的? theft on the grounds that they had made the law public.
你怎么好意思说自己是执法人员? How can you call yourself a lawman,
且还觉得在这个世界里推动法律公共化 and think that there could possibly be anything wrong in this whole world
可能是有点儿不对的? with making the law public?
亚伦甘愿置自身于险境 Aaron was willing to put himself at risk
为的是他所信仰的事业 for the causes that he believed in.
受扰于贫富差距的 Bothered by wealth disparity,
斯沃茨从技术领域转入了更广阔的政治事业 Swartz moves beyond technology, and into a broader range of political causes.
我到国会去 并邀请他前来看看 给我们实习一阵子 I went into Congress, and I invited him to come and hang out and intern for us for a while
马特·斯托勒 民主党国会助理 亚伦的朋友
这样他就能学习政治程序了 so that he could learn the political process.
他学的是关于新型社区 新技能 He was sort of learning about new community and new sets of skills
还有黑客政治 and kind of learning to hack politics.
看来离谱的是 矿工们需要等到汗流浃背时 It seems ridiculous that miners should have to hammer away
才能放下铁锤 until their whole bodies are dripping with sweat
他们知道自己如果胆敢停下 faced with the knowledge that if they dare to stop,
那他们今晚就吃不上饭了 they won't able to put food on the table that night,
可是我每天都在赚着越来越多的钱 while I get to make larger and larger amounts of money each day
而我只是坐在那儿看着电视 just by sitting and watching TV.
但很明显这样的世界是荒谬的 But apparently the world is ridiculous.
所以我联合别人创立了一个组织叫 渐进式改变运动委员会 So, I co-founded a group called "The Progressive Change Campaign Committee",
我们在尝试和行动的是组织起互联网上的人们 and what we try and do is we try to organize people over the Internet
把那些关心进步政治 推动国家变得更进步的人们 who care about progressive politics and moving the country toward a more progressive direction
都聚到一起 to kind of come together,
加入我们的邮箱联系列表 加入我们的运动 join our e-mail list, join our campaigns
帮助我们让全国各地的进步议员当选 and help us to get progressive candidates elected all across the country.
这个团队在竞选活动背后负责基层工作 The group is responsible for igniting the grassroots effort behind the campaign
以选举伊丽莎白·沃伦进入参议院 to elect Elizabeth Warren to the Senate.
可能他会认为这是一个愚蠢的体系 He might have thought it was a dumb system
但他还是来了并说道 我需要了解这个体系 but he came in and he said, "I need to learn this system,
因为它跟任何社会系统一样都是可以操控的 because it can be manipulated like any social system."
但他对知识和图书馆的热情 But his passion for knowledge and libraries
并未退居二线 didn't take a back seat.
亚伦开始更加仔细地观察那些出版学术期刊文章的机构 Aaron began to take a closer look at institutions that publish academic journal articles.
作为美国一所主要大学的学生 By virtue of being students at a major U.S. university,
伊利诺伊州大学 2010年10月16日
我猜你们应该能接触到各种各样的学术期刊 I assume you have access to a wide variety of scholarly journals.
基本上美国的每一所主要大学 Pretty much every major university in the United States
都向 JSTOR 和 汤普森ISI 这样的机构支付许可费用 pays these sort of licensing fees to organizations like JSTOR and Thompson ISI
以获得世界上其他人所没法读到的学术期刊 to get access to scholarly journals that the rest of the world can't read.
学术期刊文章 These scholarly journals and articles
本质上是全人类的在线知识财富 are essentially the entire wealth of human knowledge online,
其中许多也由税款支付过 and many have been paid for with taxpayer money
或政府进行过补贴了 or with government grants,
但要阅览它们 你常常还得再次付钱 but to read them, you often have to pay again
层层缴费给里德-爱思唯尔这样的出版商 handing over steep fees to publishers like Reed-Elsevier.
许可费用实在过于高昂以致 These licenses fees are so substantial that
在印度而非美国学习的人们 people who are studying in India, instead of studying in United States,
便无法享有这种获取权限 don't have this kind of access.
他们被这些期刊给拒之门外 They are locked out from all of these journals.
他们被我们全部的科学遗产给拒之门外 They are locked out from our entire scientific legacy.
这些期刊文章有许多都是启蒙时代的了 I mean, a lot of these journal articles, they go back to The Enlightenment.
每次有人写好了一篇科学论文 Every time someone has written down a scientific paper,
它就被扫描 数字化 归纳收置 it's been scanned, digitized, and put in these collections.
我们所接受的遗产 That is a legacy that has been brought to us
是那些做着有趣工作的人们 那些科学家们的历史见证 by the history of people doing interesting work, the history of scientists.
这种遗产应该是属于普通大众 属于每个人的 It's a legacy that should belong to us as a commons, as a people,
但事与愿违 它被锁了起来 but instead, it has been locked up
由极少数却又以盈利为目的的企业放到网上 and put online by an handful of for-profit corporations
然后想着充分利用它来获取最大利润 who then try to get the maximum profit they can out of it.
所以是大学或者人民帮研究者付钱 So a researcher paid by the university or the people
克里斯托弗·索戈扬 公民自由联盟 言论隐私与技术项目 的主要技术员
以出版论文 publishes a paper,
然后在这过程的最后一步里 and at the very, very last step of that process,
在所有工作都已结束 所有研究都已完成之后 after all the work is done, after all the original research is done--
思考 实验工作 分析 the thinking, the lab work, the analysis,
这些都完成以后 到了最后一步 after everything is done, at that last stage,
则是研究员得上交 then the researcher has to hand over
他/她的版权给这些资产数十亿美元的公司 his or her copyright to this multi-billion dollar company.
这真是有病 And it's sick.
这完全是建立在义务劳动上的经济 It's an entire economy built on volunteer labor,
而出版商在最高处坐收渔利 and then the publishers sit at the very top and scrape off the cream.
这说来就是场骗局 Talk about a scam.
一家英国的出版商去年挣了30亿美元 One publisher in Britain made a profit of three billion dollars last year.
佐伊·沃夫格伦 加州第19区的国会女议员
我说 这生意够大的啊 I mean, what a racket!
JSTOR 在当中只是个小玩家 JSTOR is just a very, very small player in that story
但不知为何 亚伦就是杠上了 JSTOR but for some reason, JSTOR is the player that Aaron decided to confront.
他参加过一些关于开放存取和开放出版的会议 He'd gone to some conference around Open Access and Open Publishing,
我不知道是 JSOTR 里的哪个人 但我觉得他们... and I don't know who the person from JSTOR was, but I think they--
在某个时间点 亚伦问道 at some point, Aaron asked the question,
永久开放 JSTOR 需要花多少钱 "How much would it cost to open up JSTOR in perpetuity?"
亚历克·雷斯尼克 Sprout & Co 公司董事 亚伦的朋友
他们大概是说... And they gave some--
我觉得说的应该是2亿美元 I think it was two hundred million dollars,
这让亚伦完全接受不了 something that Aaron thought was totally ridiculous.
由于在哈佛的一个团体里工作 Working on a fellowship at Harvard,
他知道对门麻省理工开放且快速的网络 he knew users on MIT's famously open and fast network next door
有权访问 JSTOR 的资源 had authorized access to the riches of JSTOR.
斯沃茨看到了一个机会 Swartz saw an opportunity.
你有着那些门的钥匙 You have a key to those gates,
只要稍稍用点 Shell 脚本 and with a little bit of shell script magic,
你就能获取那些期刊文章 you can get those journal articles.
2010年9月24日 On September 24, 2010,
斯沃茨注册了一台新买的宏碁笔记本 Swartz registered a newly purchased Acer laptop
到麻省理工的网络 设备主人叫 Garry Host on the MIT network, under the name "Garry Host".
设备名称则注册为 GHost laptop The client name was registered as "GHost laptop".
他不是传统上黑进去地黑进了 JSTOR He doesn't hack JSTOR in the traditional sense of hacking.
JSTOR 的数据库井井有条 The JSTOR database was organized,
所以很容易就能发现怎样才能下载 JSTOR 的所有文章 so it was completely trivial to figure out how you could download all the articles in JSTOR,
因为它的文章数量也就那么多 because it was basically numbered.
它基本上就是 目录/目录/目录/ It was basically slash slash slash...
文章编号444024 编号444025 444026这样 number article 444024 and -25 and -26.
他写了个 Python 脚本 命名为 keepgrabbing.pi He wrote a Python script called keepgrabbing.pi,
本·威克勒 燃烧的正义之剑 主持者 亚伦的朋友
意思就是 不断抓取这篇文章 那篇文章 which was like, keeping grabbing one article after another.
第二天 他的笔记本开始抓取文章了 The next day, GHost laptop begins grabbing articles,
但很快地 电脑的IP地址就被封了 but soon, the computer's IP address is blocked.
对斯沃茨来说 这简直小菜一碟 For Swartz, it'a barely a bump in the road.
他迅速重新分配了电脑的IP地址 He quickly reassigns his computer's IP address
然后接着下载 and keeps downloading.
JSTOR 和麻省理工采取了一些列措施想阻断下载 Well, JSTOR and MIT take a number of steps to try to interfere with this,
他们已经注意到了这事情 when they notice that this is happening,
当那些较温和的措施都没用后 and when the more modest steps don't work,
在某个时候 JSTOR 只好切断 then at a certain stage, JSTOR just cuts off
麻省理工对 JSTOR 数据库的访问权限 MIT from having access to the JSTOR database.
这有点儿像是场获取 JSTOR 数据库 So there's a kind of cat-and-mouse game
的猫鼠游戏 around getting access to the JSTOR database.
亚伦最终明显是那只猫 Aaron, ultimately, obviously is the cat
因为他比防守方的 JSTOR 数据库员工 because he has more technical capability than
要技术高超得多 the JSTOR database people do in defending them.
最终 有栋楼的地下室里有个没上锁的机房 Eventually, there was an unlocked supply closet in the basement of one of the buildings,
他人直接进去了 而不是用WiFi进去 and he went, instead of going through WiFi,
他下到里面 然后直接把电脑插上网口 he went down there and he just plugged his computer directly into the network
然后留着电脑在那儿 用一块外置硬盘下载那些文章 and just left it there with an external hard drive downloading these articles to the computer.
斯沃茨不知道的是 他的笔记本和硬盘被当局给发现了 Unknown to Swartz, his laptop and hard drive had been found by authorities.
他们没有阻止那下载 They didn't stop the downloads.
他们反而装上了摄像头 Instead, they installed a surveillance camera.
他们发现了麻省理工某栋楼的地下室里的这台电脑 They found the computer in this room in the basement of an MIT building.
他们本可拔掉电脑的网线 They could have unplugged it.
艾略特·彼得斯 亚伦的辩护律师
他们本可等着电脑主人回来 They could have waited for the guy to come back
然后问道 伙计 你干嘛呢 and said, "Dude, what are you doing, you know,
把它停掉 你是谁啊 cut it out. Who are you?"
他们本可去做上面那些事 但他们就是没做 They could have done all that kind of stuff, but they didn't.
他们要的是拍下这一切 What they wanted to do was film it
收集好证据 然后起诉 to gather evidence to make a case.
只有为此 你才会去这样录像 That's the only reason you film something like that.
一开始 摄像头拍到的只有一个 At first, the only person caught on the glitchy surveillance camera
用机房存放瓶瓶罐罐的人 was using the closet as a place to store bottles and cans.
但几天之后 But days later,
它拍到了斯沃茨 it caught Swartz.
斯沃茨正在更换硬盘 Swartz is replacing the hard drive.
他从背包中取出新硬盘 He takes it out of his backpack,
接着在镜头外待了约5分钟 leans out of frame for about five minutes,
然后离开了 and then leaves.
然后他们进行了像是种盯梢 And then they organized like a stakeout where,
等他正从麻省理工要骑车回家时 as he was biking home from MIT,
这些警察就从对面马路窜出 these cops came out from either side of the road,
这样之类的 然后开始追捕他 or something like that, and started going after him.
他描述说自己被按倒 He describes that he was pressed down,
并被警察袭击了 and assaulted by the police.
他告诉我说他们... He tells me that they--
他不知道他们是来抓他的警察 it's unclear that they were police that were after him.
他以为是有什么人想要来攻击他 He thought that someone was trying to attack him.
