Page:2013-01-28-DEI-EEC-to-Holder-re-Aaron-Schwartz-prosecution.pdf/3

The Honorable Eric H. Holder, Jr. January 28, 2013 Page 3  What factors influenced the decision to prosecute Mr. Swartz for the crimes alleged in the indictment, including the decisions regarding what crimes to charge and the filing of the superseding indictment? Was Mr. Swartz’s opposition to SOPA or his association with any advocacy groups among the factors considered? What specific plea offers were made to Mr. Swartz, and what factors influenced the decisions by prosecutors regarding plea offers made to Mr. Swartz? How did the criminal charges, penalties sought, and plea offers in this case compare to those of other cases that have been prosecuted or considered for prosecution under the Computer Fraud and Abuse Act? Did the federal investigation of Mr. Swartz reveal evidence that he had committed other hacking violations? What factors influenced the Department’s decisions regarding sentencing proposals? Why was a superseding indictment necessary? </ol> Please make arrangements to schedule this briefing by no later than Monday, February 4, 2013. Thank you for your cooperation.

Sincerely,