Category Archives: Video

Episode 7: Aaron Swartz Day 2024

Aaron would have been 38 years old on Friday, November 8th, 2024.

We had a great podcast to celebrate this year’s Aaron Swartz Day on Saturday November 9th at 2pm PST/10pm UTC.

Here’s the link to the video: https://www.youtube.com/live/MZ-PQjP-XRo?si=dFy3YyImpOo18wPQ

 

We got a lot of bad news this last week when we learned that Donald Trump had been re-elected president. It’s so strange to wake up and find yourself at the dawn of what will basically be an authoritarian regime run by the same criminals that just got done fleecing our country a mere 4 years ago.

To make matters worse, it seems that racism, misogyny, xenophobia and transphobia are more widespread than ever in the United States. We are having our Brexit moment, where fear and uncertainty have driven people to make decisions that are ultimately against their own best interests – they just don’t know it yet.

With all this in mind, it’s more important than ever now for us to continue our important work, stay true to each other and stay true to our ideals, during what is sure to be a dark and tumultuous period in the history of the world.

We do believe we can get through it though! And we’ll do it together.

Special Guests on this show:

Hosted by Lisa Rein and Andre Vinicus Leal Sobral.

Our first speaker will be Ryan Shapiro, co-founder of the national security  transparency non-profit Property of the People, and the researcher who discovered why the FBI had such an interest in Aaron in the years right before the JSTOR fiasco. Ryan will talk with us about the catastrophic situation in which we now find ourselves as the fascists behind the failed January 6 coup seize control of the country.

Next, we’ll get a report on the current status of SecureDrop, from Nathan Dyer, Newsroom Support Engineer for the Freedom of the Press Foundation.

Tracey Jaquith, Founding Coder and TV Architect at the Internet Archive, will come on to discuss: Microservices, Monoliths, and Operational Security – The Internet Archive in 2024.

Tracy Rosenberg, Co-founder of the Aaron Swartz Day Police Surveillance Project and Oakland Privacy. Tracy will give us an update on the latest crop of surveillance battles.

Brewster Kahle will pop in to say hello at some point!

Ryan Sternlicht: The Next Layer of Reality: Social Identity and the New Creator Economy

As VR starts to become more well developed and used for social interaction, more and more people need avatars that represent themselves in VR, this has caused many different VR avatar creators, avatar shops, and tools to create avatars to start popping up. How will this economy grow and change, how will avatars evolve, and what tools are in the works to allow for better avatars.

Grant Smith Ellis, Chairperson of the Board, MassCann and Legal Intern at the Parabola Center, discussing: Jury Trials in the Age of Social Media.

Michael “Mek” Karpeles, Open Library, Internet Archive will give a presentation:   When it Rains at the Archive, Build an Ark –
Book bans, Lawsuits, & Breaches

 

 

Brewster Kahle: Plea Bargaining and Torture

Brewster - Plea Bargaining Torture - 1
Brewster Kahle at the Internet Archive’s Aaron Swartz Day Celebration, San Francisco, California, November 8, 2014

Audio Clip:

Link to video of Brewster’s talk (Direct link to Brewster’s talk from within the complete video of all speakers from the event.)

The transcript below has been edited slightly for readability.

Complete transcription:

Welcome to the Internet Archive. I’m Brewster Kahle, Founder and Digital Librarian here, and welcome to our home.

For those that haven’t been here before… The little blinking lights on the 5 petabytes of servers that are in the back, are actually serving millions of people a day, and being kind of a digital library. The little sculptures around are people who have worked at the Internet Archive, including one of Aaron Swartz up toward the front. In the front because he was the architect and lead builder of OpenLibrary.org, which is an Internet Archive site. And also worked on putting Pacer into the Internet Archive (RECAP), Google Books public domain books, and other projects that we’ve worked on over the years. So with this, we’d like to say, “Happy Birthday Aaron, we miss you.”

I’m going to talk about a cheery subject: Plea Bargaining and Torture. When I was trying to think through the approach that was used to bring down Aaron Swartz and to try to make a symbol out of him, I typed these words into my favorite search engine (“Plea Bargaining and Torture) and back came a paper on the subject, that I am going to summarize and also elaborate on.

I found this wonderful paper, by a Yale Law Professor, in 1978, comparing European Torture Law and current Plea Bargaining. This might sound a little bit far fetched, but stick with me for a minute.

European Torture Law, I had no idea, was actually a regulated, implemented, part of their court system. It started in 1215, when they stopped going and saying “you’re guilty because God said so.” They had to come up with something else. So they basically had to come up with something that was *that sure.* And they said you either had to have two eyewitnesses, or, you had to confess. And this was actually an unworkable system. And instead of changing that, they tried to force confessions, and they had a whole system for how to do it. They had basically how much regulation, how much leg clamping you had. How many minutes of this, for different crimes.