他确实跟我说过他被他们打了 He does tell me they beat him up.
这真是毁灭性的 It was just devastating.
我们家里竟然会有人面临着刑事起诉 The notion of any kind of criminal prosecution of
这真是太奇怪和难以理解了 anyone in our family or anything was so foreign and incomprehensible,
我不知道要做些什么 I didn't know what to do.
他们申请准许搜查了亚伦家里 Well, they execute search warrants at Aaron's house,
还有他在剑桥的公寓和在哈佛的办公室 his apartment in Cambridge, in his office at Harvard.
Cambridge 剑桥 位于美国马萨诸塞州 紧邻波士顿
在这场逮捕的两天前 Two days before the arrest,
这桩调查已超出了 JSTOR 和剑桥当地警局之手 the investigation had gone beyond JSTOR and the local Cambridge police.
它由美国特勤局接手过去了 It had been taken over by the United States Secret Service.
特勤局于1984年开始调查电脑和信用卡诈骗 The Secret Service began investigating computer and credit card fraud in 1984,
但在9.11袭击发生6周后 but six weeks after the attack on 9/11,
他们的职权扩大了 their role expanded.
布什总统通过《爱国者法案》 President Bush used The Patriot Act
建起了一张网络 他们管它叫做 to establish a network of what they called
电子犯罪特遣队 "Electronic Crimes Task Forces".
我先前的那个法案考虑的是现代恐怖分子带来的新现实和危险 The bill before me takes account of the new realities and dangers posed by modern terrorists.
特勤局说 According to the Secret Service,
他们主要处理的活动是有经济影响的 they are primarily engaged in activity with economic impact,
或是有组织犯罪集团的 organized criminal groups,
或是利用新技术图谋不轨的 or use of schemes involving new technology.
特勤局把斯沃茨的案子提交到波士顿的联邦检察官办公室 The Secret Service turned Swartz's case over to the Boston U.S. Attorney's office.
这个检察官办公室里有个人戴着这么个头衔 There was a guy in the U.S. attorney's office who had the title:
计算机犯罪部或特遣队先锋 "Head of the Computer Crimes Division or Task Force"
我不知道他还做过些什么 I don't know what else he had going,
但你在都没有计算机犯罪案可供起诉的情况下 but you're certainly not much of a "Computer Crimes Prosecutor"
肯定不再好说是 计算机犯罪检察官 without a computer crime to prosecute,
所以他冲了出来 自己留住斯沃茨案 so he jumped on it, kept if for himself,
而没有把这案子派给办公室里或团队里的其他人 didn't assign it to someone else within the office or the unit
他就是史蒂夫·海曼 and that's Steve Heymann.
检察官海曼在斯沃茨被捕后就基本淡出了公众视野 Prosecutor Stephen Heymann has been largely out of public view since the arrest of Aaron Swartz,
但他曾经上过一集《美国的贪婪》电视秀 but he can be seen here, in an episode of the television show "American Greed",
那与亚伦被捕差不多同时期 filmed around the time of Aaron's arrest.
他描述了以前对抗臭名昭著的黑客艾伯特·冈萨雷斯的案件 He is describing his previous case against the notorious hacker Alberto Gonzales,
那案子给海曼带来了广泛的媒体关注和赞誉 a case that garnered Heymann enormous press attention and accolades.
冈萨雷斯精心策划盗窃了上亿的信用卡和ATM号码 Gonzales masterminded the theft of over a hundred million credit card and ATM numbers,
那是有史以来最大的此类诈骗 the largest such fraud in history.
海曼描述了冈萨雷斯 并评价了黑客心态 Here, Heymann, describing Gonzales, gives his view on the hacker mindset:
史蒂夫·海曼 美国助理检察官
这些人受驱动的许多东西跟我们所追求的也是一样的 These guys are driven by a lot of the same things that we're driven by.
来自采访《黑客: 要钱不要命行动》
他们有自我 They have an ego,
他们喜欢挑战 they like challenge,
当然他们也喜欢钱 and of course they like money
喜欢任何能挣到钱的事儿 and everything you can get for money.
在冈萨雷斯案中受牵连的嫌犯是一名年轻黑客乔纳森·詹姆斯 One of the suspects implicated in the Gonzales case was a young hacker named Jonathan James.
由于认为冈萨雷斯的罪行也会算到自己头上 Believing Gonzales' crimes would be pinned on him,
詹姆斯在调查期间自杀身亡了 James committed suicide during the investigation.
在早先公布的一份描述斯沃茨一案中政府所处位置的档案中 In an early press release describing the government's position in the case of Aaron Swartz,
海曼的上司 马萨诸塞州地方检察长 卡门·奥蒂兹 说道 Heymann's boss, U.S. Attorney for the District of Massachusets, Carmen Ortiz, said this:
偷窃就是偷窃 Stealing is stealing,
不分你是用计算机指令还是用撬棍 whether you use a computer command or a crowbar,
也不分你拿的是文档 数据 还是钱币 and whether you take documents, data, or dollars.
这是不对的 It is not true.
这明显是不对的 It's obviously not true.
我不会说它没有危害 I'm not saying it's harmless,
我也不会说我们不应该 and I'm not saying that we shouldn't
刑事制裁信息偷窃 criminalize stealing of information,
但你得更为仔细地去弄清楚 but you got to be much more subtle in trying to figure out
究竟哪种危害在这里才是真正的有害 exactly which kinds of harms are harmful here.
说到撬棍 要是我每次都用撬棍闯进某个地方 So the thing about a crowbar is, every time I break into a place with a crowbar,
那我就是在搞破坏 这是毫无疑问的 I do damage. There is no doubt about it.
但是当亚伦写了个脚本叫它 But when Aaron writes a script that says
下载 下载 下载 每秒这样重复一百次 download download download, a hundred times in a second,
这对任何人都没明显危害 there's no obvious damage to anybody.
如果他那样做是为了搜集 If he does that for the purpose of gathering an
档案用于学术研究 archive to do academic research on it,
那更是对任何人都没危害 there is never any damage to anybody.
他不是在偷窃 他没有出售或散发他下载的东西 He wasn't stealing. He wasn't selling what he got or giving it away.
就我所能想到的而言 他是在申明一种立场 He was making a point, for as far as I could tell.
这场逮捕使斯沃茨大为伤神 The arrest took its toll on Swartz.
他就是不愿再提这事了 He just wouldn't talk about it.
我看他承受着巨大压力 I mean, he was very stressed.
如果你认为FBI将会 If you would thought that the FBI was
在随便一天来到你家门口 随便在你去楼下大厅 going to come to your doorstep any day, anytime you went down the hall,
甚至在你洗衣服的时候 even to do your laundry,
他们都可能闯进你的公寓 and they'd break in into your apartment
因为你自己没关好门 'cause you left the door unlocked,
你会不堪其忧的 like...I'd be pretty stressed,
这是很明显的 and it was clear,
所以亚伦就总是显得有点儿阴郁 and so Aaron was always sort of like in a dour mood.
他不肯透露任何 He wouldn't give off any
关于这段时期他在哪里的敏感信息 sensitive information about his whereabouts during this time,
因为他实在害怕 because he was so afraid
FBI会还在盯着他 that the FBI would be waiting for him.
那是社会和政治活动空前活跃的时期 It was a time of unprecedented social and political activism.
《时代周刊》后来公布了 Time Magazine would later name,
他们2011年的年度人物 as their 2011 Person of the Year,
抗议者 "The Protester".
好像就是有种黑客活动的温床在滋长着 There was a kind of hotbed of hacker activity going on.
维基解密已经公开了一堆珍贵的外交电报 WikiLeaks had released a trove of diplomatic cables,
曼宁遭到逮捕的时候 Manning had been under arrest at the time,
都还没法确定他是否就是泄密者 it was unknown whether he was the source of the leak.
匿名者组织就是一种抗议集合体 Anonymous, which is a kind of protest ensemble that
其中不少成员就是黑客 has a lot of hackers in its ranks,
他们掀起着各种各样的热潮 were going on various sprees of sorts.
如果你把那些拿来和他所做的相比较 If you compare that to what he did,
他这事本应留给麻省理工和 JSTOR 作为 this stuff should have been left behind for MIT and JSTOR to deal with,
个人性和专业性问题来处理的 in a kind of private, professional matter.
它绝对不应该被纳入刑事犯罪范畴 It should have never gotten the attention of the criminal system.
它就不是那一范畴里的事 It just didn't belong there.
美国莫克利法院 波士顿
在他被起诉之前 斯沃茨被给了一份认罪协议 Before he was indicted, Swartz was offered a plea deal
其中含3个月的坐牢 that involved three months in prison,
这时间还是折中后的 time in an halfway house,
以及一年的居家监禁 and a year of home detention,
且全程都不能使用电脑 all without the use of a computer.
协议的前提条件是斯沃茨得承认犯有重罪 It was on the condition that Swartz plead guilty to a felony.
我们所面对的是 我们对于政府的情况 Here we are: we have no discovery, no evidence whatsoever
一无所知 about what the government's case is,
我们不得不做这个重大决定 and we have to make this immense decision
律师也在催促我们这么做 where the lawyer is pushing you to do this,
政府给的是一个没有商量余地的要求 the government is giving you a non-negotiable demand,
你被告知你胜诉的几率很小 and you're told that your likelihood of prevailing is small,
所以无论你是否有罪 so whether you're guilty or not,
你最好还是接受那个协议吧 you're better off taking the deal.
波士顿有着自己的计算机犯罪部 Boston has its own Computer Crimes Division,
他们的律师数量可能比他们真正需要的还多 lots of lawyers, probably more lawyers than they need.
你想象下 那些起诉难度实在很大的案子 So, you know, you can imagine all sorts of cases that will be really hard to prosecute,
要么是因为你的罪犯跑到了俄罗斯 because you've got some criminals in Russia,
要么是对方为某个企业里的人 or you've got some people inside of a corporation
雇着许多500美元/小时的律师 that are gonna five hundred dollar lawyers
甚至700美元/小时的律师们与你当庭对峙 or seven hundred dollar-an-hour lawyers sitting down against you,
然后你对这孩子也毫不手软 and then you've got this case with this kid,
要证明他做了什么是很容易的 which is pretty easy to prove that he did something,
他自己也已经被FBI视作麻烦制造者了 and he's already marked himself as a troublemaker with the FBI,
所以为何不尽量强硬地来对付这人呢 so why not go as tough as you can against that guy?
这有利于你这个检察官 也有利于公众 It's good for you the prosecutor. It's good for the Republic,
因为你所对付的是恐怖分子一类的人 'cause you're fighting all those terrorist types.
我当时太害怕了 I was so scared.
我十分害怕我的电脑会被收走 I was so scared of having my computer seized.
我十分害怕我的电脑会被收走 I was so scared of going to jail
然后导致我入狱 because of my computer being seized.
我的笔记本电脑里有着以前工作上的 I had confidential material from sources
线人提供的机密材料 from my previous work on my laptop,
而我的首要任务 and that is, above all, my priority
便是保证线人的安全 --is to keep my sources safe.
我十分害怕会有什么事发生在艾达身上 I was so scared of what was going to happen to Ada.
亚伦告诉我说 他们给了他一份协议 Aaron told me that they'd offered him a deal,
最后他说 如果我要他接受协议 那他就会接受 and he finally just said that he would take it if I told him to,
然后我说 我凑得非常近地说道 接受它吧 and I say--I came real close to saying, "Take it."
他曾提出过认真的政治诉求 He had these--he had developed, like, serious political aspirations
那时他刚结束了他的创业生活 between when, you know, that moment when he ended that entrepreneurial start-up life,
然后便开始把新生活投入到这一政治活动中 and begun this new life that had come to this political activism,
他完全不相信自己承认重罪后还能继续他的生活 and he just didn't believe that he could continue in his life with a felony.
有天他对我说 You know, he said to me one day,
那时我们正走过白宫 we were walking by the White House,
他对我说 他们不会让重罪犯到里面工作 and he said to me, "They don't let felons work there."
他是真的 真的想过那样的生活 And you know he really--he really wanted that to be his life.
他没杀害任何人 He hadn't killed anybody.
他没伤害任何人 他也没有 He hadn't hurt anybody. He hadn't, like,
偷钱什么的 stolen money.
他没有做过任何 算得上是重罪的事 He hadn't done anything that seemed felony-worthy,
并且... and...
