" his slim physique, a waist size of no more than 30 inches, a short length that makes it practically impossible to hang himself with a belt, as reported by the Brooklyn police."

– a bicycle helmet held up to cover his face, meaning Swartz was cognizant of the surveillance camera inside the computer-routing and wiring closet on the MIT campus. On an earlier entry into the closet he was videotaped without the helmet and must have noticed the hidden camera at that time.

– the steel rack stacked with routers and at least one server into which he had plugged a laptop for a download, which required an extraordinary amount of time, indicating that the content was high-quality video and not documents.

– his trespass was a physical “break in” or walk in, which indicates the targeted server could be accessed only via a dedicated line and not with a hack. A dedicated line indicates the transfer of illegal content to strong encryption.

MIT Has No Proprietary Right to JSTOR

The videotape of Swartz’s download led to the MIT complaint that spurred a federal prosecutor in Boston to indict him for pirating online journals distributed by JSTOR, a subscription-based electronic archive of scholarly papers. The charges are patently absurd.

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