Brewster - Plea Bargaining Torture - 7

So you can see in this diagram, and you can see this guy getting tortured here, but he is surrounded by court clerks. So, it’s not this, sort of, the Spanish Inquisition, as Monty Python would have it. This was actually a smart people state-sponsored system that was trying to fix a bug in their court system, in that it was too hard to convict people. So they tortured them into confessions.

Sound familiar?

So, in the United States, now, we have between 90 and 99 percent. It depends whether you are in Federal or State court, or which county you’re in. 97% of all convictions at the Federal level are done with plea bargaining.

Brewster - Plea Bargaining Torture - 3

So you have basically no chance of having a jury before your peers. This is basically a threat system. They actually did studies in Florida where they jacked up the sentences, and the number of people that plea bargained went up. It’s a system to handle convictions outside of the Court System. Outside of the Jury System. Unfortunately, our Constitution actually has something to say about this that’s in pretty direct contradiction:

“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;…”
– Article III.2 U.S. Constitution (http://www.archives.gov/exhibits/charters/constitution_transcript.html)

Brewster - Plea Bargaining Torture - 2

But as another thinker on this has said, basically Plea Bargains have made jury trials obsolete.

Brewster - Plea Bargaining Torture - 4

When Aaron Swartz was threatened with 35 years, it’s got to have hit a young, idealistic person pretty hard. 35 years for downloading books too fast from the library? This doesn’t make any sense. Yet that’s a pretty big threat, and may have had something to do with it. When this sort of played out, after his death, I just found that these quotations notable enough that I’m going to sort of, bore you, with putting them up.

Brewster - Plea Bargaining Torture - 5

So he was faced with 35 years, thanks to Carmen Ortiz. Wonderful. And the Justice Department had never intended for this. No more than a three, four, or potentially five-month range,” said the top attorney in the United States. And we shouldn’t really judge what the prosecutors were doing, based on what they threatened him (with), just by what they were going to do if he pled guilty.

So I think we’ve got a real problem with this. So what’s to do?

Well, I say we should make some noise about it. I think some of the reasons that we don’t make noise about it is it doesn’t happen to our friends. This sort of thing happens to a lot of “other people.” But, in this case, it did happen to our friend, and I think that it’s important for us to respond to it.

Brewster - Plea Bargaining Torture - 6

I think John Oliver has been on a roll, in terms of some of these unbelievable sorts of diatribes of going and actually doing research and bringing it in front of people in an interesting way. I’d also like to pitch: “is there a documentarian in the house, say?” That we should go, and really go and put this type of behavior in front of more people.

There are others that are trying by not pleading, but it has its downsides. Basically, gum up the courts. At least for me, I take off my… I don’t go through the surveillance device in the airports, and yes it gums them up a little bit, and I feel like that’s my part to help. Would I actually, if it came right down to it, not plead? To help move this forward? I don’t know. By enlarge, we’ve got ridiculous catch-all laws, and we’ve got sentences that are just outrageous, and these have just got to come under control, as well as let’s actually hire some judges.

Chelsea Manning’s May 10 Video Statement – Full Transcription

Index of Materials re: Chelsea’s Resistance to Two Grand Jury Subpoenas

Chelsea Manning speaks from the heart in a YouTube video on May 10, 2019.
Chelsea was incarcerated for 63 days for refusing to testify to a Grand Jury.
28 of those days were under solitary confinement conditions.

See the video here.

Complete Transcription:

Good evening.

Two months ago, the federal government summoned me before a grand jury in the Eastern District of Virginia.

As a general principle, I object to grand juries.

Prosecutors run grand juries behind closed doors and in secret, without a judge present.

Therefore, I declined to cooperate or answer any questions.

Based on my refusal to answer questions, District Court Judge Hilton ordered me held in contempt until the grand jury ended.

Yesterday, the grand jury expired, and I left the Alexandria Detention Center.

Throughout this ordeal, an incredible spring of solidarity and love boiled over. I received thousands of letters, including dozens to hundreds of them a day.

This means the world to me, and keeps me going.

Jail and prisons exist as a dark stain on our society, with more people confined in the U.S. than anywhere else in the world.

During my time, I spent 28 days in solitary confinement–a traumatic experience I already endured for a year in prison before.

Only a few months before reincarceration, I recieved gender confirmation surgery.

This left my body vulnerable to injury and infection, leading to possible complications that I am now seeking treatment for.

My absence severely hampers both my public and private life.

The law requires that civil contempt only be used to coerce witnesses to testify.

As I cannot be coerced, it instead exists as an additional punishment on top of the seven years I served.

Last week, I handwrote a statement outlining the fact I will never agree to testify before this or any other grand jury.

