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Megaupload User Data Could Be Destroyed Soon

New submitter advid.net writes "According to the Associated Press, user data from the recently-closed file-hosting site Megaupload could be destroyed as soon as Thursday. Apparently Megaupload paid another company to actually store the data. 'But Megaupload attorney Ira Rothken said Sunday that the government has frozen its money. A letter filed in the case Friday by the U.S. Attorney's Office for the Eastern District of Virginia said storage companies Carpathia Hosting Inc. and Cogent Communications Group Inc. may begin deleting data Thursday. ... The letter said the government copied some data from the servers but did not physically take them. It said that now that it has executed its search warrants, it has no right to access the data. The servers are controlled by Carpathia and Cogent and issues about the future of the data must be resolved with them, prosecutors said." There's also been talk of a lawsuit against the FBI over users' lost files.

29 of 260 comments (clear)

  1. Can they simply delete it? by Anonymous Coward · · Score: 5, Interesting

    Wouldn't that be destruction of evidence?

    Captcha: retrieve

    1. Re:Can they simply delete it? by hey! · · Score: 5, Insightful

      The short answer is no. "They" (by which I assume you mean the US govt) cannot delete the data. What they *can* do is take steps which will almost certainly result in the data being deleted by the third parties hosting it.

      The result is something like an extrajudicial execution. They've ensured Megaupload will die, even if the company is exonerated in the courts.

      --
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    2. Re:Can they simply delete it? by jellomizer · · Score: 5, Insightful

      By unlawful you mean by lawful methods you disagree with.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Can they simply delete it? by Forever+Wondering · · Score: 5, Interesting

      Wouldn't that be destruction of evidence?

      Captcha: retrieve

      It is also destruction of exculpatory evidence. If Megaupload makes the claim [true or not] that the majority of the content was non-infringing, how will they be able to prove/disprove this? Or, the reverse argument as well.

      Imagine if this was done to YouTube. YouTube has at least one infringing clip, but it also has a lot of original content that would be lost.

      --
      Like a good neighbor, fsck is there ...
    4. Re:Can they simply delete it? by _KiTA_ · · Score: 5, Insightful

      Imagine if this was done to YouTube. YouTube has at least one infringing clip, but it also has a lot of original content that would be lost.

      Believe you me, if YouTube hadn't been bought by Google, this would have happened to them. The various Copyright Cartels would still love to do this to them, but can't because Google is too big.

    5. Re:Can they simply delete it? by mr1911 · · Score: 5, Interesting

      By unlawful you mean by lawful methods you disagree with.

      That is absolutely true, but isn't is strange how when the RIAA or other well funded trade group doesn't like something they line a few pockets and get it made illegal, but when the population doesn't like it there is nothing to be done?

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    6. Re:Can they simply delete it? by TFAFalcon · · Score: 4, Insightful

      It's kind of like the police busting into you apartment and finding a body. They remove the body, but don't look at anything else. Then arrest you and prevent you from paying your rent.

      As a result, your landlord throws everything out, cleans the apartment and re-rents it.

      The only problem with that is there could have been tracks that the real murderer left there, a suicide note or a confession written by someone else.

    7. Re:Can they simply delete it? by JackDW · · Score: 4, Informative

      No. See the indictment. Very interesting document. The real evidence against these guys is not on Megaupload at all. It is in the emails they sent to each other and to outsiders.

      The Feds' case hangs on the allegation that these guys formed a criminal conspiracy, i.e. that they knew that they were breaking laws and that they conspired to hide this because of the vast profitability of their operation. The evidence is all email records, bank statements, and Kim Dotcom's fleet of luxury cars.

      --
      You're an immobile computer, remember?
    8. Re:Can they simply delete it? by Sarten-X · · Score: 4, Informative

      Nothing to be done except, of course, for calling representatives and writing letters until a suitable about of attention is garnered to show that them opposition to a law is greater than what the RIAA/MPAA claims its support is.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    9. Re:Can they simply delete it? by IndustrialComplex · · Score: 4, Insightful

      Counter-lawsuit? Against what?

      The government is the perfect example of 'not my department.' The government doesn't have to care what gets crushed under the wheels of 'justice'. The people who are supposed to care were the ones who pointed the government in that direction and said 'GO'.

      ie: the government has the excuse in the form of: The people told me to go do this, it's not my job to question, it's my job to do. They told me to do this by passing the laws that gave me the power to do this. I must assume that they factored in the costs and potential outcome when they granted this power in the first place.

      This is why your first worry shouldn't be 'Will this give the government the power to solve problem xyz' but 'How is it possible for this power to be abused? And when it is inevitably abused in that manner, is it worth the cost?"

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    10. Re:Can they simply delete it? by TFAFalcon · · Score: 4, Funny

      You're driving up the hill in your car, which you use to deliver parcels. The police drag you out and confiscate a parcel that they say proves you are involved in drug trafficing. They then leave the car alone without using the parking brake. The car rolls downhill, crashes into a tree and bursts into flame, destroying the parcels left inside.

