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Five Years Later, Legal Megaupload Data Is Still Trapped On Dead Servers (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: It's been more than five years since the government accused Megaupload and its founder Kim Dotcom of criminal copyright infringement. While Dotcom himself was arrested in New Zealand, U.S. government agents executed search warrants and grabbed a group of more than 1,000 servers owned by Carpathia Hosting. That meant that a lot of users with gigabytes of perfectly legal content lost access to it. Two months after the Dotcom raid and arrest, the Electronic Frontier Foundation filed a motion in court asking to get back data belonging to one of those users, Kyle Goodwin, whom the EFF took on as a client. Years have passed. The U.S. criminal prosecution of Dotcom and other Megaupload executives is on hold while New Zealand continues with years of extradition hearings. Meanwhile, Carpathia's servers were powered down and are kept in storage by QTS Realty Trust, which acquired Carpathia in 2015. Now the EFF has taken the extraordinary step of asking an appeals court to step in and effectively force the hand of the district court judge. Yesterday, Goodwin's lawyers filed a petition for a writ of mandamus (PDF) with the U.S. Court of Appeals for the 4th Circuit, which oversees Virginia federal courts. "We've been asking the court for help since 2012," said EFF attorney Mitch Stolz in a statement about the petition. "It's deeply unfair for him to still be in limbo after all this time."

41 of 82 comments (clear)

  1. That's the big problem... by __aaclcg7560 · · Score: 4, Insightful

    When you keep your data in the cloud, and don't keep backups on hand, you're at the mercy of the powers to be. I pulled my data out of the cloud when I realized that I didn't need to have it on the Internet 24/7. A local file server works fine for my needs.

    1. Re:That's the big problem... by arglebargle_xiv · · Score: 1

      I pulled my data out of the cloud when I realized that I didn't need to have it on the Internet 24/7.

      Pity T J Maxx, Target, and Yahoo didn't do the same.

    2. Re:That's the big problem... by DontBeAMoran · · Score: 1

      I didn't know cloud computing had a principal. I guess it's still in school.

      --
      #DeleteFacebook
    3. Re:That's the big problem... by Ol+Olsoc · · Score: 5, Insightful

      Exactly. At the very least, "HAVE A BACKUP". I say anyone who doesn't understand this basic principal of cloud computing deserves to lose their data.

      Anyone who understands cloud computing probably isn't going to use the cloud.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    4. Re:That's the big problem... by Teancum · · Score: 2

      The problem is the presumption that the data doesn't have a physical location when you are dealing with a cloud. You may not directly know where a given hunk of data is physically stored at, but such storage is still a requirement for current computing practices. It can be destroyed, confiscated, lost, or even simply scrambled where you have no control over what happens. It can also be copied and distributed to places which may not be in a place you want it at (like a competitor or somebody who intends to do you harm).

      Keeping data in a cloud is fine for temporary stuff or for data that is of a transitory nature that might be discarded a day or two later. Also if the data is of a nature that if it is published on the front page of a newspaper or on Wikipedia, nobody would care.... you generally don't have a problem. If you really want to keep the data for any length of time... due to legal requirements or even something that is vital to the mission success of your company or organization, it is really idiotic to rely upon 3rd parties who don't have a vested interested in your success to be keeping that data.

    5. Re:That's the big problem... by quenda · · Score: 1

      Backups are good.
      For anyone using google, they make it very easy to download a copy of *all* your data.
      If you use Android, that's probably your email, photos, calendar, location history, search history, contacts, medical records, DNA sequence, and sexual deviations, ...

      They will bundle your whole life up into one little insignificant tar file.

      Go here: https://takeout.google.com/set...

    6. Re:That's the big problem... by ZorinLynx · · Score: 1

      I know people who are perfectly happy to have their only copy of their photos on iCloud because "It's Apple! They have backups!"

      Umm no. Even they do, you have no control over those backups, when they're made or how to recover the data if it's lost.

      Keep your own damn backups, people. Treat cloud services as just another single, lose-able copy of your data.

    7. Re:That's the big problem... by LordWabbit2 · · Score: 1

      Considering all the Crypto lockers running around even the "cloud' is not safe, especially if you only realize it AFTER your files are encrypted and get synced with the version on the file, effectively overwriting your "backup' with the encrypted file.

      --
      There are three kinds of falsehood: the first is a 'fib,' the second is a downright lie, and the third is statistics.
    8. Re:That's the big problem... by __aaclcg7560 · · Score: 1

      I know people who are perfectly happy to have their only copy of their photos on iCloud because "It's Apple! They have backups!"