Several of my closest family, friends and colleagues supported this fact.

Our statements were filed in court.

The government knows I can’t be coerced.

When I arrive at the courthouse this coming Thursday, what happened last time will occur again.

I will not cooperate with this or any other grand jury.

Throughout the last decade, I accepted full responsibilty for my actions.

Facing jail again, this week, does not change this fact.

The prosecutors deliberately place me in an impossible situation: I either go to jail, or turn my back on the principles that I have.

The truth is, the government can construct no prison worse than to betray my conscience or my principles.

Thank you, and good night.

Brewster Kahle at Aaron Swartz San Francisco Memorial 2013

Come to our Raw Thought Salon from 7-9 pm, with DJs afterwards till 2am :) – TICKETS

Originally posted on January 11, 2016:

Brewster Kahle at the Internet Archive, January 24, 2013
Brewster Kahle at the Internet Archive, January 24, 2013

From the San Francisco Aaron Swartz Memorial. January 24, 2013.

Link to Video on the Internet Archive.

Brewster does a great job of explaining to us about Aaron’s “Open Source Life,” and how “bulk downloading” (although it got Aaron into trouble) is in itself, is not only “not a crime,” but a desirable action with outcomes that benefit the public.

He also sheds light on Aaron’s ongoing quests to make U.S. legal court documents (via PACER) and works in the Public Domain (via GoogleBooks) more publicly accessible (rather than locking both up  behind paywalls or with cumbersome downloading restrictions).

Brewster Kahle:

I learned from Aaron what living an Open Source life was like. I think he really did live that way. He floated and helped others. He gave everything away. He really wasn’t tied to an institution. He really was not a company man in any sense. He was really quite pure in his motivations, and it made him incredibly effective at cutting through a lot of the stuff that most of us deal with.

An open source life.

He was able to keep his self interests at bay, which is kind of remarkable for a lot of us. But he was able to do it. And he was able to communicate well with an open smile and a kind heart. He had a way of communicating with this energy on things that mattered and he had a genius at finding things that mattered to millions of people. There are lots of things to work on, but the things that he worked on were incredibly effective.

We first met, I think, in 2002 at the Eldred Supreme Court case in Washington DC, where we drove a Bookmobile Across, celebrating the Public Domain by giving away books that kids made, and also then at the Creative Commons Launch. But I really got to know Aaron when he said ‘I’d really like to help make the Open Library website with the Internet Archive’ to go and give books and integrate books into the Internet itself. And he said “I’ve got this cool technology, called “Infogami,” it really made it possible to make Reddit happen. Let’s use it again for this other thing.”

And it was wonderful to work with him, but it was really unlike working with anybody else I’ve ever met. You certainly couldn’t tell him what to do, he just kind of did what was the right thing to do, and he was right certainly a lot more often than I was. We also worked together in other areas, when he was a champion of open access, especially of the Public Domain. Bringing public access to the Public Domain.

Most people think that’s kind of an obvious thing. Doesn’t “the Public Domain” mean that it’s publicly accessible? Of course all of us say “No!” It’s sort of like there are these National Parks, with moats and walls and guns turrets sort of pointing out, in case someone wanted to come near the Public Domain. And Aaron didn’t think this was right. And he spent a lot of time and effort freeing these materials.

One of the first ones that we were actively working together on was freeing government court cases, so that anybody could see this without having to have special privilege or money, and also to make it so you could data mine it, and go and look at these things in a very different way. So he freed and liberated a lot of court cases from the PACER system, and uploaded them, in bulk, to the Internet Archive, so that people could have access to these. There are now 4 Million documents, from 800,000 cases that have been used by 6 million people, because of the project that Aaron Swartz and others helped start.

It was an interesting project because it went over many different organizations, each playing a role and all cooperating in a very non-corporate way. It was a very Aaron style way of making things happen. And the idea of making court documents and legal documents available more easily struck a chord with me because, in college, I was trying to figure out how I was gonna try to get out of the draft. And my college didn’t have a legal collection, and the only way that I could try to get to legal court documents was to get an ID from my professor and break in to the Harvard Law Library to go and read court documents. That sucked! It really makes no sense, and Aaron not only sort of saw that it doesn’t make sense. He decided he was going to try to help solve this. Not just for himself, but for everyone.

Then there was other Public Domain collections like the Google Books Collection. Google Books was a library project to go and digitize lots and lots of books. A lot of them were Public Domain. Google would make them available from their website, but really really painfully. It would make it so if you wanted one book, you could get one book. If you wanted 100 books, they would turn off your IP address forever. This is no way to have public access to the Public Domain, and the Internet Archive started getting these uploads of “Google Books.” Going faster, and faster, and faster. Like well, where are these coming from? Well it turns out it’s Aaron. He and a bunch of friends figured out that they could go and get a bunch of computers to go slowly enough to just clock through tons of Google Books and upload them to the Internet Archive. Interestingly, Google never got upset about it. The libraries, on the other hand, grumbled. Which is so… Well anyway. They’ll get over it.

