My assumption is he did not want to plea guilty to a bunch of felonies, I think I read that this was part of it. It's rather extreme to throw that many years at someone like him AND felonies, I don't think he should have gotten a complete slap on the wrist, but what he did was literally web scraping PDFs, the kind that OpenAI and Anthropic do all the time and get away with, only instead of them being some authors IP, they were publicly funded in many, many cases.

In the US you have two types of legal systems, the state and federal level. Within each, you have misdemeanors and felonies. Misdemeanors are the lower level and cover non-serious crimes (vandalism, theft, minor traffic violations), and typically are fines or imprisonment of up to a year. They have no bearing on your rights as an American on either level. Some federal misdemeanors exist (poaching at natural parks or defacing monuments) but most federal crimes are felonies, leaving misdemeanors to the state’s discretion.

Felonies, however, impact your rights as an American. You cannot own firearms, you cannot vote, you cannot hold public office, and you are a “high risk” economically and socially, making loans and employment difficult. State-level non-violent felonies can normally be expunged/sealed over time for otherwise lawful citizens, but federal felonies never go away.

He denied the plea deal because he, as an activist, did not want to suffer losing those rights. The prosecution wouldn’t budge and was adamant in making an example out of him because he was a figure of hacktivism. They also desperately wanted the CFAA (a poorly worded law written by tech illiterates in 1986) to maintain its broad power.

For further context, this was a response to Anonymous and other would-be hacktivists, coming right off the heels of Anonymous’s Arab Spring campaign and the hack of HBGary. The Obama administration targeted Swartz to make an example out of him and scare future hacktivists, coinciding with the arrest of Sabu (the co-founder of LulzSec) and him becoming an informant to round up the current group.