      I have a friend who works at a Sprint store. He recently transferred 75GB of photos between old and new iPhones. The user had no other backup for this data.

    9. Re:That's the big problem... by kelemvor4 · · Score: 1

      Exactly. At the very least, "HAVE A BACKUP". I say anyone who doesn't understand this basic principal of cloud computing deserves to lose their data.

      Anyone who understands cloud computing probably isn't going to use the cloud.

      Winner winner, chicken dinner!

    10. Re:That's the big problem... by butzwonker · · Score: 1

      What kind of "cloud" backup service does not have incremental versions? Mine certainly does, it doesn't even have any limit on how many previous versions are stored, and I find it hard to imagine that this is the exception.

      That being said, GP is right of course that you cannot rely on network backup as the only backup.

    11. Re:That's the big problem... by Asgard · · Score: 1

      A half-decent cloud backup will keep versions for an extended period, so you could recover to the point in time before the crypto. A live sync that clobbers history is little better than a RAID array.

    12. Re:That's the big problem... by networkBoy · · Score: 1

      Hell I use it.
      Google drive.
      I am in a violently bitter divorce and all the docs are on a google drive so I can pull them up on my phone at a moment's notice, while also being able to actually work on them on my PC.

      Risk? yes.
      Worth it when I can pull up the latest custody order on a moment's notice to demonstrate I do, in fact, have custody of my kids right now? Priceless (and the cops like it too).

      Still keep the oblig hardcopy binder like any court system docs, and an offline copy made weekly or when there are big changes.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    13. Re:That's the big problem... by omnichad · · Score: 1

      You can hate Apple all you want, but at least they offer a reasonable price for their online backups. $0.99/mo. for up to 50GB. $2.99/mo. for up to 200GB. 5GB or under is free.

      I tell almost anyone with a nearly full phone to sign up - because they can opt to store fewer of the photos on the device itself. This doesn't preclude a local backup, but that will never happen with most users.

    14. Re:That's the big problem... by __aaclcg7560 · · Score: 1

      You can hate Apple all you want [...]

      Where in my comment did I write that I "hate Apple"?

      I tell almost anyone with a nearly full phone to sign up - because they can opt to store fewer of the photos on the device itself.

      A feature I don't use because I regularly move data off of my iPhone on a regular basis.

    15. Re:That's the big problem... by radarskiy · · Score: 1

      The problem is having only one copy, no matter whether that one copy is in the cloud or not.

    16. Re:That's the big problem... by omnichad · · Score: 1

      Where in my comment did I write that I "hate Apple"?

      The English language doesn't have a word for the plural "you" except in the American South. I don't mean you , personally.

      A feature I don't use because I regularly move data off of my iPhone on a regular basis.

      Again, not advice specifically for you.

    17. Re:That's the big problem... by omnichad · · Score: 1

      An SD card is not even a medium-term backup. I'd trust a magnetic charge on a platter over an electrostatic charge held in limbo for months or years.

    18. Re: That's the big problem... by oobayly · · Score: 1

      A colleague installed cryptolocker and it encrypted all his Dropbox files. All he has to do was contact Dropbox and say "please revert to this date, before the bulk delete and upload occurred".

      I'm not saying you should rely upon that, but recovery was simple because of how cryptolocker renames every file.

    19. Re:That's the big problem... by kriston · · Score: 1

      I'm not sure you can call it "cloud backup" but Amazon Cloud Drive does not have incremental versions. Nor does Microsoft OneDrive.

      --

      Kriston

    20. Re:That's the big problem... by Anonymous Coward · · Score: 1

      The English language does have a word for the plural "you". It's "you".

      What it has lost (apart from some disappearing regional dialects) is the words for the singular you - thou, thee, thine.

    21. Re:That's the big problem... by Ol+Olsoc · · Score: 1

      Without data in a cloud what do you do when they take your or your service providers hardware?

      Ummm, that's the strangest comment I've read all day.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    22. Re:That's the big problem... by Hotawa+Hawk-eye · · Score: 2

      He HAD a backup hard drive. When he found that the hard drive had failed, he tried to access the files on Megaupload. In how many places should he have kept his data, and how much more should he have spent purchasing the hardware or subscribing to a storage service in the case that both his local hard drive and the cloud account where he stored his data were rendered inaccessible?

    23. Re: That's the big problem... by __aaclcg7560 · · Score: 1

      My ebooks are available at Amazon and Smashwords. You can also visit me at my author website, personal blog, YouTube and Twitter.

