I think your first sentence perfectly illustrates my point:
> There are laws which may or may not be levied against us in certain situations.
Evidence (including Swartz's case) strongly suggests that this discretion leads to an unjust result.
It's obvious that not every legal action is socially desirable (or "moral", for the sake of brevity) and not every illegal action is immoral (whistleblowers, protestors, etc.). So, like I said before, the criminal justice system is composed of laws and the people who make the call as to whether to prosecute, which in this case includes a powerful company (JSTOR), an academic institution (MIT), cops, the FBI and finally Ortiz and her office.
A few more characters than you might immediately list when you think of "the law", right?
When you say "Someone felt wronged and brought it to the attention of those who could prosecute the crime", you make it sound like it's an automatic process from one to the other. As someone who has both suffered and carried out actions which are illegal according to the letter of the law, I assure you that nothing could be further from the truth.
Read my article: HSBC broke a whole bunch of laws (to the tune of a trillion dollars a year), and got a sweet plea deal and no individual prosecutions. Good luck getting similar treatment if you shoplift an iPod, particularly if you're anything other than white.
> There are laws which may or may not be levied against us in certain situations.
Evidence (including Swartz's case) strongly suggests that this discretion leads to an unjust result.
It's obvious that not every legal action is socially desirable (or "moral", for the sake of brevity) and not every illegal action is immoral (whistleblowers, protestors, etc.). So, like I said before, the criminal justice system is composed of laws and the people who make the call as to whether to prosecute, which in this case includes a powerful company (JSTOR), an academic institution (MIT), cops, the FBI and finally Ortiz and her office.
A few more characters than you might immediately list when you think of "the law", right?
When you say "Someone felt wronged and brought it to the attention of those who could prosecute the crime", you make it sound like it's an automatic process from one to the other. As someone who has both suffered and carried out actions which are illegal according to the letter of the law, I assure you that nothing could be further from the truth.
Read my article: HSBC broke a whole bunch of laws (to the tune of a trillion dollars a year), and got a sweet plea deal and no individual prosecutions. Good luck getting similar treatment if you shoplift an iPod, particularly if you're anything other than white.