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Hi all, 

I'm ccing leftgeog in the US in on this conversation about JSTOR so that they can perhaps jump into or spawn their own discussion about this matter.  I am also posting the two statements JSTOR made publicly below, one on Jul19 and Jul21.

Jen 


STATEMENT 1
---------- Forwarded message ----------
From: Laura Brown <[log in to unmask]>
Date: Tue, Jul 19, 2011 at 6:51 PM
Subject: JSTOR Misuse Incident | Criminal Indictment

Dear Colleagues -

Publishers with journals available on JSTOR earlier this year are already aware that we experienced a significant misuse of the database in which a substantial amount of content was downloaded and later secured by us.  Our original message about this is included below so that all of our publisher partners, including those whose content was not or has not yet been released, are aware of this incident.

At this point, we want to inform you that the individual identified as being responsible for the misuse, Aaron Swartz, was indicted today on charges related to computer fraud and abuse by the United States Attorney’s Office for the District of Massachusetts. 

Again, we were already successful in securing the content that was taken and receiving confirmation from Mr. Swartz that the downloaded content was not and would not be used, copied, transferred, or distributed. The case announced today is a criminal matter brought by the United States against this individual.  JSTOR has been subpoenaed by the US Attorney’s Office, and we are cooperating fully.   

Given that this is an ongoing criminal case, we cannot comment on the matter.  If you have questions about today’s indictment, you can read the Department of Justice press release attached.

Sincerely,

Laura Brown

 

June 10, 2011 Publisher Message Regarding Misuse

Dear Colleagues –

I am writing to make you aware that JSTOR experienced a significant misuse of its database in which a substantial portion of the content was downloaded in an unauthorized fashion using the network at one of our participating universities.  The situation has been remedied and the data are secure, though I wanted to alert you given the scale of the incident and to share additional steps we are taking to prevent these occurrences in the future.

The content that was taken was systematically downloaded using an approach designed to avoid detection by our monitoring systems.  Fortunately, we were able to uncover the activity and worked with the institution to isolate the source on campus and to stop it.  An individual believed to be responsible for this activity was later identified. We understand this person was not affiliated with the school.

Our highest priority has been to secure the content and ensure that it not be distributed.  I am pleased to report that the data have been turned over and we have received a signed agreement from the individual identified in which this person confirmed that the downloaded content has not and will not be used, copied, transferred, or disseminated. 

We have also undertaken a review of our monitoring systems to guard against future efforts of this kind.  Stroz Friedberg, a firm specializing in this area, has been retained to help us enhance the security of our systems as well as our monitoring techniques.  Additionally, we have contracted with Attributor, experts in antipiracy solutions used by many publishers, to monitor the Internet for content that might have been inappropriately downloaded from JSTOR.

This is a matter that we take very seriously.  Over the years, JSTOR has had practices in place to monitor for excessive usage as well as to locate and remove copies of materials online that people may have inadvertently or inappropriately taken from JSTOR and subsequently posted elsewhere.  We will continue to develop and improve our systems to be responsible stewards of your content.

I invite you to call or email me with any questions you may have about this situation. 

Sincerely,

Laura Brown
EVP and JSTOR Managing Director
 


STATEMENT 2

---------- Forwarded message ----------
From: Laura Brown <[log in to unmask]>
Date: Thu, Jul 21, 2011 at 9:51 PM
Subject: Latest Regarding JSTOR Misuse Case and Criminal Indictment


Dear Colleagues –

I am writing to follow up on my message earlier this week. Those of you following the news and social media outlets may be aware that news of Aaron Swartz’s indictment has received significant attention, in part because he is well known as a hacker and activist.  I point you to the New York Times coverage here for further insight:  http://www.nytimes.com/2011/07/20/us/20compute.html.

This morning we became aware that an individual, who claims to have been inspired by the Swartz indictment, posted a set of pre-1923 articles from the Philosophical Transactions of the Royal Society on a file sharing website along with an explanation of his reasons for doing so.  He claims that these are “JSTOR documents,” though we have not confirmed this yet.  We are working closely with the Royal Society to determine how to address this situation.

I wanted to make all of you aware of this.  We are unaware of any additional efforts by this or other individuals to post other significant amounts of content from JSTOR on these sites or to otherwise distribute it.  As noted previously, we are now working with Attributor, experts in antipiracy solutions used by many publishers, to monitor the Internet for content that might have been posted on other sites without authorization, as well as with the digital security firm, Stroz Friedberg.

It seems like not a day goes by where we don’t read about a new hacking incident or about the debates regarding piracy and whether or not information “wants to be free.”  There are costs associated with preserving and providing access to content.   It is unfortunate that JSTOR and the scholarly publishers with whom we work find ourselves in this situation when we have worked, and continue to work, extremely hard to provide access to scholarship to more and more people around the world in ways that are sustainable and that assure the public that the content will also be preserved and available into the future.

We will keep you apprised of additional important developments as we learn them.  In the meantime, please do not hesitate to contact me if you have questions or want further information.

Sincerely,

Laura Brown
JSTOR Managing Director
 





On Fri, Jul 22, 2011 at 8:23 AM, Matthew J Rippon <[log in to unmask]> wrote:
 The URL http://www.wired.com/threatlevel/2011/07/swartz-arrest/ links to the incitement (pdf) which makes for interesting reading and indicates that Schwartz is a dedicated guy.

He also has a history of mass collecting "public" documents and releasing them: http://www.wired.com/threatlevel/2009/10/swartz-fbi


On 21/07/11 23:17, Deb Ranjan Sinha wrote:
http://www.wired.com/threatlevel/2011/07/swartz-arrest/

interesting points:

* JSTOR is not pursuing the legal case, the US feds are.

* Swartz used guest accounts to access the network and is not accused of any
hacking.

 * There are (unknown) limits, i.e. you can booted off the (e.g. JSTOR)
network for too much downloading.


--
Matthew Rippon
School of Geography
Queen Mary, University of London
Mile End Road, London, E1 4NS

[log in to unmask]
http://www.geog.qmul.ac.uk/staff/ripponm.html



--
Jen Gieseking
German Chancellor Fellow, Alexander von Humboldt Foundation
Ph.D. Candidate in Environmental Psychology, The Graduate Center of the City University of New York
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www.jgieseking.org