So, when this started happening, we said “Ok. What’s going on? Should we be concerned?” The answer was “No, it’s Public Domain.” We just made sure that we got the cataloging data right, and we linked back to Google, so that if you’re on the book, you can go back to the original page and see the da da da da da. And it all worked well.

But there it was. Aaron doing it again; bringing access to the Public Domain.

What is crushing to me is that Aaron got ensnared by the Federal Government for doing something that the Internet Archive actively encourages others to do for our collections, and we think all libraries should encourage, which is: Bulk downloading to support data mining and other research using computers. This is just the way the world works.

The first step is for a computer to read and analyze materials is to download a set of documents. When Aaron did this from one library, JSTOR, they strongly objected, and demanded that MIT find and stop that user, which then led U.S. Prosecutors to pull out their worst techniques.

Did anybody stop to ask if bulk downloading is a crime? I say “No. Bulk downloading is not, in itself, a crime.” Let’s stop this practice of discouraging bulk downloading, because there are encouraging projects that are learning amazing new things by having computers be part of the research process. Let’s not stop this and discourage young people from coming up with new and different ways to learn things from our libraries.

What resulted, in this case, was tragic, and not necessary. Really, what we want is computers to be able to read. Aaron knew this. We’re all building this, and he got ensnared anyway. Let’s let our computers read.

Because of this tragedy, JSTOR, whom I talked to this morning, and the Internet Archive, have agreed to meet to discuss the broad issue of data mining and web crawling. I hope that we really make progress. At least there’s reasons to be positive.

This assault on Aaron would disillusion, discourage and depress any principled young man, and if there ever was a principled young man, it was Aaron Swartz.

We miss you, and we will carry on your important work.

Link to Brewster’s talk on video at archive.org

All Speakers, SF Memorial, at archive.org

Open Mic Portion of memorial (Includes John Perry Barlow and many other incredible talks)

Barrett Brown and Trevor Timm at Aaron Swartz Day 2018’s Evening Event

Link to YouTube video Internet Archive VideoAudio (.wav)

Trevor Timm and Barrett Brown

Partial transcription:

Trevor Timm: Could you tell us a little bit about what the theme is of your memoir…What are you trying to get across to readers?

Barrett Brown: There are a couple sort of overlapping issues. One is that, these institutions that we’ve inherited. We should not be surprised when they fail. They weren’t invented by philosopher kings with unlimited resources and the ability to implement their vision. They grew up haphazardly by very imperfect people and are frequented and designed and maintained by certain subsets of people that sometimes are outright psychotic. And other times, when they are noble, have their hands tied.

So, we have these institutions crumbling and proving themselves to be less solid than we once assumed them to be. That’s important.

The other important aspect of our age is that we can no longer look back on the 80s and 90s or 60s or anytime prior to determine what’s possible. To determine what’s viable or probable. The framework, the environment in which human collaboration occurs has changed so fundamentally and drastically in a historically short period of time that we cannot base our course of action, or the experiments we undertake, or the things we do on what others were able to pull off. We just can’t. What we can do, is always keep in mind that all human collaboration; Human collaboration is where all this comes from. All of our states. All of our laws. All of our problems. And so when the means change, and the possibilities suddenly increase in ways that we can’t understand yet, we have to explore all of these options. And I think it’s viable to really be able to do that in an effective way in the next decade or so, with Pursuance and all of these other things that are coming out.

Trevor Timm: Absolutely. (pause) With this being Aaron Swartz Day, I’d love to hear from you; Did you actually know Aaron personally? If you did or if you didn’t: How do you think about his legacy?

Barrett Brown: I didn’t really know him. I think I encountered him once or twice online.

He (Aaron) once offered to do an FOIA request on persona management. One of my interests back then. One of these disinformation propaganda methodologies that have come out of the intelligence contract industries, and had been encouraged by various states. Something that I think is very dangerous. So he offered to do his thing on that. To explore the possibilities and see if we could get some information on it. And the interesting thing about that is that I’d sort of forgotten about it until very recently. I’m not sure where that was left. I’m not sure if he got some results back. Someone asked me about it.