我们也觉得 there is this idea that
完全没有理由说他是一个重罪犯 there is no reason that he should be labelled a felon,
没有理由因为他做的那些事而剥夺 and taken away his right to vote in many states
他在很多州的投票权 这真是太离谱了 for doing what he did. That's just outrageous.
正常的应该是让他缴一笔罚款 It makes sense for him to be maybe fined a bunch of money,
或是让他不准再回麻省理工 or asked not to come back to MIT again.
但至于说成是重罪犯吗 But to be a felon?
至于要去坐牢吗 To face jail time?
斯沃茨拒绝了那份认罪协议 Swartz turned down the plea deal.
于是海曼变本加厉 Heymann redoubled his efforts.
海曼继续从各方面给我们施压 Heymann continued to press us at all levels.
就算有了亚伦的宏碁笔记本的硬盘和U盘作为物证 Even with the physical evidence seized from Aaron's Acer computer harddrive and USB drive,
检察官也还是需要他的动机作为证据 the prosecutors needed evidence of his motives.
为什么亚伦·斯沃茨要下载JSTOR的文章 Why was Aaron Swartz downloading articles from JSTOR,
以及他打算拿这些资料怎么办 and just what did he plan to do with them?
政府宣称他是要出版这些资料 The government claim was that he was planning to publish these.
我们没法确切地知道他的真实意图 We don't really know whether that was his real intention
因为亚伦曾经也做过个项目 because Aaron also had a history of
他对一系列文章进行了大数据分析 doing projects where he'd analyze giant data sets of articles
为的是从中发现些什么有趣的事 in order to learn interesting things about them.
最好的证明就是 他在斯坦福的时候 The best evidence for that was that when he was at Stanford,
他也下载了整个万律的法律数据库 he also downloaded the whole Westlaw legal database.
在一个和斯坦福法学学生合作的项目中 In a project with Stanford law students,
斯沃茨下载了万律的法律数据库 Swartz had downloaded the Westlaw legal database.
他发现了法学研究的资助方和正面结果之间 He uncovered troubling connections between funders of legal research
的令人忧心的联系 and favorable results.
他精彩地分析了 He did this amazing analysis of
营利性公司资助法学教授 而教授们写出来的法律评论文章 for-profit companies giving money to law professors who wrote law review articles
恰好有利于像是石油泄漏期间的埃克森这样的公司 which were then beneficial to, like, Exxon during an oil spill.
所以这是一个十分腐败的资助制度 So it was a very corrupt system of funding,
这是些毫无价值的研究 you know, vanity research.
斯沃茨从未公开过万律的那些文档 Swartz had never released the Westlaw documents.
理论上讲 他本可以也这样处理 JSTOR 的资料 In theory, he could have been doing the same thing about the JSTOR database.
那就完全没问题了 That would have been completely okay.
从另一方面来讲 如果他是 If he were, on the other hand,
准备建起一个与 JSTOR 相竞争的服务的话 intending to create a competitive service to JSTOR,
比如 我们要建立我们自己的《哈佛法学评论》数据库 like, we're going to set up our own, you know, access to the Harvard Law Review
然后收费 赚钱 and charge, you know, money for it,
这样子才像是违法犯罪 then, okay, now it seems like criminal violation
因为你试图商业性使用这些材料 because you are commercially trying to exploit this material,
但很难想象斯沃茨会做出这样的事 but it's kind of crazy to imagine that that was what he was doing.
不过还有种中间情况 So, but then there's the middle case:
如果他是要公开这些材料给所有的发展中国家呢 well, what if he was just trying to liberate it for all of the developing world?
但是就他所采取的行为来看 But depending on what he was doing,
它带来了一种新的挑战 it creates a very different character
让法律思考该如何看待他所做的事 to how the law should be thinking about it.
政府对他的起诉就好像这是起商业刑事犯罪 The government was prosecuting him as if this was like a commercial criminal violation,
就好像这是偷了一大堆信用卡记录那样的犯罪 like stealing a whole bunch of credit card records, that it was that kind of crime.
我不知他准备怎么处理那个数据库 I don't know what he was going to do with that database,
但我听他的一位朋友说 亚伦告诉他 but I heard from a friend of his that Aaron had told him
他准备分析那些数据以 that he was going to analyze the data for
调查因企业资助而导致结果片面的 evidence of corporate funding of climate change research
气候变化研究 that led to biased results,
对此我深信不疑 and I totally believe that.
我被告知史蒂夫想和我谈谈 I was just told that Steve wanted to talk to me,
我认为 and I thought
这不失为摆脱这一切的办法 this was a way I could get out of this,
能脱离这种困境就行 just exit the situation,
我不想活在电脑被收缴的恐惧当中 and I didn't want to live in fear of having my computer seized.
我不想活在藐视法庭指控而入狱的恐惧当中 I didn't want to live in fear of having to go to jail on a contempt of court charge
因为他们可能会要我去解密我的电脑 if they tried to compel me to decrypt my computer.
当时他们找到我并说 When they came to me and said,
史蒂夫想和你谈谈 "Steve wants to talk to you,"
那听起来挺合理的 that seemed reasonable.
他们给诺顿提供了所谓的一日女王信 They offered Norton what is know as a "Queen For A Day" letter
即一份提议 or a proffer.
它允许检察官询问有关亚伦案件的信息 It allowed prosecutors to ask questions about Aaron's case.
而诺顿会获得不被起诉的豁免权 Norton would be given immunity from prosecution herself,
所以无需顾虑在会面中透露了什么信息 for any information she revealed during the meeting.
我不喜欢这样 I didn't like it.
我不断地告诉我的律师们 I told my lawyers repeatedly
我不... 这有点儿怪异 我不喜欢这样 that I didn't...this seemed fishy, I didn't like this,
我不想要豁免权 我也不需要豁免 I didn't want immunity, I didn't need immunity,
我又没做什么 I hadn't done anything,
但他们真的 真的是紧紧施压 but they were really, really stringent that there was--
他们不想我在没有豁免权的情况下会见检察官 they did not want me meeting the prosecutor without immunity.
等会儿先说清楚下 这是一份一日女王交易 一份提议 But just to be clear, this is a "Queen For A Day" deal, a proffer.
是的 一封提议信 Right, a proffer letter.
它基本上就是要你交代信息以换取不被起诉的保护 -In which you basically handed information to them in exchange for protection from prosecution.
其实那也不是透露信息给他们 -So, it wasn't handing information over.
那是... 至少在我看来 It was--at least that's not how I saw it--
那只是跟他们讨论交谈一下 it was just having a discussion, having an interview with them.
那他们有问你问题... -Well, they're asking you questions...
他们有问我问题 They're asking me questions.
他们随便询问他们想知道的... -and they can ask about whatever they want...
是的 -Right.
随便他们已知道的... - and whatever they learn...
我真的... - I really...
他们没办法起诉你的 -They can't have you prosecuted.
是的 我多次想要说清楚 -Right, and I repeatedly tried to go in naked.
我多次... 我多次要拒绝这份提议信 I repeatedly--I repeatedly tried to turn down the proffer letter.
我那时病着 I was ill.
我的律师们在向我施压着 I was being pressured by my lawyers.
我脑子糊涂了 I was confused.
那时候我做得不是很好 I was not doing well by this point.
那时我很沮丧 我很害怕 I was depressed, and I was scared,
我不明白自己所在的处境 and I didn't understand the situation I was in.
我不知道自己为何会陷入那种境地 I had no idea why I was in this situation.
我没做过什么有趣的 更别说是错误的事 I hadn't done anything interesting, much less wrong.
我们的脑子一片空白 We went out of our minds.
亚伦对此显然十分烦乱 Aaron was clearly very distraught about it.
我们对此也十分烦乱 We were very distraught about it.
亚伦的律师对此也十分烦乱 Aaron's attorneys were very distraught about it.
我们试过让诺顿更换律师 We tried to get Quinn to change attorneys.
我非常不习惯待在那房间里 I was very unused to being in a room with
里面许多人严阵以待 large men, well-armed,
不断地跟我说我在撒谎 that are continually telling me I'm lying,
要我必须做点什么 and that I must have done something.
我跟他们说 他们正在检控的这事 I told them that this thing that they were prosecuting
并不是 wasn't
一起犯罪 a crime.
我跟他们说 他们站在了历史的对立面 I told them that they were on the wrong side of history.
我用这样的说法 我说 你们正站在历史的对立面 I used that phrase. I said, "You're on the wrong side of history."
而他们一副无聊的样子 他们看着甚至都不生气 就只是觉得无聊 And they looked bored. They didn't even look angry. They just looked bored,
然后我开始发觉 我们没法谈到一块儿去 and it began to occur to me that we weren't having the same conversation.
我跟他们讲了许多事 I mean, I told them plenty of things about,
比如为什么人们会下载期刊文章 you know, why people would download journal articles,
到最后 我不记得怎么谈到这个的 and eventually--I don't remember what was around it--
我提到了斯沃茨曾写过的一篇博文 I mentioned that he'd done this blog post,
题目叫《开放获取游击队宣言》 the "Guerilla Open Access Manifesto".
这就是《开放获取游击队宣言》 This is the "Guerrilla Open Access Manifesto",
应该是他2008年7月在意大利写的 supposedly written in July, 2008 in Italy.
"信息就是力量" "Information is power.
"但就像所有力量一样" But like all power,
"有些人只想将其占为己有" there are those who want to keep it for themselves."
"世界上所有的科学和文化遗产" "The world's entire scientific and cultural heritage,
"已在书籍和期刊上发布了数个世纪" published over centuries in books and journals,
"正渐渐地被少数私有公司数字化并上锁" is increasingly being digitized and locked up by a handful of private corporations."
"同时 那些被拒之门外的人们并没有袖手旁观" "Meanwhile, those who have been locked out are not standing idly by."
"你们悄悄地穿过洞穴 翻过围墙" "You have been sneaking through holes and climbing over fences,
"解放那些被出版商封锁的信息并分享给你们的朋友" liberating the information locked up by the publishers and sharing them with your friends."
"但所有这些行动都是在黑暗中进行 隐藏于地下" "But all of this action goes on in the dark, hidden underground."
"它们被称作偷窃或盗版" "It's called stealing or piracy,
"仿佛分享大量的知识" as if sharing a wealth of knowledge
"精神上等同于抢劫一艘船只并谋杀其船员" were the moral equivalent of plundering a ship and murdering its crew."
"但是分享绝非不道德" "But sharing isn't immoral,
"它是一种道德使命" it's a moral imperative."
"只有那些利欲熏心者才会拒绝让朋友复制一份" "Only those blinded by greed would refuse to let a friend make a copy."
"遵从不公正的法律不会带来公正" "There's no justice in following unjust laws."
"步入光明的时候到了" "It's time to come into the light and,
"在公民不服从的伟大传统下" in a grand tradition of civil disobedience,
"宣告我们对这种私人盗窃公共文化的反抗" declare our opposition to this private theft of public culture."
这份宣言本身 The Manifesto itself
据说是由四个人所写的 was allegedly written by four different people,
且诺顿也参与编辑过 and also edited by Norton.
但它是由斯沃茨署上名的 But it was Swartz who had signed his name to it.
会面结束后 When it's over,
我立即去找了亚伦 并告诉他我所能记得的一切 I go immediately to Aaron and tell him everything I can remember about it,
然后他变得十分生气 and he gets very angry.
我所做的事不应该是这么种结果的 The things that I'd done shouldn't have added up that way.
我没做错过什么事 I hadn't done anything wrong,
但所有的事都变糟了 and everything had gone wrong,
但我从来没有... but I was never...
我仍然愤怒 I'm still angry.
我仍然愤怒于 I'm still angry that you could
你尽己所能想和这些人一起去做正确的事 try your best with these people to do the right thing,
而他们却把一切都拿来对抗你 and they'd turn everything against you.
他们会竭尽全力地伤害你 And they will hurt you with anything they can.
在那个时刻 我后悔自己说了我所做的事 And in that moment, I regret that I said what I did.
但我更大的后悔是 我们将就于它 But my much larger regret is that we have settled for this.
我们满足于此 That we are okay with this.
我们满足于这个司法体系 That we are okay with the justice system,
这个试图把人们诱入小陷阱以便毁掉我们生活的体系 a system that tries to game people into little traps so they can ruin our lives.
