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Posted 08 November 2012 - 11:27
Posted 08 November 2012 - 11:31
Posted 08 November 2012 - 14:58
In the end of October, the EFF, representing Kyle Goodwin, has filed a brief to ask for a court of law to scrutinize the decision of the US authorities to close down one of the major cyberlockers and, which is more important, the denial of 3rd parties to recover their lost content.
Despite the fact that MegaUpload is already dead and buried, its founder Kim Dotcom has promised to relaunch the portal under a new domain, and with extra features. The US Department of Justice commented that this move will be considered as a violation of Dotcom’s bail terms. In the meantime, Dotcom announced that the new website will be simply called Me.ga, moving from .com and .net domains for apparent reason. The site is expected to be launched on January the 20th, 2013.
Dotcom admitted that they cannot work with hosting companies located in the US, because safe harbor for ISPs via the DMCA has been undermined by the Department of Justice with its criminal prosecution of the cyberlocker.
In response to the EFF’s brief, the government of the United States also filed a brief, where it asked for 3rd parties to travel far away to recover the lost information. In addition, the government confirmed that it browsed the seized files, including Kyle Goodwin’s personal data.
It is still not clear whether the search in question was authorized or not, but the fact is that the US authorities could return the seized content to its rightful owners just as easily as they violated it. In addition, the American government pointed out that Kyle’s rights vanished when he opted for cloud-based services. The reason for this claim is the following: the contract between the user and the cyberlocker, as well as the contract between MegaUpload and its hosting company Carpathia, has limited any property interest he might have in his files. It means that cloud-based services aren’t able to protect data against losses, particularly if the authorities come in with a warrant. In the meantime, industry observers wonder whether this theory applies to services like Amazon’s S3, Apple’s iCloud and Google Apps as well.
Anyway, the worrying part is that such tactics call for action – for instance, the Electronic Frontier Foundation is trying to do this by filing the brief. Let’s see what kind of response it will get.
Posted 08 November 2012 - 18:08
Agreed its another case of countrie sucking up the arse of the USA
the UK is one of the worst for it, the USA say jump and the Countires ask how high
Posted 08 November 2012 - 18:33
Posted 08 November 2012 - 20:20