But it showed Aaron Swartz knew what was important. He agreed with me on this one aspect of these propaganda methodologies being important, and he also anticipated all of us in envisioning a different kind of internet that we didn’t accept from last year, that we’d actually build from the ground up according to our values…

(Yes, the sound mysteriously goes out for 15 seconds at the end, but probably it was just operator error as there were many errors throughout the broadcast – many apologies and I PROMISE we’ll have a professional webcaster next year :,-(

DJ Spooky’s Talk and Performance From the Creative Commons Launch in 2002

TICKETS

Aaron Swartz Day 2018: The Inside Story – Part 1: DJ Spooky At The Creative Commons Launch (2002)

Complete Transcription, Video, and “Trailer” of “Rebirth of a Nation”

DJ Spooky at the Creative Commons Launch, in San Francisco, December 2002. He is holding up an “Ad busters” flag.

From the transcription, DJ Spooky, Creative Commons Launch, 2002:

To make a long story short, when they asked me to do a piece for this, I was thinking about it. I am in the middle of about three different projects. One of them is “Birth of a Nation” I am remixing that. It’s an early D.W. Griffith film. And many copyrighted works that are pre-1920 are still accessible. The film makes kind of a statement about the ownership of culture, and of course, about ownership of memory. Collective memory.

So that’s the project that’s going to be associated with Creative Commons. What I’d like to do is show a snippet of it. I presented an early work in progress of it at the Castro Theater.

Essentially whenever you hear something and the idea is made, it’s always a sense of playing with memory. What I’m fascinated with in the Eldred case, is the idea of who controls memory. How can you recall an image or a sound that’s essentially part of a collective unconscious. How we think of things that just go through your mind every day and how you externalize that. That’s what DJing is about. It’s playfulness. It’s reverence for controlled memory. Reverence for the found object.

So essentially, that’s what DJing has become. It’s almost a basic fabric; part of the the fabric of contemporary culture. So, there’s that kind of thing, which to me it becomes kind of what I like to call 21st century – a new form of folk music or folk culture…

these issues, always migrate. You control one thing, the net will thread its way around it. And so on and so on.

That sense of control, one of the terms Larry always uses a lot, in his great book “The Future of Ideas” – if you haven’t read it yet; you should – is the idea of “creative co-authorship.” Being able to actually reach into a text and reconfigure it. And if there’s something we’ve seen throughout the 21st century, whether you are looking at the outside of things, or the underground or overground, it’s that sense of; whether you are looking at William S. Burroughs or the Jack Kerouac and the beats in the 50s, or the Dada scene in the 20s, or the early cinema people working with that, is that America has always been the place of “the mix.” But somehow, I think in the 19th century we were a net importer of intellectual property, whereas after a certain point we became a net exporter, and that’s when all these kinds of control issues come up.

Chelsea Manning, Caroline Sinders, and Kristian Lum: “Technologists, It’s Time to Decide Where You Stand On Ethics”

(Left to Right) Kristian Lum, Caroline Sinders, Chelsea Manning.

A lot of folks were wondering about what Chelsea Manning‘ meant when she discussed a “Code of Ethics” during her SXSW talk, last March. Well there’s no need to wonder, because Chelsea discussed this in detail, with her co-panelists Kristian Lum (Human Rights Data Analysis Group) and Caroline Sinders (Wikimedia Foundation), during the Ethical Algorithms track at the last Aaron Swartz Day at the Internet Archive.

Chelsea Manning, Caroline Sinders, and Kristian Lum: “Technologists, It’s Time to Decide Where You Stand On Ethics”

By Lisa Rein for Mondo 2000.

Link to the complete video for Ethical Algorithms panel.

Chelsea Manning

Chelsea Manning: Me personally, I think that we in technology have a responsibility to make our own decisions in the workplace – wherever that might be. And to communicate with each other, share notes, talk to each other, and really think – take a moment – and think about what you are doing. What are you doing? Are you helping? Are you harming things? Is it worth it? Is this really what you want to be doing? Are deadlines being prioritized over – good results? Should we do something? I certainly made a decision in my own life to do something. It’s going to be different for every person. But you really need to make your own decision as to what to do, and you don’t have to act individually.

Kristian Lum and Caroline Sinders.

Caroline Sinders: Even if you feel like a cog in the machine, as a technologist, you aren’t. There are a lot of people like you trying to protest the systems you’re in. Especially in the past year, we’ve heard rumors of widespread groups and meetings of people inside of Facebook, inside of Google, really talking about the ramifications of the U.S. Presidential election, of questioning, “how did this happen inside these platforms?” – of wanting there even to be accountability inside of their own companies. I think it’s really important for us to think about that for a second. That that’s happening right now. That people are starting to organize. That they are starting to ask questions.

Aaron Swartz Ceramic Statue (by Nuala Creed) and Kristian Lum.

Kristen Lum: There are a lot of models now predicting whether an individual will be re-arrested in the future. Here’s a question: What counts as a “re-arrest?” Say someone fails to appear for court and a bench warrant is issued, and then they are arrested. Should that count? So I don’t see a whole lot of conversation about this data munging.

