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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA,
Plaintiff,
v.
AARON SWARTZ,
Defendant.
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Case No. 11-10260-NMG
AFFIDAVIT OF EMILY J. GRANNON
I, Emily J. Grannon, Esq., state on personal knowledge:
1. I am an attorney licensed to practice in the Commonwealth of Massachusetts andan associate with the law firm of Nutter, McClennen & Fish LLP, counsel of record for third
party, the Massachusetts Institute of Technology (MIT).
2. This affidavit is based upon my personal review of publicly available records andmy personal knowledge of the facts set forth below.
Documents Concerning Threats and Harassment to the MIT Community
3. Attached hereto as Exhibit A is a true and correct copy of the following letterfrom MIT President Rafael Reif to the MIT community: President Reif writes to MIT community
regarding Aaron Swartz, MIT News (Jan. 13, 2013), http://web.mit.edu/newsoffice/2013/letter-
on-death-of-aaron-swartz.html.
4. Attached hereto as Exhibit B is a true and correct copy of the following letterfrom MIT Executive VP and Treasurer Israel Ruiz to the MIT community: Letter from Israel
Ruiz, MIT Executive VP and Treasurer, about Saturdays hoax incident, The Tech Blogs (Feb.
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http://web.mit.edu/newsoffice/2013/letter-on-death-of-aaron-swartz.htmlhttp://web.mit.edu/newsoffice/2013/letter-on-death-of-aaron-swartz.htmlhttp://web.mit.edu/newsoffice/2013/letter-on-death-of-aaron-swartz.htmlhttp://web.mit.edu/newsoffice/2013/letter-on-death-of-aaron-swartz.html -
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27, 2013), http://techblogs.mit.edu/news/2013/02/letter-from-israel-ruiz-mit-executive-vp-and-
treasurer-about-saturdays-hoax-incident/.
5. Attached hereto as Exhibit C is a true and correct copy of the following MITstudent newspaper article: Joanna Kao, Saturday report of a gunman on campus a hoax, The
Tech (Feb. 26, 2013), http://tech.mit.edu/V133/N7/hoax.html.
6. Attached hereto as Exhibit D is a true and correct copy of the following letterfrom MIT President Rafael Reif to the MIT community: President Reif writes to MIT community
regarding release of documents related to Aaron Swartz case, MIT News (Mar. 19, 2013),
http://web.mit.edu/newsoffice/2013/reif-letter-swartz-documents-0319.html.
7. Attached hereto as Exhibit E is a true and correct copy of the followingHuffington Post online article: Gerald Smith,MIT Officials Subject to Pattern of Harassment
and Personal Threats Since Aaron Swartzs Death, Huffington Post (Mar. 19, 2013, 10:47 am),
http://www.huffingtonpost.com/2013/03/19/mit-aaron-swartz_n_2906968.html.
8. Attached hereto as Exhibit F is a collection of excerpted online comments thatwere posted on the Huffington Post website in response to, and within the first 24 hours of the
publication of, the article attached as Exhibit E. I personally downloaded these comments from
the Huffington Post website on March 20, 2013. All identifying information concerning the
commenters has been removed.
9. Attached hereto as Exhibit G is a true and correct copy of the following onlineBoston Globe article: Swartz case protest at Boston US Attorneys home, Boston Globe (Mar. 12,
2013), http://www.boston.com/news/local/massachusetts/2013/03/12/swartz-case-protest-boston-
attorney-home/saJzuEYKIrjoF0MM2Sxi9M/story.html.
10. Attached hereto as Exhibit H is a sampling of emails received by the MIT News
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http://tech.mit.edu/V133/N7/hoax.htmlhttp://tech.mit.edu/V133/N7/hoax.html -
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Office since Aaron Swartzs death on January 11, 2013. All identifying information concerning
the senders has been removed.
