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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.

Case 1:11-cr-10260-NMG Document 115 Filed 03/29/13 Page 1 of 4
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

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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Case 1:11-cr-10260-NMG Document 115-1 Filed 03/29/13 Page 1 of 1


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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.


To me the whole case was pointless. I wonder how MIT people sleep at night, oh I forgot they

are being harassed now, good.


By hiding and suppressing these names, MIT is practically screaming for Anonymous to show

up and reveal them.


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.


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.

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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

http://web.mit.edu/newsoffice/http://web.mit.edu/newsoffice/http://web.mit.edu/newsoffice/http://web.mit.edu/newsoffice/


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