Justice System "Overreach" Blamed in Suicide of Open-Access Technology Activist

Aaron Swartz faced an imminent trial for having downloaded some four million articles from a not-for-profit scholarly archive, and a possible penalty of 35 years in prison and a $1-million fine, which some call disproportionate to his actions

By Declan Butler and Nature News Blog

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This weekend, the Internet world mourned one of its heroes: Aaron Swartz, 26, a prodigy, programmer and well-known Internet activist,?who hanged himself in his New York apartment on Friday. Swartz was to face an imminent trial?for having downloaded some 4 million articles?from JSTOR, a not-for-profit scholarly archive hosted by the Massachusetts Institute of Technology (MIT). He faced extraordinarily severe charges ? see?here?and?here?? carrying a possible penalty of 35 years in prison, and more than US$1 million in fines. Swartz is reported to have suffered from serious depression, but some ? including his immediate family ? have explicitly alleged that the pending charges contributed to his suicide. (Btw; serious depression is more common than one might think; see ?Global survey reveals impact of disability? though few commit suicide.)

Online commentators have expressed indignation at the disproportion between the charges and Swartz?s alleged act.?Lawrence Lessig, a law researcher at Harvard University in Cambridge, Massachusetts, has posted a must-read analysis?here. Alex Stamos, an expert witness for the defence in the case,?also argues that the charges were over the top. Other analyses worth reading include those from?Glenn Greenwald?and from?The Economist.

In?a statement, Swartz?s family?said: ?Aaron?s death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts U.S. Attorney?s office and at MIT contributed to his death. The US Attorney?s office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims.?

Rafael Reif, the president of MIT, in a?statement?yesterday said: ??I want to express very clearly that I and all of us at MIT are extremely saddened by the death of this promising young man who touched the lives of so many. It pains me to think that MIT played any role in a series of events that have ended in tragedy.? He also announced that he had asked Hal Abelson, a leading computer scientist, to assess MIT?s response in the case. JSTOR also released a?statement, which mentioned its widely appreciated decision not to pursue charges in the case after Swartz returned the files he had taken.

Meanwhile, a campaign has also started on Twitter calling for researchers to post their papers openly online in reaction and commemoration ? at hashtag?#pdftribute.

In passing, Swartz was a past invitee to Science Foo Camp, an annual invitation-only informal gathering of hundreds of leading scientists, technologists and other leading creative lights, organized by?Nature?in collaboration with Google and O?Reilly Media ? see?here?and?here. See Swartz?s own account of part of the 2007 meet?here.

Source: http://rss.sciam.com/click.phdo?i=0a50bad7475de564104093d56728ad09

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France to send 2,500 troops to Mali, official says

PARIS (AP) ? An official at France's Defense Ministry says the country will "gradually deploy" a total of 2,500 troops to Mali, and the French president says the military operation will last until security has been restored and African forces are ready to take charge.

A French Defense Ministry official who was not able to speak publicly about the total and requested anonymity said there were 800 troops currently in Mali and more on the way.

In a news conference Tuesday in the United Arab Emirates, President Francois Hollande said France would remain to stop militants linked to al-Qaida from seizing the country, secure its capital and help the government regain control.

He said France would take a lesser role "as soon as there is an African force, in coming days or weeks."

Source: http://news.yahoo.com/france-send-2-500-troops-mali-official-says-153151774.html

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UK police accused of wrongly taking DNA of gay men

LONDON (AP) ? In 1983, Stephen Close was arrested, jailed and expelled from the British army for having sex with a male squad mate.

Three decades later, police tracked him down to the northern England city of Salford and demanded a sample of his DNA because of that conviction.

Close, now 50 and openly gay, said he was shocked.

"I was horrified that after all these years they suddenly decided to bring this up again," Close said in a telephone interview from Salford, 205 miles (330 kilometers) north of London.

While it is not illegal in the U.K. to collect genetic material from adults, Britain's DNA database ? one of the largest in the world, with some 6 million samples ? has long been a magnet for controversy. Human rights advocate Peter Tatchell says gay men convicted years ago under Britain's now-defunct gross indecency law may have had their rights violated recently by British police who ordered them to submit their genetic material to the database.

"It is absolutely wrong to lump a consenting, victimless offense like 'gross indecency' with rape, and child sex abuse," Tatchell told The Associated Press.

