Internet activist Aaron Swartz’s suicide on Friday has prompted a wave of heartfelt eulogies, commentary — and criticism of his prosecution by US Attorney Carmen Ortiz on charges related to illegally downloading millions of academic papers. Swartz, 26, was a computer prodigy, helping at age 14 to develop RSS, the widely-used Internet tool that lets subscribers receive updated information from websites. He dropped out of Stanford, spent time at Harvard’s Edmond J. Safra Center for Ethics, and was a presence on the MIT campus, though he had no formal affiliation there.

He became well known for his fervent belief in making public and quasi-public online information widely available and free. That included his work to make documents freely available from Pacer, the federal government’s fee-based system for accessing records from federal courts. But it was Swartz’s effort to open to the public the academic paper repository JSTOR that brought his activist activities to a head. In 2011, federal prosecutors in Boston charged Swartz with hacking into MIT’s computer system to download millions of academic papers from the JSTOR site.

Although JSTOR said it did not want to pursue charges, prosecutors nonetheless went after Swartz with everything they had, charging him with an array of wire fraud and computer fraud charges that could have resulted in a prison term of up to 35 years and a $1 million fine.  His trial was scheduled to start in April. The Wall Street Journal reports that prosecutors obtained a superseding indictment in September that added 13 criminal charges that could have added even more prison time.

Harvard Law School professor Lawrence Lessig, who directs the Safra Center where Swartz was a fellow and is a leading figure in the debates over intellectual property and copyright in the digital age, wrote a scathing rebuke of prosecutorial excess this weekend following word of Swartz’s death.

“I get wrong,” wrote Lessig. “But I also get proportionality. And if you don’t get both, you don’t deserve to have the power of the United States government behind you.”

“For remember, we live in a world where the architects of the financial crisis regularly dine at the White House — and where even those brought to ‘justice’ never even have to admit any wrongdoing, let alone be labeled ‘felons.’”

Dan Kennedy, writing for Huffington Post, says no one should be shocked by the fact that Ortiz was pursuing charges that could have landed Swartz in prison for decades.

“Those who are mourning the death of Aaron Swartz should keep in mind that he had long struggled with depression. Blaming his suicide on Carmen Ortiz is unfair,” writes Kennedy.

“Nevertheless, the case she was pursuing against Swartz was wildly disproportionate, and illustrated much that is wrong with our system of justice. Nothing good can come from his death. But at the very least it should prompt consideration of why such brutality has become a routine part of the
American system of justice.”

The Wall Street Journal reports today that efforts by Swartz’s attorney to strike some sort of compromise on the charges with federal prosecutors went nowhere, with feds refusing to budge in a conversation last Wednesday with the lawyer, Elliot Peters. The Times reports today that the Massachusetts US attorney’s office has built a reputation for aggressive prosecution of cybercrimes.

Swartz’s family, in a statement posted this weekend, 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 US 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. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community’s most cherished principles.”

MIT’s president, L. Rafael Reif, announced yesterday that he asked Professor Hal Abelson, director of the university’s Center for Democracy and Technology, to lead an investigation of MIT’s involvement in the Swartz case.

Supporters of Swartz appear to have shown their anger at his death using the same skills that brought the young cyber genius such accolades and troubles: At one point yesterday, both the MIT and US Department of Justice websites were down, apparently at the hands of online hackers.

–MICHAEL JONAS

Beacon Hill

Gov. Deval Patrick’s roster of reform plans is already impressive, notes The MetroWest Daily News, so the Legislature needs to get busy. The Berkshire Eagle argues that the long-term savings on retiree health plans creates short-term problems for cities and towns.

The Globe says there is strong momentum on Beacon Hill for strengthening the state’s already stringent gun laws.

The Patriot Ledger takes attendance and finds all South Shore legislators showed up for 92 percent or more of roll call votes last session.