所以是的 我真希望我没交待那些事 So yeah, I wish I hadn't said that.
但我更加 更加生气的是 But I'm much, much angrier
自己所处的那个角色 that this is where I am.
这就是我们 我们民众 所安然接受的 That this is what we, as a people, think is okay.
他们用尽他们能想到的所有办法 They used every method that I think they could think of
来让她提供无益于亚伦 却有利于 to get her to provide information which would be unhelpful to Aaron,
起诉方的信息 and helpful to the prosecution of Aaron,
但我不觉得她有什么信息是有利于政府的 but I don't think she had information that was helpful to the government.
几个月过去了 斯沃茨的亲友们面临着一份迫在眉睫的起诉书 Months go by as Swartz's friends and family await a looming indictment.
在同一期间 In the meantime,
斯沃茨成了一系列互联网议题的达人专家 Swartz was becoming a go-to expert on a series of internet issues.
你认为互联网是否应被视作一种人权 Do you think that the Internet is something that should be considered a human right,
一种政府不能剥夺于你的东西? and something that the government cannot take away from you?
当然 毫无疑问 我认为 Yes, definitely, I mean this
以国家安全作为借口而关闭互联网的概念 notion that national security is an excuse to shut down the Internet,
那正是我们在埃及和叙利亚这些国家身上看到过的 that's exactly what we heard in Egypt and Syria and all these other countries,
所以 是的 这是真的 and so, yeah, it's true,
像维基解密这样的网站正打算公布一些 sites like WikiLeaks are going to be putting up some embarassing
有关美国政府的尴尬材料 material about what the U.S. government does,
而人们就会为此举行抗议 and people are going to be organizing to protest about it,
并试图改变他们的政府 and try and change their government.
这是件好事 You know, and that's a good thing,
这都是宪法第一修正案所规定的自由表达权 that's what all these First Amendment Rights of free expression,
所规定的自由结社权 of freedom of association are all about,
所以我认为那种我们应该打压这些行为的提法 and so the notion that we should try and shut those down I think,
违反了最最基本的美国原则 just goes against very basic American principles.
我认为这是国父们也会认同的 A principle, I think, is one that our Founding Fathers would have understood.
如果他们那时也有互联网的话 If the internet had been around back then,
那他们就会把宪法里有关"邮局"的条款 instead of putting "post offices" in the Constitution,
换成有关"互联网服务提供商"的 they would have put "ISPs".
好的 很有趣地能听到这么... Well, it's definitely interesting to see how far...
斯沃茨认识了活动家塔伦·斯蒂伯里克纳-考夫曼 他俩开始约会 Swartz meets activist Taren Stinebrickner-Kauffman, and the two begin to date.
我们需要大规模的全球性公共抗议 We need a massive global public outcry.
来自视频《Shit Online Organizers Say》
如果没有大规模的全球性公共抗议 那是起不了什么改变的 If there's no massive global public outcry, it won't create any change.
这座城市里的四个人应该掀起一场大规模的全球性公共抗议 -You know, four people in this city should cause a massive global public outcry.
我们需要一份请愿签名书 -You know, we need a petition signer.
在未透露细节的情况下 他警告她 他摊上的是 Without telling her specifics, he warned her he was involved in something
就简单二字"坏事" he called simply "The Bad Thing".
当时我还异想天开地以为 And I had sort of crazy theories, like,
塔伦·斯蒂伯里克纳-考夫曼 Sum Of Us 的执行董事 亚伦的伴侣
他在和伊丽莎白·沃伦搞外遇什么的 that he was having an affair with Elizabeth Warren or something.
我怀疑希拉里·克林顿和伊丽莎白·沃伦都在搞外遇 I speculated both Hillary Clinton and Elizabeth Warren,
真的 不过... actually, but...
后来大概是7月底 亚伦打电话给我 So, sometime in probably late July, Aaron called me,
我刚好接听了 他说 and I happened to pick up, and he said,
"坏事"可能会上明天的新闻 "The Bad Thing" might be in the news tomorrow.
你是想让我自己说给你听呢 还是你想到时自己看新闻 Do you want me to tell you, or do you want to read about it in the news?"
我说 好吧 说给我听听 And I said, "Well, I want you to tell me."
亚伦说 Aaron said,
我被逮捕了 "Well, I've been--I've been arrested
因为我下载了太多的学术期刊文章 for downloading too many academic journal articles,
他们想拿我惩一戒百 and they want to make an example out of me."
然后我大概是说 就这样吗 And I was like, "That's it?
你也太小题大做了吧 That's the big fuss? Really?
这听起来也没什么啊 It just doesn't sound like a very big deal."
2011年7月14日 On July 14, 2011,
联邦检察官起诉斯沃茨犯有四项重罪 federal prosecutors indict Swartz on four felony counts.
就在他被起诉的那一天 He gets indicted on the same day
英国有两个鲁兹安全的人也被逮捕了 that two people in England who are part of LulzSec get arrested,
鲁兹安全(LulzSec) 一个黑客组织 后来解散了
连同的还有一些真正的黑客 and a few other real hackers.
而亚伦只是看着足够像黑客 And Aaron is just someone who kind of looks like a hacker,
足够令他们 enough that they can, you know,
拿他来做赌注以儆效尤 put his head on a stake and put it on the gates.
亚伦投降了 他们逮捕了他 Aaron went to surrender, and they arrested him.
他们随后对他脱衣搜身 They then strip searched him,
拿走了他的鞋带 拿走了他的腰带 took away his shoelaces, took away his belt,
并将他单独监禁 and left him in solitary confinement.
马萨诸塞州美国联邦检察官办公室发表了一份声明 The District of Massachusetts United States Attorney's Office released a statement
说道 斯沃茨面临的是最高35年的监禁 saying, "Swartz faces up to 35 years in prison,
3年的监外看管 to be followed by three years of supervised release,
损害赔偿 没收财产 restitution, forfeiture
最高100万美元的罚款 and a fine of up to one million dollars."
他在交了10万美元保释金后被释放了 He is released on one hundred thousand dollars bail.
释放当天 案件的主要受害方 JSTOR The same day, the primary victim in the case, JSTOR,
正式撤销了对斯沃茨的一切指控 formally drops all charges against Swartz,
并放弃追究此案 and declines to pursue the case.
JSTOR 他们不是我们的朋友 他们对我们既不有益也不友好 JSTOR--they weren't our friends--they weren't helpful or friendly to us,
但他们也有点儿觉得自己不能被裹挟进去 but they also were just kind of like, "We're not part of this."
JSTOR 及其母公司伊萨基 JSTOR, and their parent company, ITHAKA,
都回绝了本影片的采访请求 also sidestepped requests to talk with this film.
但同时 他们发表了一份声明说道 But at the time, they released a statement saying,
决定是否起诉的是政府 而非 JSTOR "It was the government's decision whether to prosecute, not JSTOR's."
我们也都认为这样一来 案子就能了结了 And so it's our belief that, with that, the case will be over.
我们应该就能让史蒂夫·海曼放弃此案 That we should be able to get Steve Heymann to drop the case,
或更理智地审理此案 or settle it in some rational way.
但政府不愿意这样 And the government refused.
为什么 Why?
我想是因为他们要拿亚伦杀鸡儆猴 Well, because I think they wanted to make an example out of Aaron,
他们说过他们想要... 他们之所以还坚持 and they said they wanted--the reason why they wouldn't
重罪判决和入狱处理 move on requiring a felony conviction and jail time
是因为他们想要... was that they wanted to...
他们想要用这案子起到一种威慑作用 they wanted to use this case as a case for deterrence.
这是他们跟我们说的 They told us that.
-这是他们跟你们说的吗 -是的 - They told you that? - Yes.
-要把这案做成一个典型? -是的 -This was going to be an example? -Yes.
-要把他树立成一个教材? -是的 -He was going to be made an example? - Yes.
这是史蒂夫·海曼说的 Steve Heymann said that.
要威慑谁呢 Deterring who?
难道外面还有其他人盘算着登入JSTOR There's other people out there running around logging onto JSTOR,
然后下载期刊文章来做一场政治表态么 and downloading the articles to make a political statement?
他们究竟在威慑谁呢 I mean, who are they deterring?
比较好弄清楚的是 奥巴马政府 It would be easier to understand the Obama administration's
大卫·西罗塔 《沙龙》杂志专栏作家
对于威慑的支持态度 posture of supposedly being for deterrence
这届政府 举个例子来说吧 if this was an administration that, for instance,
被控犯有可以说是本国百年以来 prosecuted arguably the biggest economic crime
最严重的经济犯罪 that this country has seen in the last hundred years--
并导致了华尔街的金融危机 the crimes that were committed that led to the financial crisis on Wall Street.
当你开始 When you start deploying
针对性地进行威慑 the non-controversial idea of deterrence
并不准异议时 only selectively
你就没法冷静地判断何为违法 you stop making a dispassionate analysis of law-breaking
你就开始决定去滥用执法资源 and you started deciding to deploy law enforcement resources
在政治意识形态的影响下更是如此 specifically on the basis of political ideology,
这样不仅是不民主的 也不应该是美国的 and that's not just undemocratic, it's supposed to be un-American.
检察官史蒂夫·海曼后来据称对麻省理工的外聘律师说过 Prosecutor Stephen Heymann later reportedly told MIT's outside counsel
压倒骆驼的最后一根草 that the straw that broke the camel's back
是斯沃茨创立的一个叫 "求进会" 的组织发表的一篇新闻稿 was a press release sent out by an organization Swartz founded called "Demand Progress".
根据麻省理工的解释 According to the MIT account,
海曼回应了那份简短的支持声明 Heymann reacted to the short statement of support,
说那是 "野蛮的网络活动" 和 "愚蠢的行为" calling it a "wild internet campaign" and a "foolish move"
说那使这案子从两人对抗的层面上升到了制度层面 that moved the case from a human one-on-one level to an institutional level.
屋漏偏逢连夜雨 一位不想丢掉面子的检察官 That was a poisonous combination: a prosecutor who didn't want to lose face,
也许他已经要走上仕途了 who had a political career in the offing, maybe,
并且他还不想放掉这案子 and didn't want to have this come back and haunt them.
你用了多少税款来 You spend how many tax dollars
逮捕一个从图书馆带了太多书出来的人 arresting someone for taking too many books out of the library,
好以此巩固自己在法院里的位置? and then got your ass handed to you in court?
离谱至极 No way!
我后来试了各种方式给麻省理工施压以让他们 I then moved to try to put pressure on MIT in various ways to get them
去找政府 然后请求政府停止起诉 to go to the government, and request the government to stop the prosecution.
麻省理工怎么反应的? What is MIT's reaction to that?
就那时来看 他们毫无反应 There doesn't seem to be any reaction from MIT at that point.
麻省理工不为亚伦辩护 MIT doesn't defend Aaron
在麻省理工里的人们看来 这简直离谱 which, to people inside of the MIT community, seems outrageous,
因为麻省理工算是全世界最为鼓励黑客活动的地方了 because MIT is a place that encourages hacking in the biggest sense of the word.
在麻省理工 到那些不允许进入的房顶和隧道里 At MIT, the idea of going and running around on roofs and tunnels
看看逛逛 that you weren't allowed to be in
不仅是学生的一种成人礼 还是学校的一道风景 was not only a rite of passage, it was part of the MIT tour,
麻省理工在冬季还有开锁课程 and lockpicking was a winter course at MIT.
他们有着道义权威来阻止起诉继续 They had the moral authority to stop it in its tracks.
但麻省理工却没挺身而出 向联调局说 MIT never stood up and took a position of saying to the Feds,
不要这么做 "Don't do this."
我们不希望你们这样做 你们反应过度了 这闹得太大了 "We don't want you to do this. You're overreacting. This is too strong."
我是这样看的 ...that I'm aware of.
他们的行为就像是那些企业一样 They acted kind of like any corporation would.
他们... 他们帮助政府 They sort of--they helped the government,
除非他们别无选择 否则就不会帮助我们 they didn't help us, unless they felt they had to,
他们从未试着去阻止这事 and they never tried to stop it.