  2. Re:c:\ erase /S *.* by xcfmx · · Score: 5, Funny

    problem #1.. not hosted on DOS.
    problem #2.. see problem #1

  3. Re:As Obi Wan once said by Anonymous Coward · · Score: 5, Funny

    What is the over under on how many human lifetimes worth of porn are about to disappear?

  4. Re:As Obi Wan once said by Anonymous Coward · · Score: 4, Funny

    Quit playing games with my heart.

  5. Re:Suing the FBI? by Anonymous Coward · · Score: 5, Insightful

    No, it's like the FBI impounding all the units in a storage facility because some of them hold illegal contraband.

  6. I don't understand the problem by Cro+Magnon · · Score: 4, Insightful

    Did the users upload to MU and delete their local copy? If not, they still have their data.

    --
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  7. !Safe in Cloud by Barondude · · Score: 5, Insightful

    And this is why you should never trust anything you can't afford to lose to the cloud. You lose control and have no idea what is really going on with your data under the hood.

    --
    "That's the sort of blinkered, philistine pig ignorance I've come to expect from you non-creative garbage."-Monty Python
  8. A polar bear walks into the White Star office... by Hognoxious · · Score: 4, Funny

    Carpathia Hosting

    Well, choosing them was a titanic mistake.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  9. How fitting... by fuzzyfuzzyfungus · · Score: 4, Interesting

    If we are to have a 'war on piracy', I suppose it is only to be expected that we should soon enough have some of what some elegant coiner of dispassion euphemism though to refer to as "collateral damage"...

    Selfishly, I'm inclined to be pleased, in a way. As long as it is possible for people to think that it is 'just about the pirates' or 'the innocent have nothing to fear', acquiescence will be the order of the day. Wholesale and flagrant destruction of bystanders' property should provide a valuable example of how false that thinking is.

  10. Nuke 'em from orbit. by Maximum+Prophet · · Score: 4, Interesting

    The FBI is using the "Nuke 'em from orbit, it's the only way to be sure", offense.

    The article says 50,000,000 users, it doesn't say how many files each might have.

    If they keep any of them, there might be embarrassing disclosures like un-owned MP3's downloaded by congresspeople and their kids. There might be department of Justice employees with unlicensed software. Even White House staffers might have kinky files.

    It would take every FBI agent several years to comb through all that data. It's better for them to just destroy it all.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    1. Re:Nuke 'em from orbit. by Maximum+Prophet · · Score: 5, Insightful

      The downloaders that downloaded copyright infringing material can re-download somewhere else.

      Customers that downloaded original stuff are screwed if they can't find a copy.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
  11. Re:Suing the FBI? by Mitreya · · Score: 4, Informative
    Still, I don't think you can sue the FBI for executing a warrant, unless they have gone beyond the scope of what was permitted in the warrant.

    They froze the assets of a company that hasn't been found guilty of anything yet? Why are they allowed to do that? There is certainly a possibility that MegaUpload will be found not guilty and then who's going to refund the costs, recover the data and refund the lost user fees??

  12. Re:Suing the FBI? by localman57 · · Score: 5, Insightful

    Welcome to the cloud. If your data is more valuable than the storage space it's written to, then keep your own copy. In this case, it was the government that precipitated the shutdown of a service provider, so everybody's looking to blame them. Who are you going to blame when market dynamics cause a company to just go bankrupt? This reminds me of the outcry that happened when they finally put a bullet in (I believe it was) GeoCities.

  13. Re:Suing the FBI? by Charliemopps · · Score: 5, Insightful

    No, it's like the FBI showing up with the CEO's of walmart in tow, prying the lock off a couple of the storage units and the CO's pointing at random objects and yelling "They stole that, and that, and that..." meanwhile the renters of the storage locker are in China, and the owner of the storage company says "Well they could have gotten that at Target you know... also, how do you know they stole this and didn't actually pay for it? Have you even asked them?" The FBI then arrests the Owner of the storage unit, who now can't pay its utility bills... water, sewer and power are cut off... the buildings catch fire and the FBI tells the fire department "no need to put that out... we have the truth, let the lies burn."

    When they come to take your rights away, they start with the people that clearly don't deserve them. When they come for yours, well... it's a little too late then isn't it?

  14. Re:Suing the FBI? by Anonymous Coward · · Score: 5, Informative

    They froze the assets of a company that hasn't been found guilty of anything yet? Why are they allowed to do that?

    That's RICO for ya, baby.

    When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

  15. Re:As Obi Wan once said by Anonymous Coward · · Score: 5, Funny

    9000 seems like a reasonable guess

  16. All this does is say- Don't do business in the US by undeadbill · · Score: 5, Interesting

    Megaupload is a Hong Kong based company. The only reason they were charged in the US was because they used servers for hosting in the US. This pretty much sends a message to anyone who might do business in the States that they are not welcome, and that justice is pretty much bought and sold by how much money and influence you have. This is not a good message to be sending out to businesses overseas, looking to invest here. Freezing a foreign company's assets worldwide over what is a domestic issue is going to give a lot of international entrepreneurs reasons to look elsewhere.