Tatchell said he had documented the cases of four gay men in London, Salford, Northumbria and the West Midlands who had been mistreated this way.

Europe's top human rights court in 2008 struck down a British law that allowed the government to store DNA and fingerprints from people with no criminal record. But in 2011, a new law allowed police to collect DNA from offenders who had been convicted of serious offenses before the DNA database was created in 1995.

Amanda Cooper of the Association of Chief Police Officers' DNA database program said police forces were told that "certain sexual offences, such as gross indecency and buggery, should not have a DNA sample taken on the grounds of a sole conviction."

In Close's case, he was first convicted of a gross indecency charge and later theft.

The "gross indecency" law dates back to 1885, and has been used to persecute thousands of English homosexuals, including playwright Oscar Wilde, who spent two years in prison after a trial in 1895, and World War II code breaker Alan Turing, who committed suicide after being convicted in 1952.

Although England decriminalized homosexuality in 1967, elements of the indecency legislation remained in place until 2003 ? including anti-gay restrictions relating to the age of consent, the military, and sex under various circumstances.

Manchester police have apologized to Close, telling him his DNA sample will be destroyed. They have also promised a review of the some 850 DNA samples they've collected since 2011 for people with old convictions.

"In the case of Mr. Close, our request was made without proper consideration of all the facts and once again for that I apologize," Manchester Deputy Chief Constable Ian Hopkins told the AP on Wednesday.

In the city of Newcastle, a 44-year-old businessman also received a similar request for his DNA. Speaking via telephone, the man described how, more than two decades ago, he'd been arrested and fined after meeting someone for sex in a public toilet. The businessman, who asked that his name be withheld for privacy reasons, said he still has scars on his wrists from his attempt to commit suicide following the arrest.

"This whole thing has brought all this back up," he said. "I've moved on from my life. I'm a businessman now. I've been a relationship for more than 10 years now. It's like someone's put a bomb under me."

Northumbria police, who are responsible for Newcastle, denied that they targeted the man because of his sexuality. The force declined, however, to say whether it would destroy the DNA sample or review other cases.

The Association of Chief Police Officers said Wednesday it would re-issue guidance to police forces on taking DNA samples.

Britain's Home Office, the ministry which governs police, also said the now-defunct indecency laws need to be revisited.

"It is unacceptable that homosexual men have been living for decades with criminal records for consensual sex," the Home Office said in a statement Wednesday.

___

Online:

Peter Tatchell: http://www.petertatchell.net

Raphael Satter can be reached at: http://raphae.li/twitter

Source: http://news.yahoo.com/uk-police-accused-wrongly-taking-dna-gay-men-170556592.html

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Statement from the National Rifle Association of America In Response to President Obama?s Gun Control Proposals

(EMAILWIRE.COM, January 16, 2013 ) Fairfax, Va. ? Throughout its history, the National Rifle Association has led efforts to promote safety and responsible gun ownership. Keeping our children and society safe remains our top priority.

The NRA will continue to focus on keeping our children safe and securing our schools, fixing our broken mental health system, and prosecuting violent criminals to the fullest extent of the law. We look forward to working with Congress on a bi-partisan basis to find real solutions to protecting America?s most valuable asset ? our children.

Attacking firearms and ignoring children is not a solution to the crisis we face as a nation. Only honest, law-abiding gun owners will be affected and our children will remain vulnerable to the inevitability of more tragedy.

-NRA-
Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group. Four million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at www.facebook.com/NationalRifleAssociation and on Twitter @NRA.

Source: http://www.emailwire.com/release/111623-Statement-from-the-National-Rifle-Association-of-America-In-Response-to-President-Obamas-Gun-Control-Proposals.html

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Eagles, new coach Chip Kelly face dilemma on what to do with Michael Vick - Yahoo! Sports

FOXBORO, Mass. ? The multimillion-dollar questions facing the Philadelphia Eagles and new coach Chip Kelly are intriguing:

Do you keep quarterback Michael Vick around at least for a while to see how he might fit in Kelly's high-tempo offense? Do you fully commit to using Vick, a passer who seems to be at a career crossroads, because he happens to have enough running ability to add that extra bit of pizzazz to Kelly's attack? Or do you part ways right away with Vick, save a small amount of money and commit to either Nick Foles or somebody else to run your offense.