麻省理工一再拒绝就此发表评论 MIT declined repeated requests to comment,
但他们后来发布了一份报告说 他们想要保持中立态度 but they later released a report saying they attempted to maintain a position of neutrality,
他们相信海曼和检察官办公室 and believed Heymann and the U.S. Attorney's office
不会在意麻省理工对这案子的想法和说法 did not care what MIT thought or said about the case.
麻省理工的行为实在是不符他们的校风 MIT's behaviour seemed really at odds with the MIT ethos.
你可以硬说 麻省理工睁只眼闭只眼 也没做错什么 You could argue that MIT turned a blind eye, and that was okay for them to do,
但采取这种姿态... 采取中立姿态 说白了 but taking that stance--taking that neutral stance, in and of itself
等于是在支持检察官 --was taking a pro-prosecutor stance.
看看史蒂夫·乔布斯和史蒂夫·沃兹尼亚克 If you look at Steve Jobs and Steve Wozniak,
他们是靠卖蓝盒子起家的 那是种用来欺骗电话公司的工具 they started by selling a Blue Box, which was a thing designed to defraud the phone company.
看看比尔·盖茨和保罗·艾伦 If you look at Bill Gates and Paul Allen,
他们在哈佛时用学校电脑开辟生意 they initially started their business by using computer time at Harvard,
那明显也是违反校规的 which was pretty clearly against the rules.
亚伦和我上面提到的那些人之间的区别 The difference between Aaron and the people I just mentioned
就在于亚伦想让世界变得更美好 他不是只想着赚钱 is that Aaron wanted to make the world a better place, he didn't just want to make money.
斯沃茨依然对各种互联网议题直言不讳 Swartz continues to be outspoken on a variety of internet issues.
互联网之所以运行得起来 You know, the reason the internet works
是因为它有着各种思想的碰撞 is because of the competitive marketplace of ideas,
而我们需要关注的是 获取更多的与我们政府相关的信息 and what we need to be focusing on is getting more information about our government,
更多的准许 更多的讨论 更多的争辩 more accessibility, more discussion, more debate,
但似乎国会正反过来要关停这些事情 but instead it seems like what congress is focused on is shutting things down.
亚伦认为只要向人们解释清楚这世界 他就能够改变这世界 Aaron thought he could change the world just by explaining the world very clearly to people.
火焰病毒可以真的接管你的电脑 并借电脑监控你 Flame can literally control your computer, and make it spy on you.
欢迎 亚伦 很高兴你回到节目现场 Welcome, Aaron. Good to have you back on the show here.
就像以前的特工们 You know, just like spies used to in olden days,
用传声器监听人们的对话一样 put microphones and tap what people were saying,
他们现在则用电脑做着同样的事情 now they're using computers to do the same things.
斯沃茨继续他的政治活动 Swartz's political activity continues,
他把注意力转到了国会里的一项旨在遏制网络盗版的法案 his attention turning to a bill moving through Congress designed to curb online piracy.
它名叫《禁止网络盗版法案》 It was called "SOPA".
彼得·埃克斯利等活动家们称认为这法案是一种巨大的越权 Activists like Peter Eckersley saw it as an enormous overreach,
且将威胁到互联网自身的技术性完整 threatening the technical integrity of the Internet itself.
我做的第一件事就是打给亚伦 And one of the first things I did was to call Aaron.
我说 我们能发起一场网络大运动来反抗它吗 And I said, "Can we do a big online campaign against this?"
这法案涉及的不止是版权 "This isn't a bill about copyright."
不止么 "It's not?"
不止 他说 这法案关乎着沟通的自由 "No," he said, "it's a bill about the freedom to connect."
我认真地听着 Now I was listening.
他思考了一会儿 然后答道 好吧 And he thought about it for a while, and then said, "Yes."
于是他去创立了求进会 And he went and founded Demand Progress.
求进会是一个网络活动组织 Demand Progress is an online activism organization,
我们现在已经有了约150万名成员 we've got around a million and a half members now,
大卫·西格尔 求进会的创始人 亚伦的朋友
但我们是2010年秋才成立的 but started in the fall of 2010.
在帮忙领导组织全国范围的社会公正议题的人们当中 Aaron was one of the most prominent people in a community of people who
亚伦是这个社区里最为耀眼的人物之一 helped lead organizing around social justice issues at the federal level in this country.
《禁止网络盗版法案》意图遏制网络上的音乐和影视盗版 SOPA was the bill that was intended to curtail online piracy of music and movies,
特弗雷·蒂姆 电子前哨基金会的活动家
但它基本上是在需要手术刀的问题上动用大铁锤 but what it did was basically take a sledgehammer to a problem that needed a scalpel.
如若被通过了 那么这法律将会允许一家公司 If passed, the law would allow a company
未经正当程序便能切断整个网站的资金 to cut off finances to entire websites without due process,
甚至是能够强制谷歌删除相关链接 or even to force Google to exclude their links.
他们只需一份侵权声明便能这样做 All they needed was a single claim of copyright infringement.
这法案使得传统媒体巨头陷入了 It pitted the titans of traditional media against
与新的且现在更为复杂的混合文化的对抗 a new and now far more sophisticated remix culture.
它使得每个网站运营者都成了警察 It makes everyone who runs a website into a policeman,
如果他们没尽到自己的职责 没确保他们网站上的每个人 and if they don't do their job of making sure that nobody on their site
都真心真意地合法使用网站的话 uses it for anything that's even potentially illegal,
他们的整个网站都不需要审判就会被关停 the entire site can get shut down without even so much as a trial.
这实在欺人太甚 这是场灾难 This was over the top, I mean, this was a catastrophe.
佐伊·沃夫格伦(民主党) 加州第19区的国会女众议员
该法案对所有互联网使用者的言论和公民自由构成了严重威胁 This bill poses a serious threat to speech and civil liberties for all who use the internet.
只有我们寥寥几个在说 听着 我们也不支持盗版 There were only a handful of us who said, "Look, we're not for piracy either,
罗恩·威登(民主党) 美国参议员 来自俄勒冈州
但借反盗版之名来摧毁掉互联网的结构 but it makes no sense to destroy the architecture of the Internet,
毁掉域名体系 以及这么多的自由和公开 the domain name system and so much that makes it free and open
是没有意义的 in the name of fighting piracy,
亚伦找到了这个要点 and Aaron got that right away.
我们宪法所保证的自由 我们国家所建基的自由 The freedoms, guaranteed in our Constitution, the freedoms our country had been built on
将在顷刻间被删除 would be suddenly deleted.
那时新技术将不会给我们带来更大的自由 New technology, instead of bringing us greater freedom,
而会扼杀我们一直视为理所当然 would have snuffed out fundamental rights
且拥有的基本权利 we'd always taken for granted.
我意识到那种日子后 我告诉彼得 And I realized that day, talking to Peter,
我绝不会让它发生 that I couldn't let that happen.
当《禁止网络盗版法案》于2011年10月出台时 When SOPA was introduced in October 2011,
人们认为它是不可撼动的 it was considered inevitable.
起初我们的策略也只是要拖延一下它而已 Our strategy, when it first came out, was to hopefully slow the bill down,
能让它变温和一点就不错了 但是我们自己 maybe weaken it a little bit but, even we
都没想到我们能够阻止这项法案 didn't think that we would be able to stop this bill.
在华盛顿工作后 你就会学到 Having worked in Washington, what you learn is that,
一般在华盛顿 typically in Washington,
立法上的争斗主要来自于 the legislative fights are fights between
几帮不同的阔绰企业 different sets of corporate monied interests.
他们在通过法案上总是你争我斗 They're all duking it out to pass legislation,
而争斗最激烈的时刻 and the fights that are the closest
莫过于一帮利益集团与另一帮利益集团的争锋相对 are when you have one set of corporate interests against another set of corporate interests,
双方的财政力量在竞选募捐和游说时都难分高低 and they're financially equally matched in terms of campaign contributions and lobbying.
那些才是最激烈的争斗 Those are the closest ones.
而那些谈不上有争斗的法案 The ones that aren't even fights,
基本上都是因为 typically, are ones where
有钱的都聚到一块 所有的企业都站在一边 all the money is on one side, all the corporations are on one side,
而只有数百万的民众自己站另一边 and it's just millions of people on the other side.
在我的公共服务期间 I haven't seen anything like
我从未见过像《保护知识产权法案》和《禁止网络盗版法案》那样的 PIPA and SOPA in all my time in public service.
四十多名参议员共同发出提案 There were more than forty United States senators on that bill as co-sponsors,
所以他们是已准备了很久来得到这60票 so they were already a long, long way to getting the sixty votes
好扫除一切程序上的障碍 to have it clear all the procedural hoops.
甚至我都开始怀疑自己了 那是段艰难的时期 Even I began to doubt myself. It was a rough period.
斯沃茨和求进会能获得巨大的支持是得益于传统的外展活动 Swartz and Demand Progress were able to marshal enormous support using traditional outreach,
加上常用的网络电话 使得人们很容易就能联系上国会 combined with commonly used voiceover IP, to make it very easy for people to call Congress.
我从未见过任何人能在技术上 I've never met anybody else who was able to operate at his level
和运动策略上都有他那种水平 both on the technological side and on the campaign strategy side.
数百万人联系了国会并签署了反网络盗版法案的请愿书 Millions of people contacted Congress and signed anti-SOPA petitions.
国会猝不及防 Congress was caught off guard.
看到那些无能的议员在辩论那法案 There was just something about watching those clueless members of Congress debate the bill,
看到他们坚持自己能规范互联网 watching them insist they could regulate the Internet,
说一堆呆子是不可能阻挡他们的 and a bunch of nerds couldn't possibly stop them.
我可不是呆子 I am not a nerd.
我还不太算是个呆子... I'm just not enough of a nerd...
也许我们该问些呆子看看这事是什么 Maybe we oughta ask some nerds what this thing really does.
让我们搞个听证会 请来几个呆子... Let's have a hearing, bring in the nerds...
没搞错吧? Really?
"呆子"? "Nerds"?
我想你们找的应该是"专家"... You know, I think, actually the word you're looking for is "experts"...
来开导你们 让你们的法律不会适得其反 to enlighten you so your laws don't backfire
不会毁掉互联网 and break the Internet.
我们会用"极客"这个词 但我们能用这说法 是因为我们就是极客 We use the term "geek" but we're allowed to use that because we are geeks.
事实是到了这么久 他们都没找过任何技术专家 The fact that it got as far as it did, without them talking to any technical experts,
这反映了这个城镇是有着问题的 reflects the fact that there is a problem in this town.
我在找有谁能站到我身前 I'm looking for somebody to come before this body,
并在听证会上作证说 这就是他们为什么错了 and testify in a hearing and say, "This is why they're wrong."
曾经有个办公室是提供科学和技术建议的 There used to be an office that provided science and technology advice,
能让他们去求助说 帮我解释下 X Y Z 吧 and members could go to them and say, "Help me understand X,Y,Z."
但金里奇关掉了它 他说那是在浪费钱 And Gingrich killed it. He said it was a waste of money.
从那以后 国会就陷入了黑暗时代 Ever since then, Congress has plunged into the Dark Ages.
我觉得没人真的认为《禁止网络盗版法案》能被打败 包括亚伦 I don't think anybody really thought that SOPA could be beaten, including Aaron.
虽然那值得一试 但那看着是没有胜算的 It was worth trying, but it didn't seem winnable,
我记得 大概过了几个月 我记得他就来找了我 好像是说 and I remember, maybe a few months later, I remember him just turning to me and being like,
我觉得我们可能获胜了 "I think we might win this."
我说 那真太好了 And I was like, "That would be amazing."
对国会的吁请还在继续 Calls to Congress continue.
当域名托管网站狗爹成为这法案的支持者后 When the domain hosting site Go Daddy becomes a supporter of the bill,
成千上万名用户转移了他们的域名以示抗议 tens of thousands of users transferred their domain names in protest.
不到一周 节操已碎的狗爹转而反对《禁止网络盗版法案》 Within a week, a humbled Go Daddy reverses their position on SOPA.
当国会里的那些支持唱片和电影产业的人们 When the congress people that supported the record and movie industries,
意识到反对过于强烈后 他们将法案稍稍地收敛了下 realized that there was this backlash, they kind of scaled the bill back a little bit.
你可以看到有了曲线型的变化 看到我们... You could see the curve happening. You could see that we are...
我们的观点开始产生了共鸣 that our arguments were starting to resonate.