  2. Dead but no lost but maybe by SniffTheGlove · · Score: 2

    When the servers went offline, many thousands of people lost access to their work and home files. I have my photo archive on Megaupload but I have still got no way to get it back as some scardy cat corporate tosser says "No" to everyone just in case someone might get a copy of some porno or action movie. FFS

    1. Re:Dead but no lost but maybe by Ol+Olsoc · · Score: 2

      Just restore it from your backup. What's that, you don't have a backup?

      Cloud storage is their backup.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    2. Re:Dead but no lost but maybe by Mr+D+from+63 · · Score: 2

      Cloud storage is their backup.

      No, it was their backup. When it went away they should have created another one.

    3. Re:Dead but no lost but maybe by Ol+Olsoc · · Score: 1

      Cloud storage is their backup.

      No, it was their backup. When it went away they should have created another one.

      The problem of course, is that cloud storage was touted as a backup. So if you have to have a local backup, it kind of makes the cloud storage backup redundant and pointless.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    4. Re:Dead but no lost but maybe by Mr+D+from+63 · · Score: 1

      Cloud storage is their backup.

      No, it was their backup. When it went away they should have created another one.

      The problem of course, is that cloud storage was touted as a backup. So if you have to have a local backup, it kind of makes the cloud storage backup redundant and pointless.

      Some people have multiple backups in different locations. That redundancy is not pointless.

    5. Re:Dead but no lost but maybe by Ol+Olsoc · · Score: 1

      Cloud storage is their backup.

      No, it was their backup. When it went away they should have created another one.

      The problem of course, is that cloud storage was touted as a backup. So if you have to have a local backup, it kind of makes the cloud storage backup redundant and pointless.

      Some people have multiple backups in different locations. That redundancy is not pointless.

      That would be me. On nice hard drives that I own, and control.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  3. Of course its deeply unfair by Anonymous Coward · · Score: 3, Insightful

    "deeply unfair" is central theme of all US copyright law.

    Why would you expect anything else?

  4. Re:cloud storage by DontBeAMoran · · Score: 1

    Also do not store anything in the cloud that you cannot afford to get released on the Internet for anyone to see.

    iVBOR w0KGg oAAAA NSUhE UgAAA DIAAA AyBAM AAADs EZWCA AAAHl BMVEX ///// 95flf rP4uc 7etAbv
    1k+5l gUAAA AAraj u1U4i M4/UA AABjE lEQVR 4Xt3S wWobQ QwG4G FZNul R7kCv u5LpO Zb8AK O1+gAF
    O+ceb J+TEo iPBT9 B3rir mSWeD e29VM f55hd CKPy3 lRza9 AEQcR 1D6IL G1hZA LBr7c PqhUW MFjTCR
    fh+7w xEMai ERZtX d1yyp iiAJI hTRZY QRwOX xGCHa LeLgt ePzPo LFSmj IQvy4 N9BKm OH1Oc tBo8GI
    2N/k6 e4FVo KTxOi T9rNs 4RKeg QRPCt EESXg WeXu9 v/spz GdfAQ uT9PM E+nRp aZJvk xii8B wi0i+X
    TyQ0R M07oE rg10p YBlDQ TfQuZ Qbawh uQEEM Ek2sW ytJsQ YE8Av D5uqk kkNno Ea/NJ MTMGa 7et4iH
    JqEi9 /Lgn2 StJZT em13p ockyU 6K5WS MNNkI owwrM rJKAo fc88Q ApnNR FMJTq ibFhN EuhU7 CdEM7S
    IIYO8 9F0e4 DxJiE /FTmY C/ULy fd0Om gk5kr C8V1g ZOZK2 puYD1 dVOZp uEhiX 0mYJ5 6NLX0 tI84+l
    LNvSX 2SdiP 8Ivsa PkWpZ /0T9B hLeXd CsVfZ s

    --
    #DeleteFacebook
  5. Re:Thanks, Obama! by mean+pun · · Score: 1

    And you wondered what all those donations to Democrats from Hollywood and the music industry bought?

    Ok, spell it out then: what did they buy?

  6. Re:The Cloud by sheramil · · Score: 1

    This is one of many reasons the cloud makes a terrible backup. The US government may confiscate your legal data during an investigation, and it takes years before they return it.

    Exactly! People, keep your backups on a thumbdrive, so that the police can confiscate it instead.