Read the whole thing here. Watch the whole video here.

See all the Aaron Swartz Day 2017 videos here with the New Complete Speaker Index!

Thanks to ThoughtWorks for sponsoring the Ethical Algorithms Track at Aaron Swartz Day 2017. This track has also led to the launch of our Aaron Swartz Day Police Surveillance Project, and we have lots to tell you all about it, very soon :-)

Mitch Kapor Explains How He & John Perry Barlow Recorded Their Meeting with the CIA – at the #BarlowSymposium

(left to right) Mitch Kapor, Pam Samuelson, Trevor Timm, Cory Doctorow, Cindy Cohn

This is from April 7, 2018. Complete transcription and video available here at the Internet Archive. (A complete index of all speakers is forming here on the Aaron Swartz Day website.)

Below is Mitch Kapor’s entire opening talk AND his two Q & A answers. CIA story here.

Cindy Cohn: So let’s start with our esteemed panel.. let me start with Mitch Kapor. He’s a pioneer of the tech industry and a longtime startup investor. He founded Lotus Development Corporation and designed Lotus 1 2 3. The first killer app which made the personal computers ubiquitous in business. He’s the co-founder with Barlow and John Gilmore of the Electronic Frontier Foundation. He was the founding chair of Mozilla, creator of the Firefox web browser, and currently he works to bring together the worlds of business and social impact and to diversify the tech ecosystem.

One of the things that Mitch gave us, that we still use all the time at the Electronic Frontier Foundation, is the idea that architecture is politics. That the idea of embedding cooperation, mutual aid and the sense of civic duty into the Internet’s protocols and operations makes our world better, and that we need to continue to push for that.

So now, without further ado, Mitch Kapor.

Mitch Kapor: Thank you Cindy, and hello to everyone. So many old friends and familiar faces here today. I thought I would read just five short sentences from EFF’s first public statement. “Across the electronic frontier.” It bears both of our names as authors but as you’ll hear it’s really in John’s voice and it sets the tone for what was to come. [01:10:00]

(He starts reading:) “Over the last 50 years the people of the developed world have begun to cross into a landscape unlike any which humanity has experienced before. Cyberspace, the repository for all digital or electronically transferred information, will be the venue for most of what is now commerce, industry, and broad scale human interaction. It is the homeland of the information age. The place where the future is destined to dwell. Certainly the old concepts of property, expression, identity, movement, and context, based as they are on physical manifestation, do not apply succinctly in a world where there can be none. Sovereignty over this new world is also not well-defined. It is therefore a perfect breeding ground for both outlaws and vigilantes.” [01:10:58]

So first of all, this was in 1990. If you can think back, or look back if you’re not old enough to have been there, just prehistoric times. Five years before the web as we know it was even born. Almost no one was on the Internet. It was still very much a research and military driven network that was just beginning to be made available to the public. But Barlow absolutely nailed its essential character and what was going to happen. And that was his genius. And that expression of it was quintessentially Barlovian and it was visionary and poetic. But what he said had enormous practical consequences. And my role in this; I did a bunch of things. I brought some money. I brought some entrepreneurial energy. But as John liked to say I always came equipped to provide Barlow with a hyperbolectomy.

But at the same time, you should know, that so many of the stories that he told were literally true, not literarily true. So, for instance, as he wrote in Crime and Puzzlement. I really did detour my jet to Pinedale, Wyoming. I was on a trip from Boston (where I lived at the time in Silicon Valley) and I could not stop thinking about the dangerous ignorance of the law enforcement’s vendetta against teenage cyberspace vandals and I needed to talk to the only other person I knew who really got it and that was John Perry Barlow. And I flew the jet and stopped in Pinedale, and we connected, and you know the connection was one, a bit the way alien abductees sharing their UFO experiences have. They’re just trying to make sense of this weird thing that’s happened to them, and how to tell it to the larger world. (And that was his metaphor by the way.) [01:13:27]

And thus was born a partnership and like a rock band, unsurprisingly we took our show on the road, not to the Fillmore, but to hearing rooms in the Senate and the house, and inside the bowels of the CIA (where we smuggled in listening devices), into the heart of Silicon Valley, into more than a few dark basements of teenage hackers, and more than one courtroom. (Note! More on the CIA recording in the Q & A answer below).

Yes, the EFF got its start as a civil liberties organization, and for decades, I resented the way The Wall Street Journal characterized us as a “hacker defense fund,” but you know that’s not completely unfair. The issue was it wasn’t just that. Civil liberties were a place where Barlow and I came together, despite our very different politics. But the legacy of EFF, and what we created and what he brought to it, was far more than that.