    Kim Dotcom did the smart thing- he made sure there was a time limit set on his user's data if someone bigger than his company came along and tried to forcibly take it. By the time someone shutting down his operations finally figured out where the real data was held, all of it is going to be deleted- unless they return his funds and let him continue to operate. Damned if they do shut him down, because now he and his company are a damaged party and the US takes a hit in the international markets, damned if they don't shut him down completely, because then the Feds look weak and ineffectual.

    Exculpatory evidence and discovery for the trial are irreparably damaged by the Prosecution, the Defendants can now sue in civil and international court for damages (whether they see them or not), and Kim Dotcom may even become a cause celebre. That is, if the US doesn't hold him indefinitely under the NDAA...

  17. This is the stuff of movies and the constitution by SmallFurryCreature · · Score: 5, Interesting

    The A-team had stories like this all time, small nice family company being muscled out of business by big evil company.

    The US constitution provisions for protection of the individual are NOT as many think to get the guilty off but to protect the average innocent citizen from being bullied into submission.

    The principle is simple, if I want to stop you, I can have you arrested and your crops will rot on your farm, your will unable to supply your customers, you will run out of cash and bam, I can buy your farm cheap... I don't need to have you found guilty as long as I can keep you under arrest for long enough. There are plenty of variants on this, in corrupt countriest the way to get a bribe as a custom officer is to hold up the goods of a company for inspection until they either pay or go out of business for being unable to deliver.

    This is even done on a country scale. Romania did not like that The Netherlands is blocking Romania becoming part of the EU free labor traffic, they claim this is racist (Romania is one of the worsed human rights abusers in the EU with their treatment of gypsies) and so they blocked dutch product at the border trying to put pressure on the Dutch government. Didn't really work since it only re-inforced the view that Romania is not yet ready to fully join the EU.

    But the tactic itself remains, get the police to smash your opponents goods during a search and force them out of business.

    Megaupload itself is shady enough but then the content industry has many accusations against it as well, just that he who pays the piper determines who ends up in court or not. How many settlements has the content industry agreed to to avoid being found guilty in open court? Quite a few in the last couple of decades.

    There are lots of filesharing methods, the error Megaupload made was trying to go semi-legit... artists had publicly voiced their support for a new scheme Megaupload wanted to introduce... coincidence that the very next week they are put out of operation by the rent-a-cop FBI? Maybe and Saddam considering selling oil in Euro's just a bit before being removed from power had nothing to do with it... first Iraq war was over the conquering and subjegation of another nation and he was left in power unharmed. He considers undermining the dollar and BAM, he swings.

    And gosh, all the oil nations that consider dealing in euro's are on the danger list to... how amazing a coincidence.

    You can destroy someone in the courts without ever needing to find them guilty. But if history has shown us anything, their will be 10 megauploads to take this ones place and they will be harder to take down. And they will not bother trying to go legit or try to work with artists. They will just copy all and damn the rest. Want to download files right now and not deal with filetubes with endless vapor ware? Go russian. I tried to find some old ebooks, go west and it all leads to overpriced book sellers, go russian and you find entire libraries with no popups, no spam, no search bars, just simple downloads. Because nobody in Russia gives a fuck. If the FBI tried the same as they did in New Zealand their officers would come back in body bags and asking the former KGB to investigate would be very ironic indeed.

    They took down napster which led to the demise of cutemx on which anime was shared... and all that happened is that you now got anime torrent sites that are run so smoothly they release automatic updates and actually have an rating system telling if there is a better version out there for series 10-20 years old (torrents for new stuff are easy but finding a very old series with 20-30+ seeders and only leeching... that is class).

    It is like stomping ants, only these don't just come back in greater number, they come back stronger and fiercer... and if I am a typical person, their users come back a little bit more reluctant to buy from the RIAA/MPAA every again. It ain't just being cheap anymore, now it is a case of principle!

    --

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  18. Re:Suing the FBI? by PRMan · · Score: 4, Insightful

    OK, let's play this game.

    Let's say that U2 has a new song that's almost out. It gets leaked (somehow) to the internet. Bono sends a copy to Edge on MegaUpload so that he can play it for a performer from their opening act so that they can hear it and end their act with a song that's not too similar. U2's manager sends a copy to an advertising agency to use in a commercial. The band sends a copy to the execs at Island Records so that they can send it to radio stations. Also, a pirate makes it and the Megaupload link available for download.

    The lawyers for U2's label (rightfully) demand immediate takedown for the pirate link, because it's being used for piracy. How many of the 4 copies are illegal?

    The answer is probably one. MegaUpload would be right to leave the other 3 identical copies alone. This is the problem with copyright infringement claims. The files don't come with dossiers explaining who is and is not allowed to listen to it. That's why copyright and fair use must be decided in a court of law.

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...