MIT pushes for charges, not JSTOR, according to the following accounts.
> After his arrest, JSTOR released a statement saying that though it considered Swartz's access to be a "significant misuse" committed in an "unauthorized fashion," it would not pursue civil litigation against him;[16][38] MIT did not comment on the proceedings.[39]
> Marty Weinberg, who took the case over from Good, said he nearly negotiated a plea bargain in which Swartz would not serve any time. "JSTOR signed off on it," he said, "but MIT would not."[50]
> After his arrest, JSTOR released a statement saying that though it considered Swartz's access to be a "significant misuse" committed in an "unauthorized fashion," it would not pursue civil litigation against him;[16][38] MIT did not comment on the proceedings.[39]
> Marty Weinberg, who took the case over from Good, said he nearly negotiated a plea bargain in which Swartz would not serve any time. "JSTOR signed off on it," he said, "but MIT would not."[50]
https://en.m.wikipedia.org/wiki/United_States_v._Swartz