Documents Concerning MIT Computer Network Breaches
11. Attached hereto as Exhibit I is a true and correct copy of the following onlineWashington Post article: Hayley Tsukayama,Anonymous hacks MIT sites to post Aaron Swartz
tribute, call to arms, Washington Post (Jan. 14, 2013), http://articles.washingtonpost.com/2013-
01-14/business/36323094_1_jstor-aaron-swartz-legal-battle.
12. Attached hereto as Exhibit J is a true and correct copy of the following MITstudent newspaper article: Joanna Kao & Ethan Solomon,Anonymous Hacks MIT, The Tech
(Jan. 16, 2013), http://tech.mit.edu/V132/N62/anonymous.html.
13. Attached hereto as Exhibit K is a true and correct copy of the following MITstudent newspaper article: Joanna Kao,MIT DNS hacked; traffic redirected, The Tech (Jan. 23,
2013), http://tech.mit.edu/V132/N63/hack.html.
14. Attached hereto as Exhibit L is a true and correct copy of the following onlinestatement issued by the MIT Information Services & Technology Department:IS&T addresses
concerns about MITs network, MIT News (Feb. 5, 2013), http://web.mit.edu/newsoffice/2013/
isat-addresses-concerns-about-mits-network.html.
15. Attached hereto as Exhibit M is a true and correct copy of the following onlineBoston Globe article: Katherine Landergan, Following Aaron Swartzs suicide, MIT network
attacked three times, Boston Globe (Feb. 7, 2013, 12:47 PM), http://www.boston.com/
yourcampus/news/harvard/.2013/02/following_aaron_swartzs_suicide_mit_network_attacked_
three_times.html.
Documents Concerning the House Committee on Oversight and Government Reform
16. Attached hereto as Exhibit N is a true and correct copy of the Letter from
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Chairman Darrell Issa and Ranking Member Elijah Cummings to Attorney General Eric Holder,
dated January 28, 2013.
17. Attached hereto as Exhibit O is a true and correct copy of the Letter fromReginald J. Brown, Esq. to Chairman Darrell Issa and Ranking Member Elijah Cummings, dated
March 25, 2013.
Signed under the penalties of perjury this 29th day of March 2013.
__/s/ Emily J. Grannon
Emily J. Grannon
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Collection of Online Comments Posted on March 19th
and 20th
, 2013 in
Response to Huffington Post Article Concerning President Rafael Reifs
Public Statement Regarding Documents
9 hours ago ( 7:48 AM)
I hope the MIT officials live with that fear for the rest of their lives for what they did
20 hours ago ( 8:39 PM)
They probably deserve what they are getting.
21 hours ago ( 7:38 PM)
To me the whole case was pointless. I wonder how MIT people sleep at night, oh I forgot they
are being harassed now, good.
22 hours ago ( 6:30 PM)
By hiding and suppressing these names, MIT is practically screaming for Anonymous to show
up and reveal them.
24 hours ago ( 5:19 PM)
Actually, they're reaping EXACTLY what they sowed. Let the have a taste of what they caused.I'm pretty sure none of them will be harrassed to the point of killing themselves, so they get the
"soft" version and still whine about it.
24 hours ago ( 4:38 PM)
If the courts will not punish these killers, the people must.
04:31 PM on 03/19/2013
..at least no one has harassed any of them to DEATH! Sorry MIT no sympathy over here....
04:27 PM on 03/19/2013
Good, MIT deserves all the harassment they can get. They're to blame for his death.
03:09 PM on 03/19/2013I guess MIT is learning there are consequences for their terrible treatment of Mr. Swartz. Now
maybe they can feel the pain Mr. Swartz was under when he took his own life.
MIT officals could have prevented Mr. Swartz death by not remaining silent during the federal
investigation.
I am totally against harassment and personal threats against anyone but I do hope MIT officals
are fired and MIT has to pay a huge fine in this case.
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02:51 PM on 03/19/2013
I'm wondering if this article is trying to make me feel sympathy for the MIT officials who didn't
stand up for Swartz.