Michael Vick was relegated to spectator the final six games of 2012. (AP)Vick's future just got cloudier with the hiring of Kelly, who shifted gears Wednesday on the NFL after previously turning down the Cleveland Browns earlier this month and the Tampa Bay Buccaneers last year.

Kelly's top reason for changing his mind is not as much about money as some people will lead you to believe. According to a source close to Kelly, he was intrigued by the challenge of the NFL, but only wanted to go to a place where he could win and win quickly.

The Browns didn't fit the mold because the talent on the roster doesn't resemble what Kelly needs to run his up-tempo style. Kelly went along with the interview because he was curious about what Browns owner Jimmy Haslam had to say and didn't mind the idea of getting a little contract leverage against Oregon.

The Eagles, however, were always in the back of Kelly's mind as a perfect option. With running back LeSean McCoy and wide receivers DeSean Jackson and Jeremy Maclin, Kelly has a ready-made foundation.

"Yeah, DeSean, he might like that system just a little. I'll say that," former Oregon and current New England Patriots safety Patrick Chung said Wednesday with a knowing grin:

[Related: Chip Kelly's surprise decision means he believes in Eagles opportunity]

That's why when Kelly made the mildly surprising move on Wednesday, it wasn't all that shocking to people who know him.

"I really don't think Chip was manipulating the situation," the source said. "He was happy going back to Oregon. But when the Eagles kept calling, Chip was always thinking about it. It was like, 'That's interesting, I'm thinking about it.'?"

Of course, the issue Kelly has to settle first and foremost is what to do about quarterback. Many people in Philadelphia have been under the assumption that Vick was out after this season. Vick committed 15 turnovers (10 interceptions, five lost fumbles) in 10 games this season and was sacked 28 times. He finished with a quarterback rating of 78.1, his lowest since returning to the NFL in 2009.

Still, Vick is the kind of quarterback who can be a perfect motor for Kelly's offense because of his running talent. Kelly can also modulate that style to fit more of a typical pocket passer. The best evidence of that is what New England and quarterback Tom Brady have done the past couple of years (and this season, in particular) in borrowing concepts from Kelly by playing faster and faster, particularly in the red zone. That's why Nick Foles could also work as the Eagles quarterback.

What Vick apparently fears is that Kelly will keep him around all offseason before making a final decision. Yes, there is a moderate financial danger to keeping Vick. According to a source familiar with Vick's contract, $3 million of Vick's $15.5 million salary for the 2013 season becomes guaranteed on March 11. Other reports indicate that date is in February. In either case, it's early enough that Kelly will have to make a decision sooner than later.

Chip Kelly guided Oregon to a Fiesta Bowl victory two weeks ago. (AP)Then again, Kelly could just have the Eagles pay the $3 million and then measure the situation later. He could see how Vick fits. In addition, it's hard to believe that Kelly took this job with Foles as his dream option at quarterback. Any coach with any sense of creativity (and Kelly is extremely creative) would look at an athlete like Vick and think about the possibilities.

Moreover, Kelly might actually need Vick in the short-term to sell his concepts. One of the big issues that Kelly has in coming to the NFL is credibility. He has zero NFL experience and only a handful of friends in the league. Even those close to him worry that if he brings in a staff loaded with college assistants, players could be wary.

"You know how players are, if it doesn't work right away, they'll lose confidence in what he's teaching and they'll tune him out," the source close to Kelly said. "He needs to be good right away. Whether it's winning or just scoring points, he has to prove that the system works."

[Related: Minority coaches continue to get shunned by NFL teams]

If you have that kind of burden coming in, who would you rather have at quarterback: Vick or Foles?

At the very least, you'd probably like to have a choice for as long as possible. From Vick's perspective, he would love to see the Eagles keep him, particularly at his scheduled salary. But if there is some wavering by the Eagles about the long-term plan, Vick might just want out, figuring he can get a better contract and a better situation now rather than by waiting. That's yet another difficult consideration.

In other words, welcome to the NFL, Coach Kelly.

More NFL video on Yahoo! Sports:

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Lean budget bill starts spending talks in Texas

AUSTIN, Texas (AP) -- Republican lawmakers proposed early budget drafts Monday that would keep in place deep spending cuts to Texas schools but leave about $5.5 billion on the table, measures they called careful starting points in their efforts to limit spending and push tax relief this session.