就好像是亚伦划燃了一根火柴 然后它开始熊熊燃烧 It was like Aaron had been striking a match and it was being blown out,
再划燃一根 再次熊熊燃烧 striking another one, and it was being blown out,
最终他燃起的星火足够汇成火焰了 and finally he'd managed to catch enough kindling that the flame actually caught,
然后它烧成了现在的这团烈焰 and then it turned into this roaring blaze.
2012年1月16日 白宫发表了一份声明 On January 16, 2012, the White House issued a statement
称他们并不支持此项法案 saying they didn't support the bill.
随后发生的是 And then this happened:
我十分相信我们应该处理盗版问题 I'm a big believer that we should be dealing with issues of piracy,
我们应该严肃对待那些盗版者 and we should deal with them in a serious way,
但这法案并非是正确的法案 but this bill is not the right bill.
当吉米·威尔士让维基百科黑屏闭站以示支持时 When Jimmy Wales put his support toward blacking out Wikipedia,
这家全球第五热门的网站 the number five most popular website in the world,
其点击量占全互联网点击量的7% this is a website that's seven percent of all of the clicks on anywhere on the internet.
维基百科黑屏了 Wikipedia went black.
Reddit 黑屏了 Reddit went black.
Craigslist 黑屏了 Craigslist went black.
国会山上的电话线都快被打得热熔了 The phone lines on Capitol Hill flat out melted.
国会议员开始争着发表声明 收回对这项法案的支持 Members of Congress started rushing to issue statements retracting their support for the bill
他们推行这法案也就几天前的事儿 that they were promoting just a couple days ago.
24小时之内 国会里反对《禁止网络盗版法案》的议员数量 Within 24 hours, the number of opponents of SOPA in Congress
从31名 went from this...
升到了101名 to this.
看到国会议员和参议员在网络大黑屏的一天内逐渐变脸 To see congressmen and senators slowly flip sides throughout the day of the blackout
实在难以置信 was pretty unbelievable.
约有百来名议员被撼动了 There was like a hundred representative swing.
在当时我仍然不敢相信 饱经千辛 And that was when, as hard as it was for me to believe, after all this,
我们总算赢了 we had won.
一件每个人都说不可能的事 The thing that everyone said was impossible,
一件世上最大的一些公司认为是白日做梦的事 that some of the biggest companies in the world had written off as kind of a pipedream,
成真了 had happened.
我们做到了 We did it.
我们赢了 We won.
这是互联网政治上 甚至是美国政治上 历史性的一周 This is a historic week in internet politics--maybe American politics.
我们听那些在华盛顿特区的人们说 The thing that we heard from people in Washington, D.C.,
那些在国会山上的职员说 from the staffers on Capitol Hill was:
他们在黑屏日收到的邮件和电话之多 they received more emails and more phone calls on SOPA Blackout Day
是前所未有的 than they'd ever received about anything.
我想这是个极其令人激动的时刻 I think that was an extremely exciting moment.
在这一刻 互联网在政治上成长起来了 This was the moment when the internet had grown up, politically.
这太令人振奋了 很难相信它真的发生了 It was exhilarating because it's hard to believe it actually happened.
很难相信背后有着那么多财团支持的法案 It's hard to believe a bill with so much financial power behind it
竟然没在国会顺利通过 didn't simply sail through the Congress.
且先不说顺利 它连通过都没有 And not only did not sail through, it didn't pass at all.
有时人们很容易就有一种无力感 It's easy sometimes to feel like you're powerless,
就像是 你走在大街上高声喊叫 却又没人能听到 like when you come out on the streets and you march and you yell and nobody hears you.
但我今天在这里告诉你们 你们是强而有力的 But I'm here to tell you today, you are powerful.
是的 也许有时你会觉得没人在听你说些什么 So, yeah, maybe sometimes you feel like you're not being listened to,
但我在这里告诉你 有人在听的 but I'm here to tell you that you are.
你的声音能被听到 你在改变着这个世界 You are being listened to. You are making a difference.
只要你不停地抗争 你就能阻止这项法案 You can stop this bill if you don't stop fighting.
阻止《保护知识产权法案》 Stop PIPA.
阻止《禁止网络盗版法案》 Stop SOPA.
某些最大的互联网公司 说穿了 如果他们的 Some of the biggest internet companies, to put it frankly, would benefit
小型竞争对手受到了审查 那他们是能受益的 from a world in which their little competitors could get censored.
我们不能让这种事情发生 We can't let that happen.
对他而言 更重要的是去确保你做了小小的改变 For him, it was more important to be sure that you made a small change
而不是在大的改变中做个小角色 than to play a small part in a big change.
但《禁止网络盗版法案》一事则像是在重大改变中扮演着重大角色 But SOPA was like playing a major part in a major change,
所以对他来讲 那有点儿证明了他的理念 and so for him, it was kind of this proof of concept
我所想要的人生就是去改变这个世界 like, "Okay, what I want to do with my life is change the world."
我认为这是衡量我的影响的很科学的方法 "I think about it in this really scientific way of measuring my impact,
而这件事证明了它的可行性 and this shows that it's possible."
我想过的那种生活是有可能实现的 "The thing that I want to do with my life is possible."
我已经证明了我可以实现它 "I have proved that I can do it,
我 亚伦·斯沃茨 可以改变这个世界 that I, Aaron Swartz, can change the world."
作为一个从未觉得自己做了多大贡献的人 For a guy who never really thought he had done much
作为亚伦来说 --which was Aaron--
这是为数不多的时刻之一 你能真正看到 it was one of the few moments where you could really see
他觉得自己是做了些好事的 that he felt like he had done something good,
觉得这是他的一次且唯一一次胜利 feeling like here is his maybe one and only victory lap.
每个人都说我们没法阻止《禁止网络盗版法案》 Everyone said there was no way we could stop SOPA.
但我们阻止了它 We stopped it.
这是三场漂亮之极的胜利 This is three outrageously good victories,
而这一年都还没结束呢 and the year isn't even over yet.
如果要有欢乐时刻的话 那么就是现在了 I mean, if there's a time to be positive, it's now.
他在被捕一年后 取得了反《禁止网络盗版法案》的胜利 You know, he wins at SOPA a year after he's arrested.
这不是纯粹的欢乐时刻 有很多事情仍在发生着 It's not unambiguously happy moments. There's a lot going on.
他在参与政治进程上是那么的合拍 He's so attuned towards participating in the political process,
你没法阻止他 you can't stop him.
斯沃茨创立和联合创立的组织是非常多的 The list of organizations Swartz founded or co-founded is enormous,
在爱德华·斯诺登爆料大规模网络监控的几年之前 and years before Edward Snowden would expose widespread internet surveillance,
斯沃茨就已对此表示过忧虑 Swartz was already concerned.
令人震惊的是这场问责竟然那么宽松 It is shocking to think that the accountability is so lax
他们甚至都没有对监控项目的大小有个基本统计资料 that they don't even have sort of basic statistics about how big the spying program is.
如果他们回答 哦 我们监控的人实在太多 甚至都数不过来 And if the answer is: "Oh, we're spying on so many people we can't possibly even count them"
那么得有多可怕啊 then that's an awful lot of people.
不然也可以回答说 看吧 It'd be one thing if they said, "Look,
我们知道我们监控着多少部电话 we know the number of telephones we're spying on,
我们不知道那到底对应着多少人 we don't know exactly how many real people that corresponds to."
但是他们就是退回说道 我们一个数字也没法给你 but they just came back and said, "We can't give you a number at all."
这真是... 什么叫可怕 这就是可怕 That's pretty--I mean, that's scary, is what it is.
他们给他施加了难以想象的压力 拿走了他挣的所有钱 And they put incredible pressure on him, took away all of the money he had made.
马特·斯托勒 民主党国会助理 亚伦的朋友
他们威胁要剥夺他的人身自由 They, you know, threatened to take away his physical freedom.
他们为何如此 他们为何要追着那些泄密者不放 Why'd they do it, you know? I mean, well, why are they going after whistleblowers?
他们为何追着那些说出真相的人们 You know, why are they going after people who tell the truth
说出各种真相 从银行 到战争 about all sorts of things, I mean, from the banks,
到政府透明度 的人们 to war, to just sort of government transparency.
特勤局那些人握有着权力 So secrecy serves those who are already in power,
而我们生活在一个满是秘密的年代 and we are living in an era of secrecy
巧的是这年代里政府所做的 that coincides with an era where the government is doing,
许多事情或许也是违法违宪的 also, a lot of things that are probably illegal and unconstitutional.
所以这两件事情并非巧合 So, those two things are not coincidences.
很明显 这技术不是为海外的小国家们开发的 It's very clear that this technology has been developed not for small countries overseas,
而是美国政府要用在美国身上的 but right here, for use in the United States, by the U.S. government.
这监控项目的问题在于它是种长期而缓慢的权力扩张 The problem with the spying program is it's this sort of long, slow expansion, you know,
它要把我们带回尼克松执政期间 going back to the Nixon administration, right,
很显然它是在乔治·布什期间的9.11事件后开始扩大的 obviously it became big after 9/11 under George W. Bush,
而奥巴马继续将其扩大 于是问题就慢慢变得越来越糟糕 and Obama has continued to expand it, and the problems have slowly grown worse and worse,
但是我们从来没有去说过 but there's never been this moment you can point to and say,
好吧 我们得去号召人们起来反对 因为现在到了生死存亡的时刻... "Okay, we need to galvanize opposition today because today is when it matters..."
在我看来 对亚伦·斯沃茨的这次起诉 The prosecution, in my estimation of Aaron Swartz,
是要发送一个特定的激光式的信息 was about sending a particular, laserlike message
给那些被奥巴马政府视为具有政治性威胁的人群 to a group of people that the Obama administration sees as politically threatening,
基本上就是那些黑客 消息源和民主活动社区 and that is, essentially, the hacker, the information, and the democracy activist community,
而奥巴马政府想给这群人发送的信息 and the message that the Obama administration wanted to send to that particular community was,
在我看来就是 我们知道你们有能力给当局制造麻烦 in my estimation, "We know you have the ability to make trouble for the establishment,
所以我们要拿亚伦·斯沃茨杀一儆百 and so we are going to try to make an example out of Aaron Swartz
尽可能地让你们吓得不敢制造麻烦 to scare as many of you as possible into not making that trouble."
政府说 哦 我们所用来合法化这监控项目 And the government said, "Oh, the legal opinions we're using
的司法意见也属于机密 to legalize the spying program are also classified,
所以我们都不能告诉你 我们在用哪条法律监视着你 so we can't even tell you which laws we're using to spy on you."
他们每次都能说 哦 这又是一起网络战争的例子 You know, every time they can say, "Oh, this is another instance of cyberwar.
网络罪犯又来袭击我们了 我们全都处境危险了 我们全都面临威胁了 The cybercriminals are attacking us again. We're all in danger. We're all under threat."
他们就用这些借口来推行越来越多的危险性法律 They use those as excuses to push through more and more dangerous laws.
2012年7月10日 亚伦·斯沃茨生前的最后一次访谈 来自电影《网络战争》
下个问题是 你个人如何看待正进行着的这场反抗 And so just to follow--personally, how do you feel the fight is going?
那看你怎么看了 It's up to you!
是的 但我们都得这样问 是吧... -I know. It's just that we gotta, you know...
你知道的 有这么两种偏颇的观点 You know, there's sort of these two polarizing perspectives, right--
一是所有事都很好 互联网创造了所有这些自由 everything is great, the Internet has created all this freedom and liberty,
一切都会变得很美好 and everything's going to be fantastic
二是一切都糟透了 or everything is terrible,
互联网创造了所有这些破解和监控工具 the internet has created all these tools for cracking down and spying,
并控制着我们所说的话 and controlling what we say.
但事实是 这两种情况都存在 是吧 And the thing is, both are true, right?
互联网好坏都有 且好的好得惊人 坏的也坏得惊人 The Internet has done both, and both are kind of amazing and astonishing
而哪一方将赢得这场长跑则取决于我们 and which one will win out in the long run is up to us.
光说哪一方压过了另一方是没用的 It doesn't make sense to say, "Oh, one is doing better than the other." You know,
两方面都是存在的 they're both true.
起决定作用的是我们要强调哪一方面 我们要利用哪一方面 And it's up to us which ones we emphasize and which ones we take advantage of
因为好坏面都在那儿 且将永远都存在着 because they're both there, and they're both always going to be there.
