 Noah VailSon made my AvatarPremium
join:2004-12-10
Lorton, VA
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| Lawsuit over lost MegaUpload files - Justice to delete data I'm sure these 2 stories are completely unrelated.
First Story - Megaupload users prep lawsuit against the Federal Bureau of Investigation over unavailable content.
Second Story - Federal Prosecutors prep to delete the userdata from MegaUploads servers as early as Thursday.
said by NZ Hearold :US federal prosecutors say data from users of Megaupload could be deleted as soon as Thursday.
The company says its millions of users stored their own data, including family photos and personal documents. They haven't been able to see their data since the government raids earlier this month, but there has been hope would be able to get it back.
Megaupload hires outside companies to store the data, for a fee. 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. Spokespersons for the two companies and for the U.S. Attorney's Office did not respond to messages Sunday night.
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. Huh. I seem to remember the feds going after select users - after any number of different takedowns.
FBI/ICE/Justice always seems to have whatever warrant they need to get at the data they want.
I've never heard of the feds deleting user data in a case like this - and so soon after the raid.
It's almost like the FBI wants this data gone and fast.
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| If the case and warrants is against the owners of Megaupload, and Megaupload as an operating business, why would they want to get warrants to save data in order implicate and prosecute individual users? Isn't it a *good* thing that they are saying they don't have warrants for that?
Also, the article doesn't say the Feds are forcing deletion of the data. It's stated that the hosts 'may begin deleting' not that they 'must begin deleting' the data by some sort of executive order.
There's not enough info to make assumptions about motives. I highly doubt the lawyer team for MU's or the Feds are motive free with their statements. |
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Noah VailSon made my AvatarPremium
join:2004-12-10
Lorton, VA
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| said by Pseudonym01:If the case and warrants is against the owners of Megaupload, and Megaupload as an operating business, why would they want to get warrants to save data in order implicate and prosecute individual users? Isn't it a *good* thing that they are saying they don't have warrants for that? Who knows?
I'm pointing out that it's a radical departure from historical procedure and wondering what the accurate reason is for it.
said by Pseudonym01:There's not enough info to make assumptions about motives. I think you assumed the OP is making assumptions.
It's really just speculation and some obvious questions. There's plenty enough info for that.
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 JuggernautIrreverent or irrelevant?Premium
join:2006-09-05
Everywhere
kudos:1 | reply to Noah Vail
Part of the problem here is, people have personal files stored on these types of sites.
This is only one of the reasons why I refuse to store anything in the 'cloud'. People will learn a harsh lesson with this take-down.
I won't relinquish control over my data to anyone. |
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| said by Juggernaut:This is only one of the reasons why I refuse to store anything in the 'cloud'. People will learn a harsh lesson with this take-down. Storing data in a public cloud is fine as long as you retain a local copy. Clouds have their place, namely making data accessible to multiple users/computers/locations. Technically if you have a file/media server at home then you have your own personal cloud.
/M |
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 caffeinatorComing soon to a cup near you..Premium
join:2005-01-16
WA, USA
kudos:3
 ·CenturyLink
| reply to Noah Vail
This is what they are saying is the reason why, but sounds fishy.
I don't know that a major hosting company would delete THAT much data that soon after non-payment...particularly under the circumstances. Perhaps it's part of a sealed plea deal arrangement for the hosting companies involved?
quote:
Data stored on seized file-sharing site MegaUpload could be deleted from as early as Thursday this week, Federal prosecutors in the US have confirmed, after the company’s frozen assets stopped paying for the site’s hosting. MegaUpload’s attorney, Ira Rothken, has warned that the site has no way of continuing to maintain the data of around 50m users, The Guardian reports, while a US government letter regarding the case confirmed that data expected to be cited during the prosecution of Kim Dotcom, MegaUpload’s CEO, and his team was merely copied from the servers rather than the computers themselves being among the grabbed assets.
Since the search warrant has now expired, prosecutors confirm, the government can no longer access the MegaUpload files so as to secure copies for legitimate users. Instead, it’s down to hosting companies Carpathia Hosting and Cogent Communications Group to decide what to do, with one or both of the firms being free to delete content from February 2 2012.
»www.slashgear.com/megaupload-dat···0211175/
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 BlackbirdBuilt for SpeedPremium
join:2005-01-14
Fort Wayne, IN
kudos:2
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| said by caffeinator:This is what they are saying is the reason why, but sounds fishy.