Municipal Matters

The Lowell Sun runs a two-part series on Gateway Cities and the keys to turning them around. The first part is here and the second part is here.

The Sun, in an editorial, calls for passage of “Willie’s Law,” a reference to Lawrence Mayor William Lantigua.

Governing looks at the many millenials filling mayor’s offices around the country. The piece includes a mention of Alex Morse of Holyoke.

Top aides to Salem Mayor Kim Driscoll leave for different jobs, the Salem News reports.

Gloucester Mayor Carolyn Kirk announces plans to run for a fourth term, the Gloucester Times reports.

Casinos

Mohegan Sun becomes a late addition to the scrum for a Western Massachusetts casino with plans to submit a proposal for a Palmer gambling hall.

Federal officials have told Mashpee Wampanoag leaders they should have a decision by month’s end on the tribe’s petition to take land in trust in Taunton for a casino.

National Politics/Washington

One of the two finalists for White House chief of staff is the husband of the woman who designed and championed the hated “catch share” system for fishermen, an appointment some in the industry fear could further harm them.

The coming US government shut-down?

A sign of things to come: the feds versus California’s medical marijuana program. But pot is on a roll regardless.

Newtown, Connecticut holds a forum to try and decide what to do with the Sandy Hook Elementary School building. Current students are attending classes  in a temporary school in a nearby town.

Elections

Democratic State Party chairman John Walsh talks about a primary for the special Senate election to replace Sen. John Kerry on Keller@Large. The head of IBEW Local 103 calls Ed Markey a “weak candidate,” and says the possibility of another Scott Brown run immediately following a hard-fought race with Elizabeth Warren is “a slap in the face to all the people who volunteered their time, door-to-door and made donations” for Warren. The Herald’s Kimberly Atkins is puzzled by Brown’s silence. The AP notes the shifting ground under Brown’s feet. Politico gets in its thoughts.

Business/Economy

Thousands of condominiums and apartments lack sprinklers because they received an exemption from the building code, the Lowell Sun reports. CommonWealth reported in its fall issue on the lack of sprinklers at many schools across the state.

Here’s a hint of what Walgreens may be bringing to Downtown Crossing.

U.S. News & World Report editor, and former Harvard Business School professor-turned-billionaire publisher, Mort Zuckerman calls for a massive investment by the government in education, infrastructure, and business to get  the economy moving.

Charity

A study of nonprofits finds that half of those in the top fundraising posts for charities plan to quit their jobs while nonprofit CEOs are not enamored with their money-getters, either, in the down economy.

Education

The sister of a Methuen School Committee member was hired as a teacher last year over other candidates with higher qualifications, the Eagle-Tribune reports.

Health Care

Google flu trends is predicting a much worse season than the Centers for Disease Control. Is it prescient or wrong? NPR (via WBUR) asks. The Boston Archdiocese responds to the flu by banning the passing of the communion cup and using a verbal greeting instead of the hand-shaking that typically accompanies the kiss of peace. Poorer Boston neighborhoods are bearing the brunt of the city’s flu cases.

The Globe looks at the very long road to recovery needed by some teen concussion victims.

Criminal Justice

Gabriel Clarke, the Roxbury 13-year-old shot on his way to choir practice on Friday, is expected to survive, but his shooting struck yet another harsh blow at the sense of safety in some Boston neighborhoods.

A Fall River city councilor, once arrested in a prostitution sting, was charged with drunken driving and driving on a suspended license after Freetown police arrested him early yesterday morning.

NPR’s Nina Totenberg profiles US Supreme Court Justice Sonia Sotomayor. So does the New York Times’ Adam Liptak.

A melee broke out in Stoughton over the weekend at a baby shower in a crowd of 200 people including children.

Media

The conservative American Spectator shines a light on Patriots’ quarterback Tom Brady, who will be in his seventh AFC championship game this Sunday. We don’t know why the Spectator did it, but what the heck, it’s a nice break from politics.