The file-sharing site says the government misled a court in order to get search warrants for computer servers
Shuttered file-sharing site Megaupload is attempting to have search warrants executed by the U.S. government deemed invalid. According to Bloomberg News, Megaupload have filed a complaint alleging that the government lied to a court to get warrants to search computer servers in Virginia that belonged to Megaupload.
TorrentFreak detailed the substance of Megaupload’s complaint:
When the U.S. Government applied for the search warrants against Megaupload last year, it told the court that they had warned Megaupload in 2010 that it was hosting infringing files.
Through its hosting company, Megaupload was informed about a criminal search warrant in an unrelated case where the Government requested information on 39 infringing files stored by the file-hosting service.
At the time Megaupload cooperated with this request and handed over details on the uploaders. The files were kept online as Megaupload was instructed not to touch any of the evidence. However, a year later this inaction is being used by the U.S. Government to claim that Megaupload was negligent, leaving out much of the context.
Essentially, according to the complaint, the government misled Megaupload into leaving infringing content on its servers, in order to obtain a warrant from a court to search these servers and indict the site and its founder, Kim Dotcom.
“Nowhere did the Government tell this Court that Megaupload had done exactly what the Government had asked it to do — execute a search warrant without alerting the ostensible targets to the existence of an investigation,” Megaupload’s lawyers contested. If the search warrants are declared invalid or unlawful the court may order the return of Megaupload’s assets worth millions of dollars, which were seized when the site was shuttered.
Dotcom was arrested at his residence in New Zealand last year and faces an extradition hearing in March. In the U.S. he faces as long as 20 years in prison for each of the racketeering and money-laundering charges in the indictment, Bloomberg noted. Dotcom shared his anger over U.S. government actions with TorrentFreak. He said, “A legitimate business destroyed. 220 jobs destroyed. All assets frozen without a hearing. Millions of users without access to their legitimate files. Anti-terror forces to arrest non-violent nerds. Spy agencies to surveil our communications illegally. The White House, a Prime Minister [of New Zealand], two governments abusing our rights.”
Natasha Lennard is an assistant news editor at Salon, covering non-electoral politics, general news and rabble-rousing. Follow her on Twitter @natashalennard, email email@example.com. More Natasha Lennard.
More Related Stories
- Guantánamo prisoner on hunger strike cries for help on Twitter
- DHS admits "impossible" to control 3D-printed guns
- 3 possible solutions to international tax avoidance
- Wikipedia's anti-Pagan crusade
- Could hackers destroy the U.S. power grid?
- Iran hackers aiming at U.S. energy firms
- California judge cites "Star Trek," stuns copyright trolls
- Twitter beefs up security measures
- Man arrested for sending Craigslist sex party to neighbor's house
- Teenagers care more about online privacy than you think
- The Maker kids are alright
- Radio host tweets rape joke, blames journalists for reporting on it
- Cyber attacks could cause the next world war
- Snapchat is secretly storing your photos
- Apple's biggest sin: Popularity
- Facebook's hate speech problem
- Amazon set to launch fine-art gallery
- Twitter torches Dan Brown's "Inferno"
- Looting in Oklahoma?
- Wikipedia cleans up its mess
- You are less beautiful than you think
Featured Slide Shows
The week in 10 picsclose X
- 1 of 11
Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
Credit: AP/LM Otero
Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
Credit: AP/Matt Rourke
A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
Credit: AP/Jenny Aicher
Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
Credit: AP/Molly Riley
Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
Credit: AP/J. Scott Applewhite
Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
Credit: AP/Carolyn Kaster
O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
Credit: AP/Las Vegas Review-Journal/Jeff Scheid
Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
Credit: AP/NASA/Chris Hadfield
When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
Credit: AP/Jacquelyn Martin
A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
Credit: AP/The Duluth News-Tribune/Clint Austin
Recent Slide Shows
- 1 of 11