  7. Re:The Cloud by TheRaven64 · · Score: 2

    This isn't the reason the cloud makes a terrible backup. The thing that you want to avoid with a backup is correlated failures: things that cause a failure of your primary store should be different from things that cause a failure of your backup. Your house burning down or thieves coming and stealing your computers will cause failures of both your original and on-site backups. It's a lot less likely that the founder of your cloud provider will be arrested for the same reason that you lose your laptop.

    Remember: it only matters if your backup storage fails at the same time as your on-line storage.

    --
    I am TheRaven on Soylent News
  8. Spreading/sharing by DrYak · · Score: 1

    Also do not forget that if sharing is what you want (so granma and granpa can see video of their grandkids) :

    - Tarsnap, Dropbox, Google Drive might be more expensive for equivalent storage size / bandwidth. But at least there's less risk for them to go belly up.
    (Even if there's risk for those with non-free/closed-source clients to rape your privacy).
    And you should keep a local copy on your NAS anyway.

    - You can serve the files from your NAS (lots of them feature file server), and YOU can control the protection (e.g.: GPG-encrypted files. Or simply AES-password protected Zip archives if your relative are less tech savvy).

    For sharing with more users simultaneously (video of your *wedding*. And suddenly all the 20 branches of the family scattered around the planet want them) :
    - You can also serve the files over torrent, so you don't need a big bandwidth. Most NAS have also the option built-in.
    And again YOU are in charge of the protection (But if you want strong security, just dont use 'Password123' to encrypt the archive, even if that clueless cousin asks for something easy to remember).

    No matter what keep a separate local copy (keep a copy on your NAS if you go DropBox. Keep a (non encrypted) copy in a separate non-shared directory on your NAS or a separate NAS if you serve the file themselves).

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  9. Re:The Cloud by networkBoy · · Score: 1

    This presumes that the cloud solution doesn't also live sync with your machine, else an accidental delete is not covered...

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  10. Asset forfeiture? by bradley13 · · Score: 5, Interesting

    Geez, I know this is Slashdot, but really. The guy did have a second copy, but it died - as copies do - at the worst possible instant. In this case, basically as the Mega servers were being seized. Should he have had a 3rd copy? A 4th? Sure, but that's not the point.

    The point is: the US government seized servers containing data from thousands and thousands of users. The US government has made no provisions at all for people to retrieve their property. This is theft, plain and simple.

    Consider this in meatspace: The government raids a restaurant thought to be violating health regulations. They seize all property in the restaurant: not only stuff belonging to the business, but the wallets, purses and bags belonging to the customers. The restaurant is in limbo - that's bad enough - but why should the customers' private property be seized and never released.

    Of course, this is the same country that allows asset forfeiture. I'm sure your wallet is guilty of some crime or other...

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Asset forfeiture? by Kjella · · Score: 2

      Of course, this is the same country that allows asset forfeiture. I'm sure your wallet is guilty of some crime or other...

      It doesn't have to be, here's how it goes:

      It looks like you're carrying lots of money. Drug dealers carry lots of money. Hence I will confiscate this money as possible drug profits. If you can show a paper trail in court, you can have it back some day. If you can't, tough. If you need the money right now, tough. Oh and there's no presumption of innocence and no free legal aid since it's a civil matter, if you lose as you very well might you'll also lose a ton on lawyer and court costs.

      One joint was sufficient to confiscate a sailboat. A cheating husband's wife lost their jointly owned car because he was illegally using it to have sex with prostitutes. People's homes have been confiscated because their kids or tenants have been selling drugs out of their room. Rental companies have lost their property because the people who rented it used it for smuggling, even though the company wasn't even a suspect. Basically you can get robbed without any fourth amendment protection, it's insane.

      --
      Live today, because you never know what tomorrow brings
    2. Re:Asset forfeiture? by Joe_Dragon · · Score: 1

      so what if they shut down a full office building just to get one small office that is violating the law.

  11. That's government for you by mi · · Score: 1

    When you keep your data in the cloud, and don't keep backups on hand, you're at the mercy of the powers to be

    Indeed. And the even bigger picture here is that the Government — the single biggest "power that is" — is the primary source of problems. Every interaction with it — be it the TSA agents, the police (even if they aren't after you), the DMV, a hospital, or even the Post Office — carry a high risk of being unpleasant if not outright horrifying. Having an uneventful encounter with these officials is the surprise, not the other way around.

    Folks demanding, government takes over this or that are either idiots or hope to profit personally without being subject of the takeover themselves.

    --
    In Soviet Washington the swamp drains you.