I just want to point out that this is not necessarily as bad as it sounds. Assuming we don't think the courts have gone over to the dark side, just the fact that the request has to be approved by someone outside the agency and will not be kept a *complete* secret is a *very* good thing. I suspect that a great many requests are never made because they would have to be explained. Even if the threshold is low (which is a legislative issue, not a judicial one), I for one am at least a little encouraged by the existence of the rubber-stamp FISC. I can assure you that the NSA would rather it didn't.
Let's assume Swartz was completely in the right on all of his actions. What, precisely, would you have MIT and the US Government do differently to prevent this suicide? What actions of theirs do you find culpable for forcing Aaron Swartz into no other choice than to take his own life?
Not gone after him with the nuclear option of a 35 year jail term? Like you, I'd never call suicide the "sane option", but the prosecutor did far more than merely follow his mandate to protect society. You take that egregious act of absurdity off the table, and I strongly suspect Aaron would still be with us.
"Well, your resume is a little thin. If you were Asian, I wouldn't be able to hire you. Lucky for you that you're one-third Caucasian! Get's you in right under the line."
The hardest part of climbing the ladder of success is getting through the crowd at the bottom.