I think it failed....they're being harrassed and threatened? Karma really sucks, sometimes
02:26 PM on 03/19/2013
Although "they" won't read it, I and others will. And endorse it.
However, until they are afraid to leave their residences they won't know how he felt.
But that's a repairable problem.
02:25 PM on 03/19/2013
Good. They should have trouble sleeping but people like these generally are sociopaths.
02:23 PM on 03/19/2013
I think it is only fair that those who helped prosecute Swartz for acting like tax-payer funded
research is inherently public property be exposed to the full range of pressures Swartz endured.24/7. 27/7...365, unless every 4th year.
Until they can't get out of bed.
02:14 PM on 03/19/2013
So, "MIT Officials Subject To 'Pattern of Harassment And Personal Threats' Since Aaron
Swartz's Death." Good. May those responsible (and they know who they are) forever be lookingover their shoulders and, when not afraid, feel crushing guilt and angst over the destruction they
have wrought.
01:57 PM on 03/19/2013
Those "officials" should go to their graves in shame. Maybe they're so used to chummying up to
DARPA that they never even considered that they would be ruining the life of one of theirbrilliants. Serves them right.
01:27 PM on 03/19/2013
Threatening them with violence is wrong. Hard to care though; it's just what goes around, comesaround. Maybe one of them will commit suicide.
12:24 PM on 03/19/2013"In this volatile atmosphere, I have the responsibility to protect the privacy and safety of those
members of our community who have become involved in this matter in the course of doing their
jobs for MIT ..."
and
MIT officials declined to support a petition last fall that could have helped Swartz avoid prison.The school also provided details of Swartz's computer activity to law enforcement without a
court order, helping prosecutors build their case against him.
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10:57 AM on 03/19/2013
I hope these MIT officials who so desperately wish to remain nameless will endure the same
level of threats and harassment that was directed at Mr. Swartz.
2183380.1
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Sampling of Emails Received by the MIT News Office in Response to Aaron Swartzs Death
(All Identifying Information Deleted)
Subject: Shame
Why is there no place where the public can express their outrage and disgust with MIT over thehounding of Aaran Swartz? MIT caused this young man to commit suicide and yet you have noplace where the US taxpayer can comment on your actions. Shame on MIT for your refusal tobecome part of the overall community.
Subject: Aaron Swartz
The silence of MIT in the period of time leading up to the death of Aaron Swartz sickens me. Why the lack
of backbone of the administration to speak out in Aaron's defense? This will be a ugly mark on MIT's
reputation for a long time to come. Shame on all of you that are entrusted to guide this institution
Subject: #aaronsw
Investigation? Into the blatant fact that some people will do absolutely anything to further their career?
Murderers.
Subject: Aaron Swartz death
Decisions made by officials in the Massachusetts U.S. Attorneys office and at MIT contributed tohis deathDecisions made by officials in the Massachusetts U.S. Attorneys office and at MIT contributed to
his death
This is horrible and obscenely evil behavior on the part of the MIT leaders who authorized andallowedit. You know who you are and should feel deeply ashamed and sorry for your actions. Howawful, awfulyour actions were, ruining the life of an intellectually gifted young man.
Subject: BloodIt does not matter how good your reputation is when you find yourself with the blood of a genius on your
hands.
Not all great Neptunes ocean will suffice to wash it off.
But, dont worry. Putin understands using law enforcement to drive your opponents to suicide. Or lock
em up as an example, right?
Your President should have the decency to resign.
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Subject: [Web-query] Please pass on this message to your employer
Hi,
Please pass on my contempt for the MIT Fascists who drove Aaron Swartz
to his death.
They will for ever be tarnished with this legal hounding of a genius.
Shame on them.
Subject: MIT News Office: We demand L. Rafael Reif's Resignation
This is an inquiry e-mail viahttp://web.mit.edu/newsoffice/
The actions you have taken against Mr. Swartz are inexcusable. We the people
demand you take accountability for your actions. If you do not comply within
72 hours we will be forced to take action.
2185451.1
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