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Canadian Court Rejects US Demand For Full Access To Megaupload Servers

Posted by Unknown on from the prepare-the-invasion-fleet dept.

An anonymous reader writes "Nearly one year ago, the U.S. government launched a global takedown of Megaupload.com, with arrests of the leading executives in New Zealand and the execution of search warrants in nine countries. Canada was among the list of participating countries as the action included seizure of Megaupload.com servers. Last week, a Canadian court rejected a request to send mirror-imaged copies of 32 computer servers to authorities in the U.S., indicating that a more refined order is needed. Megaupload successfully argued 'that there is an enormous volume of information on the servers and that sending mirror image copies of all of this data would be overly broad, particularly in light of the scantiness of the evidence connecting these servers to the crimes alleged by the American prosecutors.'"

13 of 95 comments (clear)

  1. The site is down, what's the point by schneidafunk · · Score: 5, Insightful

    What is the official reason for requesting the data anyway? Kim is being prosecuted and the site is down.

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    1. Re:The site is down, what's the point by schneidafunk · · Score: 4, Interesting

      Sorry, the reason is: "[6] The American prosecutors allege that individuals and the Respondent Megaupload Ltd. were parties to an offence of criminal infringement of copyright, conspiracy to infringe copyright, money laundering and racketeering. The allegation is that Megaupload Ltd. facilitated wrongful dissemination of copyright protected material such as movies and music."

      However, Kim already successfully fought off extradition to the U.S., so how are these computers helpful?

      --
      Some people die at 25 and aren't buried until 75. -Benjamin Franklin
  2. Thank you Canada by Anonymous Coward · · Score: 5, Funny

    This makes up for your frozen desolate wasteland of a climate for refusing to allow my car to start.

    Since I'm stuck home for the day, I think I'll download a movie. ;)

  3. And in other completely unrelated news by idontgno · · Score: 5, Informative

    Canada continues to appear in the United States' Trade Representative "Special 301" report as a "Priority Watch Foreign Nation", under active suspicion of not supporting US intellectual property regimes, having inadequate intellectual property laws, and also not being "a team player".

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
    1. Re:And in other completely unrelated news by Anonymous Coward · · Score: 5, Informative

      Just saying...

    2. Re:And in other completely unrelated news by gstoddart · · Score: 5, Insightful

      "The Government is disappointed with the United States' decision to include Canada in its [year here] Special 301 "Watch List." Canada does not recognize the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the U.S. in our bilateral discussions."

      "In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It's driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts."

      Unless policy has changed, that watch list is largely regarded as being mostly about special interest groups with no good basis.

      Sorry, but that is a wish list written by industry of the pony they want to be given. It's all about them getting the most draconian, invasive measures they can find.

      It isn't an objective document in any way at all, and only the US pretends it is.

      --
      Lost at C:>. Found at C.
    3. Re:And in other completely unrelated news by Anonymous Coward · · Score: 5, Informative

      about 15 years ago canada wanted to decriminalize marijuana. the americans threatened canada with sanctions and closing the most open border in the world, and accused canada of "not being a team player". Funny how a country that claims to be most democratic and free country in the world uses dictatorial tactics when it comes to other countries right to decide what they want for themselves.What is so infuriating and hypocritical is that today america has at least 15 states which have basically legalized marijuana, where u dont have to go to a "drug pusher" to buy pot. And now canada has a conservative gov. that wont even consider decriminalization.

  4. Canada about to be invaded by CanadianRealist · · Score: 5, Funny

    I'm just waiting for the declaration from the US that Canada has joined the "axis of evil".

    OMG, we* have a nuclear program! And oil!
    * see username

  5. I think there is something on it... by Anonymous Coward · · Score: 5, Informative

    Search and seizure needs to be for a specific item or copyright. You just can't say I want the hard drive because we think there is something on it. Now if it was deemed a proceeds of crime then anything can be taken.

  6. And it was a Canadian MP that put them there by Anonymous Coward · · Score: 5, Interesting

    And not often mentioned is the role Harper's lot played in getting the Canada on that list.... thanks to Wikileaks we can see the coordination between Harper and the US.

    http://www.michaelgeist.ca/content/view/5986/135/

    Industry Minister Tony Clement’s policy director asked U.S. officials to add Canada to their Special 301 Priority Watch List. See, they have an agenda, they ask Canada to be put on the list, then they can use the presence of Canada on the list as an excuse to enact a lot of nasty IP laws they wanted to do anyway. Cute huh?

  7. US thinks it is ruler of world by danbuter · · Score: 4, Insightful

    I love living in the US, but our government has been on a massive powertrip for decades now. It really needs to be reigned in.

  8. Canadian courts: light at end of the tunnel by Maow · · Score: 4, Informative

    During these past few years, the Canadian court system has been a bit of a light at the end of a long, dark tunnel with regards to this and striking down draconian laws instituted at the federal level.

    Just in the past week (part of) the legislation regarding human smuggling was struck down in BC (giving aid to someone attempting to illegally enter the country could be construed as giving legal advice, or even coffee); mandatory sentencing for a guy in Surrey with no priors, but caught with a loaded Glock in a public place also struck down (an unreasonable gap between levels of sentencing, IIRC).

    Now if they could just pick up the pace on the election fraud case(s) being heard; we cannot allow these ones to be unresolved through the next election, like the last one involving the Conservative Party of Canada (In & Out scandal).

    Well, that turned into more of a rant than I expected.

    TL;DR hooray for the Canadian courts.

  9. Typical US Law Enforcement techniques.... by erp_consultant · · Score: 5, Insightful

    This is how the US authorities go after everything - with massive, overwhelming, completely unnecessary force. Ever see the video of the invasion of Kim's compound? You'd think they were invading a small nation with that army of agents. It's like those cop shows on tv where they burst into some guys house - 10 or 20 or them, armed to the teeth - and all you see is some redneck standing there with no shirt and unarmed.

    It's looking more and more to me like the US authorities had a pretty flimsy case with improper search warrants. Now they are trying to get everything they can, thus the "mirror" request. But the Canadian authorities have stuck a finger in the eye of the American justice machine by refusing to just hand over the contents of the entire server, not just what Kim is accused of being involved with.

    My prediction is that not only will Kim not get extradited to the US, his lawyers will find a way to get him off the charges. Of course, it will cost him several years of his life and several million dollars. The US government, on the other hand, has virtually unlimited resources (thanks to the taxpayer). Backed up by the greedy Hollywood producers they will continue their campaign of harassment.