I don't know that a major hosting company would delete THAT much data that soon after non-payment...particularly under the circumstances. Perhaps it's part of a sealed plea deal arrangement for the hosting companies involved?... Hmm. In any case, it does strike me as a very effective way for the government (at the behest of **IA's) to take a company out of business and keep it that way, regardless of legal outcome. By permitting the data to be extinguished by the hosting houses, but effectively not allowing access by users through having frozen Mega's assets, it all but guarantees the forever loss of Mega's customer base no matter how the legal issues eventually get sorted out... and it sends a "quenching" message to users of other services elsewhere that are similar to Mega. All without trial. RICO methodology, while it provides the government with powerful tools against racketeering, also provides the means for government to deliver withering punishment regardless of how an eventual trial turns out - by the time the accused happens to be exonerated, his business will be thoroughly extinct, though he will of course get his then-worthless assets returned by the government without even an apology.
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 AVDRespice, Adspice, ProspicePremium
join:2003-02-06
Onion, NJ | reply to Noah Vail
said by Noah Vail:It's almost like the FBI wants this data gone and fast.
I bet you it's the vendors, not the FBI.
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 EGeezerSummertimePremium
join:2002-08-04
Midwest
kudos:7
 ·Callcentric
| reply to Noah Vail
It would seem that the lawyers for MU could make a case that deleting all data would destroy evidence of any MU claim that they primarily host legitimate uploaded content.
But then, if that is not the case, destruction of the evidence could be in their favor.
Also, it could be a business opportunity for Carpathia and Cogent to make that content available to the users for some kind of retrieval fee.
Lastly, the MU takedown is clear evidence that SOPA and PIPA are unnecessary to deal with pirate sites. |
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 neochu
join:2008-12-12
Windsor, ON | reply to Noah Vail
Well deleting any data would result in destruction of evidence on either side of the case. The feds may have a clone of the data but is that going to be enough legally?
I thought deleting data subject to an indictment without court release is destruction of evidence. In either side it could wind up in a mistrial if not handled correctly. Cogent and the other were in fact party to the indictment anyways so they may not legally be able to.
Sounds more like to me those two are threatening to destroy the evidence unless someone pays them. Rather than doing it to the customer which is in jail, their filing notices to the feds much like a creditor would but threatening evidence destruction instead.
Companies who had legitimate claims to data and the pockets could literally go after whomever deleted the data legally.
though with everything going on beyond the Piracy issues this will be an interesting precedent for the integrity of cloud based storage... |
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 Link LoggerPremium,MVM
join:2001-03-29
Calgary, AB
kudos:3
·Shaw
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Misleading thread title as its not the Justice thats deleting the data, its the third party server vendors that will be deleting the data claiming none payment of services (the sooner its gone the less likely they are going to be involved in this mess).
Now as to who wants the data deleted, its not the fedz, its the third party vendors and the users. Sure some folks are going to lose non replaceable data (bad idea to save your only copy on MegaUpload to begin with), but imagine for a second what happens if the feds manage to crack said data in an effort to prove the amount of copyrighted material on MegaUploads. Not only would they find it, but they would also likely know who uploaded it (distribution of copyrighted material without an agreement is a no no), and imagine if they found some other more interesting material (for example kiddie porn), so I'm thinking that all sorts of people might want to have this data deleted ASAP and none of them would be the fedz.
I would think a number of people are sweating bullets right now hoping that data can't be cracked (dictionary attack against the zips would open what percentage for an easy pop).
Blake
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 DownTheShoreTag, you're itPremium
join:2003-12-02
Beautiful NJ
kudos:11 | reply to Noah Vail
However, in a statement Carpathia said: "Carpathia Hosting does not have, and has never had, access to the content on Megaupload servers and has no mechanism for returning any content residing on such servers to Megaupload's customers.
"The reference to the 2 Feb 2012 date in the Department of Justice letter for the deletion of content is not based on any information provided by Carpathia to the US Government."
The company said that users seeking to recover their data would need to contact Megaupload.
It would appear that the DOJ is engaging in a bit of fear-mongering.
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 Name GamePremium
join:2002-07-07
North Myrtle Beach, SC
kudos:6 | reply to Noah Vail
Reprive 
Good news for Megaupload users: Your data just got a two-week reprieve from being deleted.
Friday, U.S. district attorney Neil MacBride had written to Megaupload's lawyers, informing them that federal investigators had finished reviewing Megaupload data, and that it could be deleted from servers just one week later. "It is our understanding that the hosting companies may begin deleting the contents of the servers beginning as early as February 2, 2012," wrote MacBride.
In the United States, Megaupload leases servers from two hosting providers: Carpathia Hosting and Cogent Communications. Since the Justice Department froze Megaupload's assets, however, the file-sharing site could no longer pay its leasing bills.
But Ira Rothken, Megaupload's U.S. attorney, said the two hosting providers have since agreed that they won't delete the Megaupload data they're storing, for at least two more weeks. "The hosting companies have been gracious enough to provide additional time so we can work out some kind of arrangement with the government," Rothken said, according to news reports. The negotiations are meant to free up funds to pay the hosting providers to recover some data, which he said may also aid Megaupload's defense.
»informationweek.com/news/securit···32500800 |
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