Both the House and Senate also are opening budget talks with no new money for the state's beleaguered $3 billion cancer-fighting effort, further clouding the future of the Cancer Prevention and Research Institute of Texas as the agency reels under a criminal investigation.

Critics pounced on the lean proposals as tantamount to more spending cuts on top of the nearly $15 billion lawmakers chopped in 2011. Republicans said their proposals fund public school enrollment growth for an estimated 170,000 new students in 2014-15, but some budget observers argued that math only works if Texas once again decreases per-student spending.

Republican Lt. Gov. David Dewhurst said the Senate bill ensures that a roaring Texas economy will keep adding jobs.

"To maintain that opportunity, we need to make sure to keep our spending under control, fund our priorities and keep our taxes low," Dewhurst said.

The House budget bill comes in at $89.1 billion and the Senate's at $88.9 billion. Both are expected to be filed Tuesday, and the nitty-gritty details of the proposals were not immediately released.

When lawmakers returned to the Capitol last week for a new session, they were greeted with a sunny $101.4 billion revenue forecast to spend on the next two-year budget. Coupled with a nearly $12 billion projected balance sitting in the Rainy Day Fund, teachers and Democrats were hopeful of restoring at least some ? if not all ? of the $5.4 billion cut from classroom spending in 2011.

But Gov. Rick Perry made clear last week there were no promises to roll back any of those reductions, and the budget bills unveiled Monday appeared to deliver on that warning.

The budget proposals are significant but are merely a starting point for negotiations leading to May ? a fact underscored even by the Republicans who introduced the bills. Dewhurst, for instance, left the door open for budget-writers to go back and fund CPRIT if lawmakers are able to beef up oversight and restore confidence in the troubled cancer agency.

Democrats recognized the bills as a first draft, too, but that didn't blunt their frustration.

"I'm disappointed the first draft of the budget continues the historic education cuts," said Rep. Mike Villarreal, a San Antonio Democrat.

Eva DeLuna Castro, a senior budget analyst for the progressive Center for Public Policy Priorities, had not immediately seen the full proposals Monday. But she said the only way the state could fund enrollment growth under the numbers announced ? $53.6 billion total for 2014-15 ? was by cutting per-student spending statewide. That's what lawmakers did in 2011, reducing funding by $538 per pupil while facing a $27 billion total budget shortfall.

DeLuna Castro has estimated that lawmakers need to pass a $96 billion budget this session just to maintain state services at the current levels and keep up with population growth.

"This comes nowhere near what is needed to fix our schools, ensure access to health care and do something about congestion on our roads," she said.

The decision to appropriate no new grant money to CPRIT came as somewhat of surprise. Although both Republicans and Democrats have been lining up to blast the embattled agency in recent weeks, lawmakers have mostly called for stricter oversight instead of cutting off funds entirely.

CPRIT is under a moratorium from handing out any taxpayer money while prosecutors investigate an $11 million grant to a private company. Agency leaders approved the award in 2010 without reviewing or scrutinizing the proposal, and the discovery in October was the last in a series of yearlong problems that resulted in sweeping resignations.

Republican Rep. Jim Pitts, chairman of the budget-writing House Appropriations Committee, said the Legislature is expected to pass a $6.8 billion supplemental spending bill in the coming weeks that will settle holes in the current budget. Most of that is in the form of a $5 billion Medicaid tab from last session.

The Senate proposal reflects a 1.8 percent increase in general-revenue spending compared to the current budget. Pitts said the House proposal covers Medicaid caseload growth for the next two years.

"For us to think that we can go back to the same spending levels that we did before the recession is unrealistic," said Democratic Sen. Juan Hinojosa, vice-chairman of the Senate Finance Committee.

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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

Source: http://news.yahoo.com/lean-budget-bill-starts-spending-150236764.html

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Leap Motion Teams Up With Best Buy As Exclusive Retail Launch Partner, Pre-Orders Start In February

Leap Motion, makers of the innovative Leap Motion controller for PCs, today announced that at launch, it will sell its device exclusively through Best Buy's physical and online stores in the U.S., as the only other sales channel for the device besides its own website. Leap Motion will also be available soon for pre-order from Best Buy beginning in February, and will come to Europe and other world markets through other partners not yet announced.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/AnC7JT4Lz_0/

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