2012年9月12日 On September 12, 2012,
联邦检察官提出了一份替换起诉书 federal prosecutors filed a superseding indictment against Swartz,
增加的罪名有电子欺诈 未经授权访问计算机 adding additional counts of wire fraud, unauthorized access to a computer,
以及计算机欺诈 and computer fraud.
现在 斯沃茨原先的4项重罪指控 变成了13项 Now, instead of four felony counts, Swartz was facing thirteen.
起诉方越玩越狠 The prosecution's leverage had dramatically increased,
斯沃茨面临的坐牢时间和罚款也大大增加 as did Swartz's potential jail time and fines.
他们提出了一份单独的起诉书来添加更多罪名 They filed a separate indictment to add more charges,
他们有理论说明哪些行为构成了联邦犯罪 and they had a theory about why this conduct constituted a number of federal crimes,
还有对应的法律条文中的句子附在底下 and that a very significant sentence could attach to it under the law.
起诉方所用来指控斯沃茨的法律主要 That theory, and much of the prosecution's case against Swartz,
是一部1986年制定的 involved a law created originally in 1986.
《计算机欺诈与滥用法案》 It is called the "Computer Fraud and Abuse Act".
《计算机欺诈与滥用法案》的出台 The Computer Fraud and Abuse Act was inspired
是受马修·布鲁德里克《战争游戏》的影响 这电影很不错 by the movie War Games with Matthew Broderick--great movie.
搞定你了 I have you now.
电影里有个小孩能通过神奇的计算机网络 In this movie, a kid gets the ability, through the magic of computer networks,
发动一场核弹袭击 to launch a nuclear attack.
那在现实中是不可能发生的 You know, that's not actually possible,
当然在80年代就更是不可能了 and it certainly wasn't possible in the '80s
辛迪·科恩 电子前哨基金会的 法律总监和总顾问
但很明显这电影吓坏了国会 but apparently this movie scared Congress enough to
他们通过了最初的《计算机欺诈与滥用法案》 pass the original Computer Fraud and Abuse Act.
现在这是一部落伍的法律 例如它要处罚 This is a law that's just behind the times, for example, it penalizes
罗恩·威登(民主党) 美国参议员 来自俄勒冈州
违反服务条款的行为 你在 eHarmony 或 Match.com 的网站上 a Terms of Service kind of arrangement. You can have something like
都能看到的那种服务条款 eHarmony or Match.com,
某些人似乎过于自我膨胀了 and somebody sort of inflates their own personal characteristics,
突然间 只要检察官和法院一句话 and all of a sudden, depending on the jurisdiction and the prosecutors,
别人就能陷入一大堆麻烦之中 they could be in a whole host of troubles.
我们都知道什么是使用条款 We all know what "Terms of Use" are.
多数人都不会阅读它们 但不遵守其条款可能意味着 Most people don't read them, but not abiding by their terms could mean
你正犯着重罪 you are committing a felony.
网站的使用条款经常这样说 The website Terms of Service often say things like:
请彼此友好相处 或 请勿做任何不妥举动 "Be nice to each other," or "Don't do anything that's improper."
要是刑法中对这类违规也有详细章则 The idea that the Criminal Law has anything to say about these kinds of violations,
那么很多人会被逼疯的 I think, strikes most people as crazy.
有的例子则更为疯狂 The examples get even more "crazy":
在2013年3月作出修改以前 Until it was changed in March of 2013,
赫斯特集团的《17岁》杂志的网站使用条款 the Terms of Use on the website of Hearst's Seventeen magazine
就写着你必须年满18岁才能浏览它的网站 said you had to be eighteen in order to read it.
我想说的是 照司法部对《计算机欺诈与滥用法案》的解释 I would say that the way the CFAA has been interpreted by the Justice Department,
我们可能都违反了法律 we are probably all breaking the law.
含糊不清和容易误用的《计算机欺诈与滥用法案》成了 Vague and prone to misuse, the CFAA has become a one-size-fits-all hammer
处理宽泛的计算机纷争的万金油 for a wide range of computer-related disputes.
针对斯沃茨的13项指控各有由头 Though not the only factor in his case,
但其中有11项均涉及了《计算机欺诈与滥用法案》 eleven of the thirteen charges against Swartz involved the Computer Fraud and Abuse Act.
亚伦·斯沃茨的故事里有太多的 "为什么" The question "Why?" hangs over much of the story of Aaron Swartz.
究竟是什么在推动着政府 究竟他们的案子会如何收场 Just what was motivating the government, and what would their case have been?
司法部拒绝回答提问 The Department of Justice declined requests for answers,
但奥林·克尔教授是研究本案的退休检察官 but Professor Orin Kerr is a former prosecutor who has studied the case.
我认为我看待这案子的角度不同于 So, I think I come about this case from a different direction
奥林·克尔 乔治·华盛顿大学 的法学教授
其他人是有很多理由的 than other people on a number of reasons:
我曾在司法部当了三年的联邦检察官 I was a federal prosecutor at the Justice Department for three years
然后才来这儿教的书 before I started teaching.
政府写出一份起诉书所基于的 The government came forward with an indictment based on
是他们对罪行的判定 what crimes they thought were committed,
就像个纯律师那样 看看先例 看看法规 just as a purely lawyer's matter, looking at the precedents, looking at the statute,
看看历史 看看已判完的其它案子 looking at the history, looking at the cases that are out there so far,
我认为在这角度上看 这份起诉书是公正的 I think it was a fair indictment based on that.
你可以去争论他们是否该起诉此案 You can debate whether they should have charged this case.
这上边本来就有很多分歧 There's just a lot of disagreement.
有些人支持开放获取 有些人则反对 Some people are on the Open Access side, some people are not.
我想政府对于斯沃茨的《开放获取游击队宣言》是十分认真的 I think the government took Swartz's "Guerilla Open Access Manifesto" very seriously,
我觉得他们认为他是担着道义责任要去 and I think they saw him as somebody who was committed, as a moral imperative,
违反法律 去打破他所认为不公正的法律 to breaking the law to overcome a law that Swartz saw as unjust,
而在民主社会里 如果你认为某项法律不公正 and in a democracy, if you think a law is unjust,
你是有很多办法去改变法律的 there are ways of changing that law.
你可以去找国会 正如斯沃茨巧妙对付《禁止网络盗版法案》那样 There's going to Congress, as Swartz did so masterfully with SOPA,
或者你可以用违法的方式去尝试废除那法律 or you can violate that law in a way to try to nullify that law,
我认为推动着这场起诉的 and I think what was driving the prosecution
是因为他们感觉斯沃茨所要的 was the sense that Swartz was committed,
不仅是违反法律 还要保证法律真的被废除 not just to breaking the law, but to really making sure that law was nullified,
让每个人都有权访问公共文献 that everyone would have access to the database
并让这一切如大江东去般不可阻挡 in a way that you couldn't put the toothpaste back into the tube.
那终会实现的 斯沃茨一方终将胜利 It would be done, and Swartz's side would win.
关于这法案是否公正 社会上有着很大的分歧 There's a big disagreement in society as to whether that is an unjust law,
到最后 这得要美国人民通过国会 and ultimately, that is a decision for the American people to make,
来做出决定 working through Congress.
第二个问题是 我觉得我们仍在试着弄清楚 And then the second problem is, I think, we're still trying to figure out:
没那么严重的罪行与严重罪行之间的界限在哪里 What's the line between less serious offences and more serious offences?
我们现在所进入的是一个满是电脑和滥用电脑的不同环境 We're now entering this different environment of computers and computer misuse,
而我们仍没有关于这些界限在哪里的真正界定 and we don't yet have a really strong sense of exactly what these lines are
因为我们还正在摸索 because we're just working that out.
检察官在本案中根本没有斟酌处理 This is a poor use of prosecutorial discretion.
司法部用来恐吓人们的铁锤 The hammer that the Justice Department has to scare people with
变得越来越大 越来越大 just gets bigger and bigger and bigger,
所以大多数人就... 你不能拿生活来这样冒险 and so most people just--you know, you can't roll the dice with your life like that.
我们应该监听别人的电话吗 我们应该监拍别人吗 Should we tap somebody's phone? Should we film them?
我们应该策反别人来指证这些人吗 Should we turn somebody and get them to testify against these other people?
联邦探员和检察官认为这些都理所应该 That's how federal agents and prosecutors think.
他们弄出案件 他们制造案件 They build cases. They make cases.
斯沃茨被卷进了没法回转的残酷司法系统的齿轮 Swartz was caught in the gears of a brutal criminal justice system that could not turn back,
那机器也使得美国成为全球入狱率最高的国家 a machine that has made America the country with the highest rate of incarceration in the world.
在这个国家里 我们允许自己笼罩在政治恐惧和愤怒之下 We have, in this country, allowed ourselves to be captured by the politics of fear and anger,
布莱恩·史蒂文森 平等权利倡议 的执行董事
我们所恐惧的 比如互联网和开放存取的未来 and anything we're afraid of, like the future of the Internet and access,
以及我们所愤怒的 都引发了刑事司法的本能干预 and anything we're angry about, instinctively creates a criminal justice intervention,
我们使用牢房 监狱 和惩罚来解决这一大堆在历史上 and we've used jail, prison, and punishment to resolve a whole host of problems
从未被视作刑事司法的问题 that, historically, were never seen as criminal justice problems.
威胁 控告 起诉的劲头也 The impulse to threaten, indict, prosecute, which is part of what
促成了这场关于在线存取和网络信息的争论 has created this debate and controversy over online access and information on the internet,
这种劲头与我们在其他领域所看到的非常一致 is very consistent with what we've seen in other areas.
有一点区别的是 这些刑事和监狱制度所盯上 The one difference is that the people who are usually targeted and victimized
并迫害的人们通常是典型的穷人或少数族裔 by these kinds of criminal and carceral responses are typically poor and minority.
斯沃茨对朋友和家人的隔绝增多了 Swartz's isolation from friends and family increased.
他基本上没再做别的事了 He had basically stopped working on anything else,
这案子实际上占据了他的全部生活 and the case was, in fact, taking over sort of his whole life.
亚伦的一位律师清楚地告诉过检察人员 One of Aaron's lawyers apparently told the prosecutors
他情感十分脆弱 that he was emotionally vulnerable,
并说这事他们需要时刻牢记以免忘了 and that that was something they really needed to keep in mind so that they knew that.
他处于重重压力之下 It was weighing on him very heavily.
他不喜欢自己的行为和活动受到各种限制 He did not like having his actions and his movements restricted in any way,
而他们老提出来的入狱威胁 and the threat of jail, which they pounded him with a lot,
把他吓坏了 was terrifying to him.
他的资金完全耗尽了 Completely exhausted his financial resouces,
我们也搭进了很多钱 他拿出了一笔很大的钱 and it cost us a lot of money also, and he raised a substantial amount of money,
那个有数百万美元 so it was, you know, it was in the millions of dollars.
-用于法律辩护的? -是的 The legal defence? - Yes.
-要数百万? -是的 -Was in millions? - Yes.
我觉得他不想成为别人的负担 I think he didn't want to be a burden to people.
我想他有个原因是 我过着我的正常生活 I think that was a factor like, "I have my normal life,
但出现了这么一团破事要我处理 and then I have this shitty thing I have to deal with,
我试着尽可能地保持这两者的相互分开 and I try to keep the two of them as separate as possible,
但它们却开始搅混模糊 所有的事都变糟了 but they were just beginning to blur together and everything was becoming shitty."
斯沃茨所面对的艰难抉择变得更加艰难了 Swartz faced a tough choice that was only getting tougher:
你是要承认罪行并改过自新 Do you admit guilt and move on with your life,
还是要继续反抗这个坏了的体制? or do you fight a broken system?
对他这案子来说 答案很简单 With his legal case, the answer was simple:
他拒绝了最后的认罪协议 而审判日期也定好了 He rejects a final plea deal and a trial date is set.
亚伦是坚决的 他不愿屈从 Aaron was resolute that he didn't want to knuckle under
不愿接受他认为不公正的事 and accept something that he didn't believe was fair,
但我认为他也害怕着 but I also think he was scared.
我不觉得他们会定亚伦的罪 I don't think they would have convicted Aaron.