In hindsight, the biggest impact that I think we had, was in raising consciousness. That these issues matter: property, expression, identity, and movement, and that things were changing, and they were going to change a lot and soon. And there was an urgency to get ahead of the issues before the issues got ahead of us. And to do it in a way that was as thoughtful and as generous of spirit as possible. [01:15:12]

And one of the moments of which he and I were both justifiably proud, was when, the first time, we saw in one room, the hackers and the feds shaking hands and seeing each other as human beings and not faceless enemies. Well, it’s nearly 30 years later now. If anything, I think we underestimated the transformative impact of information technology. And while the crises of today are deeply, deeply troubling, I believe we’re all better off for having gotten an early start; even if, as is surely the case least, if you ask me, we got some of it right and a lot of it wrong. But Barlow never gave up hope and neither should we. And I can feel his generous and optimistic spirit right here in the room today inspiring all of us. Thank you. [01:16:30]

*****

Audience Question: “What did you disagree with Barlow about?”

Mitch Kapor: We really disagreed about whether government could have a constructive role in addressing some of the considerations to get appropriate (Stops. Thinks.)

Well, look at it this way: I thought there was a place for appropriate regulation; public policy around telecommunications and infrastructure, and led EFF on a death march to Washington D.C. and its early days, to try to bring that about. And John, at that point, was a pretty resolute libertarian; the less government the better. I lost that battle entirely, both in D.C. and how it was resolved and EFF became, and was, staunchly libertarian. John Gilmore and I and others, in that phase of things. So it was only later that I came to understand that really the only thing that liberals and libertarians agree about is civil liberties. On pretty much everything else, they’re on you’re on opposite sides. Nonetheless, the fact that we disagreed didn’t reduce the intensity of feeling we had for each other. [01:56:10]

****

Audience question: Can you describe a moment that you and John had that frightened you?

Mitch Kapor: Yeah I alluded to it. We were invited into the CIA, this is early days, to just talk about the issues that we were we were working on. And in Langley, in the headquarters. I’ve never been there. I don’t think John had ever been at that point. And it’s this big fortress and there are lots of signs about no recording devices and turn everything in. And John and I conferred and we devised a plan. We said “well, can we bring in our laptops?” This is in the early 1990s. Yes, actually if you check the laptop, (they said) you can bring your laptop.

Our laptops were recording devices. This was brand new at that point that our Macs had mics in them and audio capture software and this wasn’t a common thing and we said to each other “I wonder if the CIA knows this?” [02:01:50]

So we were scared. And they didn’t know that. And we went in and recorded the meeting inside the bowels of the CIA. Quite illegally. We thought of it as a sort of science experiment. I mean, we didn’t just want to make claims that the government was cluefull or clueless. We wanted to see. Since they made such a big point about the security saying you know understood that Mac duo had a…and they didn’t. But we were pretty nervous going in. That’s a true story!

Transcription by Lisa Rein (Co-founder Aaron Swartz Day & Creative Commons, and friend of John Perry Barlow). Lisa Rein used Teme to start – and then cleaned it up by comparing it to the video, over many days :) Corrections are very much appreciated-please send them to: lisa[@]lisarein.com.

Anna Barlow at the John Perry Barlow Symposium

 Anna Barlow, at the Internet Archive’s John Perry Barlow Symposium, April 7, 2018

To have access to that truth; to protect the availability that the Internet offered in a way that was more raw and accessible to information than ever before. He knew that this was an imperative thing to fight for, and it was second nature for him to fight as hard as he could. – Anna Barlow.

Video and complete transcription available at the Internet Archive.
(A complete index of all speakers is forming here on the Aaron Swartz Day website.)

Anna Barlow: Welcome everyone. Well I just want to say this is such a wonderful event for my family and I. And on the way over here I was thinking what a great thing it is that my dad doesn’t have to be bummed about missing parties anymore because now he can kind of go to all the parties, and he gets the best seat in the House which is which is great. So he would be so tickled about this amazing collection of some of his truly favorite minds and thinkers of all time in one room talking about the ideas that he was most inspired by. Most of them happen to be good friends but that’s just kind of how he rolled; with people that intrigued him the most. This speech was thrown together in the past few days so bear with me here. But it’s an honor to share some thoughts about him here.

The fact that it’s in conjunction with honoring him and his work – which has always been one of his favorite things – is a real treat for him to say the least. And I feel very much that he’s with us today and this weekend. And it’s I’m sure he’s giddy for this beautiful gathering. So thank you all so much for being here. And to EFf and the Internet Archive archive. My dad was kind of like a roving psychedelic data collector slash cowboy spy. The majority of his life.

