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Protective Order in U.S. v. Swartz Modified to Allow Congressional Investigators Access to Discovery

United States v. Swartz.  On January 11, 2013, the Defendant, Aaron Swartz, committed suicide after being indicted for multiple Computer Fraud and Abuse Act violations.  Mr. Swartz’s estate moved the Court to modify the protective order to release discovery to members of Congress investigating the prosecution as well as the public. The Court agreed to allowed the modification but agreed to the government’s request that identifying information and computer network security information be redacted from any production.  Judge Gorton gave the parties until May 27, 2013, to submit a proposed modified protective order. (Tor) United States v. Aaron Swartz, 11-CR-10260 (D. Mass.) Swartz Protective Order Decision 5.13.13]]]]> ]]>

Road to Nowhere

In Liminae: The Road to Nowhere

It takes us about six hours to drive to the rural state jail (that’s owned by two judges) the Feds contracted with to hold our client. Accused of computer crimes, he can’t effectively review evidence in jail – there’s no practical access to computers in the gulag. They’ve seized all his assets claiming they’re the ill-gotten gains of crimes the government can’t identify, and their computer forensics – if you can call them that – have no scientific basis and are full of basic errors and typos. In my decade as a federal criminal defense lawyer doing computer cases across the country, I’ve never come across a case where the government was so completely off.

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Guilty Until Proven Innocent

A defendant’s view from the trenches of federal criminal court This post is originally published to Substack. You can read and follow us there.

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