我以为我们能带他走出法庭 I think we would have walked him out of that courthouse,
我能给他一个大拥抱 and I would have given him a big hug,
我们能沿着波士顿那条小河散步 and we would have walked across that little river in Boston,
并去喝上几杯啤酒 and gone and had a couple of beers.
我真以为我们是正义的 I really thought that we were right.
我以为我们将会赢得这案子 I thought that we were going to win the case.
我以为我们能够赢得这案子 I thought that we could win the case.
他自己不怎么说 但你能看到 He didn't talk about it very much, but you could see
他所承受着的巨大痛苦 the enormous pain that he was going through.
亚伦在童年里没有过任何严重的情绪波动 No time in his childhood did Aaron have any severe mood swings
或是抑郁发作 或是任何能让我称得上 "重度抑郁" 的事 or depressive episodes or anything that I would describe as "severe depression"
不过这也有可能 他变抑郁了 人们变抑郁了 and it's possible, you know, he was depressed. People get depressed.
在我们发展关系的早期 Very early in our relationship,
大概才三或四周吧 three or four weeks in or something,
我记得他对我说过 I remember him saying to me
我要比他坚强得多 that I was a lot stronger than he was.
他在很多方面都很脆弱 You know, he was brittle in a lot of ways.
事情对他来说要比对很多人来得困难 Things were a lot harder for him than for a lot of people.
这也是他的才华所带来的 That was part of his brilliance, too.
我觉得他在20岁出头时 可能有了临床抑郁之类的东西 I think he probably had something like clinical depression in his early twenties.
但我们在一起时 我并没这么觉得 I don't think he did when I was with him.
他不是个欢乐的人 但那也扯不上有抑郁 He wasn't a "joyful" person, but that's different from being depressed.
他只是这两年来承受了太多的压力 He was just under such enormous pressure for two years straight.
他只是不想再继续下去了 He just didn't want to do it anymore.
他只是... 我觉得那一切太沉重了 He was just--I just think it was too much.
我是在深夜接到电话的 I got a phone call late at night.
我能感觉到什么出事了 I could tell something was wrong,
我打了过去 and then I called,
于是我意识到发生了什么 and I realized what had happened.
社交新闻娱乐网站 Reddit 的一名创始人被发现身亡 A co-founder of the social news and entertainment website Reddit has been found dead.
警方说26岁的亚伦·斯沃茨 Police say twenty-six-year-old Aaron Swartz
昨天在其布鲁克林公寓自杀 killed himself yesterday in his Brooklyn apartment.
我就觉得 我们失去了 I just thought, we've lost
我们这辈人中 one of the
最有想法的人之一 most creative minds of our generation.
我觉得 那一刻全世界都分崩离析了 I was like, the whole world fell apart at that moment.
那是我一生中最难熬的夜晚之一 It was one of the hardest nights of my life.
我只是大喊大叫 我听不清 你说什么 我听不清 I just kept screaming, "I can't hear you! What did you say? I can't hear you!"
说不下去了 就这样吧 I can't. That's it.
好的 Okay.
就难以接受 Yeah, none of it made any sense,
到现在仍难以接受 and really still doesn't.
我沮丧极了 生气极了 I was so frustrated, angry.
我曾想向我的孩子解释这事 You know, I tried to explain it to my kids.
我3岁的孩子跟我说 医生会治好他的 My three-year-old told me that the doctors would fix him.
我认识很多已经逝世的人 I've known lots of people who have died,
但我从未像这样失去一个人 but I've never lost anybody like this,
因为每个人都觉得 我也觉得 because everybody feels, and I do too,
我们还有那么多能... there is so much we could have--
更多能做的... more to do like...
我不知道他已到了那地步 I just didn't know he was there.
我不知道他所承受了这么多... I didn't know this was what he was suffering and...
他是我的一部分 He was part of me.
我只希望那不是真的 And I just wanted it to not be real,
然后... and then...
然后我去看了他的维基百科词条 上面有了离世日期 and then I just looked at his Wikipedia page and I saw the end date:
"－2013年" "to 2013".
亚伦死了 Aaron is dead.
在这个疯狂世界漫游的人们 Wanderers in this crazy world,
我们失去了一位导师 一位智者 we have lost a mentor, a wise elder.
匡扶正义的黑客们 Hackers for right,
我们倒下了一员 we are one down,
我们失去了我们中的一员 we have lost one of our own.
教育者们 Nurtures,
职业者们 careers,
聆听者们 listeners,
供给者们 feeders,
所有的父母们 parents all,
我们失去了一个孩子 we have lost a child.
让我们哭泣吧 Let us all weep.
蒂姆·伯纳斯-李 勋爵 2013年1月11日 - Sir Tim Berners-Lee, January 11, 2013
我的第一想法是 My first thought was:
要是都没人注意到这事呢 what if nobody even notices?
因为我不清楚他有多么地出名 You know, because it wasn't clear to me how salient he was.
我从未见过如此阵势的响应迸发 I had never seen anything quite like the outpouring I saw.
整个网络都点燃了 The Net just lit up.
每个人都在试着去... Everyone was trying to...
去用自己的方式来解释它 to explain it in their own way,
但我之前从未见过 but I've never seen
人们在推特上进行哀悼 people grieve on Twitter before.
人们明显地在网上哀悼 People were visibly grieving online.
他是互联网之子 He was the Internet's own boy,
而旧世界杀害了他 and the old world killed him.
我们所处的时代是 巨大的不公正还未被撼动 We are standing in the middle of a time when great injustice is not touched.
金融危机的始作俑者定期和总统共进晚餐 Architects of the financial meltdown have dinner with the president, regularly.
在这时代里 In the middle of that time,
这种想法 the idea that this
是要遭政府起诉的 was what the government had to prosecute,
这如若不是悲剧 那也算是荒谬 it just seems absurd, if it weren't tragic.
问题是 在这些发生之后 The question is: Can we do something,
我们能否做些什么 given what's happened,
来让世界更美好? to make the world a better place,
且如何把人类遗产传得更久? and how can we further that legacy?
这是个人所能问的唯一一个问题 That's the only question one could ask.
全世界都开始举行起黑客马拉松 集会 All over the world, there are starting to be hack-a-thons, gatherings,
亚伦·斯沃茨在某种程度上激发了我们最好的一面 Aaron Swartz has, in some sense, brought the best out of us,
让我们试着去问 in trying to say:
我们要如何修补这世界? How do we fix this?
依我愚见 他是这国家产生过的 He was, in my humble opinion, one of the true extraordinary revolutionaries
真正非凡的革命者之一 that this country has produced.
我不知道亚伦是失败了还是胜利了 I don't know whether Aaron was defeated or victorious,
但我们无疑都受着他所斗争的事情的影响 but we are certainly shaped by the hand of the things that he wrestled with.
当我们让代表法律的武装特工 去对付要增加知识获取途径的市民时 When we turn armed agents of the law on citizens trying to increase access to knowledge,
我们便已违反了法律的原则 we've broken the rule of law
我们便已亵渎了公正之殿堂 --we've desecrated the temple of justice.
亚伦·斯沃茨不是一个罪犯 Aaron Swartz was not a criminal.
改变不会自己长上两条腿跑来 Change does not roll in on the wheels of inevitability,
而是要通过不断的斗争 it comes through continuous struggle.
亚伦真的有着神奇的力量 Aaron really could do magic,
而我将努力确保他的神奇不会随着他的死亡而消逝 and I'm dedicated to making sure that his magic doesn't end with his death.
他相信他能改变这个世界 他是对的 He believed that he could change the world, and he was right.
上周以来 今天以来 凤凰已经在涅槃重生 Out of the last week, and out of today, phoenixes are already rising.
斯沃茨离世后 Since Swartz's death,
众议员佐伊·沃夫格伦和参议员罗恩·威登 Representative Zoe Lofgren and Senator Ron Wyden
已推出新法要来改革《计算机欺诈与滥用法案》 have introduced legislation that would reform the Computer Fraud and Abuse Act--
那一落伍法律构成了对斯沃茨的主要指控 the outdated law that formed the majority of the charges against Swartz.
新法名叫《亚伦法》 It's called "Aaron's Law".
亚伦相信你应该真的每时每刻都问自己 Aaron believed that you literally ought to be asking yourself all of the time,
现在这世界有什么最重要的事是我能参与去做的? "What is the most important thing I could be working on in the world right now?"
如果你没在做那最重要的事 那又是为什么? And if you're not working on that, why aren't you?
这就是民主的样子 This is what democracy looks like!
我们也是人民啊 We are the people, too!
网络自由受攻击 我们该怎么办 Internet freedom's under attack! What do we do?
站起身来 反击回去 Stand up, fight back!
网络自由受攻击 我们该怎么办 Internet freedom's under attack! What do we do?
嘿嘿吼吼 卡门·奥蒂兹快滚走 Hey, hey! Ho, ho! Carmen Ortiz has got to go!
我希望我们能够改变过去 不过我们无能为力 I wish we could change the past, but we cannot.
但我们可以改变未来 我们必须改变未来 But we can change the future and we must.
为了亚伦 我们必须这么做 为了我们自己 必须这么做 We must do so for Aaron. We must do so for ourselves.
我们必须这么做来让我们的世界更美好 更人性化 We must do so to make our world a better place, a more humane place,
让司法更公正 让获取知识成为人权 a place where justice works, and access to knowledge becomes a human right.
那时有个小孩儿 是在二月份 So there was a kid, back in February,
来自巴尔的摩 from Baltimore,
14岁了 fourteen years old,
他登上了 JSTOR who had access to JSTOR,
在读了些东西之后 他一直沉浸在 JSTOR 的知识库里 and he'd been spalunking through JSTOR after reading something,
他想出了一种提早检测胰腺癌的方法 and he figured out a way to do early tests for pancreatic cancer,
得了胰腺癌是会让你死掉的 and pancreatic cancer kills the shit out of you
因为等到检测出它时 because we detect it way too late
都已太晚了 再也来不及去做什么了 by the time we detect it, it's already too late to do anything about it,
他给约翰·霍普斯金大学的整个肿瘤部都发了邮件 and he sent emails off to the entire oncology department at Johns Hopkins,
部门里有百来号人 每个人都... you know hundreds of them, and every--
-你说的是14岁? -14岁的小孩 是的 - Did you say fourteen years old? - Fourteen-year-old kid, yeah,
他们多数人都没理睬他 and most of them ignored it
但其中有个人回了封邮件 but one of them sent him an email back,
说道 这不全是愚蠢的想法 你何不来我这呢 and said, "This is not an entirely stupid idea. Why don't you come on over?"
这小孩开始没日没夜地跟这名研究员工作 This kid worked evenings and weekends with this researcher,
二月份 我在新闻上听到了他的名字 and in February I heard him on the news
那时距亚伦逝世仅过了几周 just a couple of weeks after Aaron died,
新闻里还经常提到亚伦... when Aaron was in the news a lot..
抱歉... Sorry...
那小孩说 and he said
他之所能上新闻 the reason he was on the news
是因为他们成功了 was 'cause they'd done it.
他们正进行着 They were shipping
一项能拯救生命的早期胰腺癌测试 an early test for pancreatic cancer that was going to save lives,
他说 and he said,
这就是为什么亚伦做的事有那么重要 "This is why what Aaron did was so important."
因为你永远没法知道 是吧 Because you never know, right?
这个宇宙中的真理不是只有那些 This truth of the universe is not only something
政策制定者曾经弄清楚过的 that policymakers use to figure out,
比如限速应该限多快什么的 you know, what the speed limit should be.
它还包括那些能让你的孩子 It's where the thing that's gonna
不会因患胰腺癌而死的研究 keep your kid from dying of pancreatic cancer comes from,
而如果没有访问权 and without access,
那个能解决你的问题的人 the person who might come up with the thing that's got your number on it,
可能就永远找不到答案 may never find that answer.
他睡得那么熟 He sleeped so well,
他没从上边掉下来 he didn't fall out of [baby talk],
甚至当他梦见自己回到飞船上时 他也没掉下来 not even when he dreamed he was back on the spacecraft.
太棒了 亚伦 太棒了 Very good, Aaron. Very good.
耶 亚伦 Yay, Aaron!
好的 现在是唱歌时间 Okay, now it's song time.
亚伦·斯沃茨 1986年-2013年
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