Way to ignore the physical break-in to install a computer directly on a network switch. I, for one, hope that he gets a criminal record at the very least (plea deal). This really puts the crime in a different league.
Unless I have my facts wrong, in which I'm willing to be corrected.
This is only at the federal level because the "unauthorized access" crossed state lines. (Aaron was at MIT when he was knocking over JSTOR servers, probably in NYC.) So the prosecutor is only going to worry about that part.
All of this is pure conjecture and speculation of course. But I would be lying if I said I wouldn't be more comfortable about the situation if Aaron was being tried by the MA government.
The state criminal justice systems are deluged by drug violence and domestic violence and are largely reactive (I write while missing the court date for my mugger's prosecution, due to a sick daughter).
The federal system is more deliberate (word chosen carefully) and somewhat less reactive. It has more discretion about what cases to chase down. It's probably more inclined to keep its teeth sunk into anything it starts too.
The same political environment that appointed this prosecutor also appointed the prosecutor that took down Scooter Libby.
Edit (appending as reply chain is too deep):
Thomas, I see you that your focus is computer security, so I can understand how you are focusing on the breach of security and not the end goal. Perhaps I'm naive, but from the posting this thread is discussing it appears that his intentions clearly are honorable.
In either case, I don't have to agree with the prosecution to point out one obvious way it could be structured.
Wait, wait, that isn't the right groupthink response for this situation.. Give me a second....
This is not a bubble this time, this is a real new new economy, the old rules (nor the old new rules) don't apply.
Wait, that's not right either... nm, I'm not sure how to think about this one so I'm just going to downvote you.