And I remember as a little girl him coming home to rural Wyoming from his travels. Being so fascinated by these trinkets and books and artifacts from the far reaches of the world. We got to join him on many of these adventures as well as spend some time with him in his home in New York and San Francisco. But for the most part he seemed to always be in a different country every time I spoke with him, most of my life. And I remember him explaining to me as a little girl it wasn’t so much the things in these places that made them so special to visit, but it was really the people that lit up and fueled his love for exploration. When he got sick in the past few years I realized that although this physical presence was stationary, his adventures didn’t stop they just started coming to him. For the first time in his life, my dad was in the same place multiple months at a time, which meant that the people that loved him from all over the world actually knew where to find him.

So they started to come to visit him. Some regularly from across town. Others flew from across the globe just for a day. But everyone that came. No matter how close they were or how well they knew each other came for the same reasons. Beyond just loving him, they came to feel inspired. To feel understood. They needed to have their brains just completely turned inside out and handed back to them in 15 minutes which was really good at. Or sometimes most dependently they needed to just have a good laugh, which he was sure to supply. Even in his darkest of days whether he was meaning to or not, the man could get a laugh out of an old family dog. In fact he often said “it’s humor that saves us from despair.” And up until the very last day, he was still cracking jokes that ended in uncomfortable laughter, uncontrollable laughter (sometimes uncomfortable haha). [00:59:09]

Over the course of the past few years, I found myself returning time and again to the station here in San Francisco to be with him. To help how I could. But I also came for that inspiration and that wisdom and that laughter. I met some incredible visitors of his, over the past few years. Physicists who taught alongside at Harvard. Brazilian supermodels who are still in love with him from 10 years ago at Carnival. Famous suit makers. His old pal, Joey Scalone, that made his favorite deli sandwich in New York, with extra Miracle Whip, that they had just there for him. Dancers. Writers. Politicians. Magicians. Janitors from old hospitals. Leaders of biker gangs. Healers. Priests and childhood friends. Each with a different special story of what my dad meant to them. Each with a different lens of the strong love they felt for him. I remember each distinctly, as they were unique.

One of my favorite visitors really helped me understand my fathers impact on the world of the Internet in a way that I hadn’t before. And, to this day, was one of my favorite Barlow interactions. One day, as my dad was in the hospital, and I was, for whatever reason, feeling a little short wired and tired. Two men walked in with baggy clothes and neck tattoos, and I thought “where in the world does this puzzle piece fall on the insane mosaic of my dad’s life?” My dad was sleeping and the nurse asked for us to go in the waiting room. At first I didn’t feel very talkative, but from pure curiosity, I asked how they knew my dad. [01:00:52]

“He saved our lives. One of them said completely candidly. The other nodded.

“Oh yeah? How’s that?” I asked.

They went on to explain in such a poignant beautiful way, that my dad to them was a contemporary noble knight that rode on and rode in on his white stallion, and one of the most dire moments in their lives and swept them out of harm’s way and they owed everything to him.

These guys, I came to find out where a couple of the first original “hackers” The original whistleblowers who cracked the code to access databases for the good of humanity who fought for the truth. They had been thrown into jail for accessing information that should be shared for the public’s well-being and they were looking at extensive prison terms and my dad fought day and night to get them out. He didn’t know them well at this point, but he felt it was important to stand up for what they were doing, but more importantly to stand up for the people’s right to know the truth. (Cheers and applause from Audience.) [01:01:50]

To have access to that truth; to protect the availability that the Internet offered in a way that was more raw and accessible to information than ever before. He knew that this was an imperative thing to fight for, and it was second nature for him to fight as hard as he could.

Those men those men now live in Silicon Valley with successful startups and families. I wish I remember their names; they might be here. But it was a great interaction and it resembles such a small drop in the bucket of impacts that my father has had in his pursuit for protecting free speech. The right to access it and the pioneering of the Internet as we know it. So thank you dad for all of those important things of vital importance now more than ever to my generation, as well as to every generation to come.

If there’s one thing that my dad believed in more than anything, it was that everyone and everything is connected. The fabric of our lives is a never ending network is a never ending network of connectivity, and the internet nerd network mirrors that in a way that fascinated him entirely until his very last day. He said recently in reference to the internet. “I mean think of how expansive it is. It’s just an extensive ecosystem. It’s capable of keeping God company.” Followed by one of his whimsical chuckles. We’re so thrilled to celebrate him today and all of his work in pioneering free speech and just all of the impacts that he had to keep us in line with what’s important about honoring knowledge and truth today.

So thank you so much for being here. Big things to the EFF and the Internet Archive and we look forward to the speakers. [01:03:36]

Transcription by Lisa Rein (Co-founder Aaron Swartz Day & Creative Commons, and friend of John Perry Barlow). Lisa Rein used Teme to start – and then cleaned it up by comparing it to the video, over many days :) Corrections are very much appreciated-please send them to: lisa[@]lisarein.com.