Barbara K Iverson

This raises uncomfortable similarities to the disturbing saga of Aaron Swartz, who ultimately committed suicide after facing the threat of years in federal prison for violating the Computer Fraud and Abuse Act (“CFAA”). While the substantive criminal charges and motivations between Brown and Swartz may have been different, they present a clear view of just how powerful and uncomfortable the scrutiny of federal law enforcement can be. At a time when the White House is seeking to increase penalties under the CFAA, these cases highlight just how intense federal law enforcement power can be and calls for caution before we expand already harsh criminal laws. While we’re disappointed with the sentence Brown received, we hope everyone takes this sentencing as a clarion call to not only continue the fight for government transparency and press freedom that Brown’s work represents, but to make clear that increasing the criminal penalties and devastating consequences that come with a federal criminal indictment is a bad idea.