EFF Files Motion To Have Court Release Seizure Warrant In Megaupload Case
from the should-be-public-info dept
In the ongoing case involving Kyle Goodwin trying to get back the content that he backed up via Megaupload and lost as a result of the US taking down the site, the EFF (representing Goodwin) has asked the court to unseal the initial seizure warrants that the US relied on to grab the Megaupload servers from hosting company Carpathia. They point out the number of concerns that New Zealand courts have raised with the legitimacy of the warrants, as well as some basic principles related to the limits on such warrants within the US..... these materials will certainly assist him to learn what steps, if any, the government took to inform the court of the scope of its planned seizure and related execution of search warrants. They would also show any plan provided by the government or the court in the warrant materials for minimization to protect innocent users before the seizure or to segregate the data after seizure. Federal judges increasingly impose detailed conditions prior to execution of computer searches.... For example, Judge Kozinski in the Ninth Circuit has observed that if the government refuses to forswear the ability to retain or use data that should have been segregated initially, the judge “should order that the seizable and non-seizable data be separated by an independent third party under the supervision of the court, or deny the warrant altogether.” .... Unsealing will allow Mr. Goodwin, as well as the general public, to learn which, if any, such conditions were undertaken in this case.Separately, they note that there is tremendous public interest in revealing these details, and criminal cases should be done as publicly as possible. And, considering how frequently the US government is now seizing websites, the issue is of tremendous importance:
Similarly, under the Fourth Amendment people have a right to be secure in their “papers” and “effects” against unreasonable searches and seizures. A person's “effects” may be the subject of Fourth Amendment protection even where there is no particular privacy or liberty interest.... A property seizure occurs when a governmental intrusion meaningfully interferes with an individual's possessory interest.... The Fourth Amendment analysis, in turn, requires the Court to determine whether the seizure was “reasonable.” Gaining access to the materials that served as a basis for the government’s seizure of his property can assist Mr. Goodwin and other innocent Megaupload users in determining whether the seizure was unreasonable.
The public also has a strong interest in understanding the government process in executing search warrants on cloud computing servers that contain innocent third-party property. Seizures of domain names, and resulting searches of related servers, are tools the government is using with increasing frequency in criminal copyright enforcement actions. For example, the federal government has reportedly seized more than 800 websites so far under its Operation in our Sites campaign. The government has issued press releases and otherwise sought to publicize its efforts, obviously giving its own perspective on its actions. Legislators, the media, and the public are vigorously debating the very issue of these domain name seizures and related searches, even as a large percentage of Americans continue to use cloud computing services. Access to judicial records would ensure a more accurate and informed public debate, rather than one informed merely by the government’s press releasesFinally, they note that the government has already said it has no more need for the servers in question, so why would it make sense to keep the seizure warrant sealed? It seems difficult to argue with any of these points... but I have a feeling that the US Attorneys are about to try to do exactly that...
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Filed Under: kyle goodwin, seizure, warrant
Companies: eff, megaupload
Reader Comments
The First Word
“Not Hollywood.
Not pirates. "That's pretty obvious considering pirated shit is still all over the web"
Who was hurt.
-Government credibility. "Not that it has been that good to begin with."
-Normal people that had no involvement in piracy and just wanted to store their shit.
-Taxpayers "We're not paying for a fucking Hollywood witch hunt"
-The staff of Megaupload.
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Sounds more like piracy apologists trying to add more FUD in the deal.
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So I'd argue that there is standing for the EFF as assisting a plaintiff.
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nevermind that the last of your three 'bigs' isn't even a Thing...
and 'big hardware', if it's even a thing, includes a number of entities who's current interests would put them on the Other Side of that debate...
how broken is your brain that your position even looks like something a sane person might actually even Consider before dismissing it as, at the very least, coming across as nothing more than deranged ranting?
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Asking to see a seizure warrant is now "throwing sand in the gears of content creators"? The f*ck?
"Keep on astroturfing so the billionaires at Big Search, Big Hardware and Big Piracy can make more money and give it to the EFF."
Big Search is NOT a thing. Big Hardware is NOT a thing. Big Piracy is NOT a thing.
YOU ARE AN IDIOT. That however is a thing/fact.
Also, didn't you say once you own a Kindle. I hope you're happy contributing to Big Hardware by purchasing it. And since they're in cahoots, according to you, with Big Search and Big Piracy you just contributed to "throwing sand in the gears of the content creators".
bob. Supporting Big Piracy since he got a Kindle. Oh yeah, how do you type your comments bob? On a computer? Yeah, further contributions to Big Hardware. Further support of Big Piracy. Keep it up bob, keep contributing to helping Big Search cheat content creators and blah blah f*cking blah.
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He probably does see it like that. AC, bob and their ilk want everybody to lie down and simply take whatever the industry prescribes, no matter what the consequences. The fact that people are not only fighting back, but have legitimate reasons and reasonable means of doing so stops them from being able to do whatever they want. So, yes, asking to ensure due process is followed and justice is served according to the law really does get in the way.
"Big Search is NOT a thing. Big Hardware is NOT a thing. Big Piracy is NOT a thing."
Paywalls are a thing, but he uses a definition only he understands. It's not surprising that he fires out idiotic phrases that have no real meaning except in the heads of the paranoid and delusional.
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Then I read the next post.. ie: this one for example and think that Einstein famous quote about infinity was correct..
and NO you're NOT the universe!
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What do you have against Hardware stores that let me fix my house and yard up, bob?
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Yo ho ho and a bottle of rum (disclaimer: Home Depot does not sell rum).
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2/10, 1 point for not even bothering to read the first sentence of the article before posting, and 1 point for using the 'piracy apologist' and 'FUD' buzzwords at the end.
A couple of tips in case you want to try and score higher in the future:
-Mention google/Big Search at least once, though preferably as many times as you can. Remember, they don't have to be mentioned at all to be involved, since google is the internet.
-Ad homs are good for boosting your score, as well as insults, name calling and random swearing.
-Make sure to blame Mike for writing the article, with extra points awarded if Mike wasn't the author.
-Be sure to try and counter any big points with peripherally related facts or minor tidbits that you've heard somewhere else. The more vague the better, and never provide a source for your 'evidence'.
-Paranoia is your friend. Always assume a hidden agenda, the more convoluted and evil the better.
-Related to the last tip, always remember that anyone in a position of authority is automatically right in what they say and do, so anyone disagreeing with them obviously is only doing so due to a nefarious reason, and is a dirty criminal at best.
Take these tips to heart, and some day you may very well score the coveted 10/10.
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You are a waste of electrons to read.
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All mine are recycled.. WTF do you do with them?
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Mind you I think they are splitting them in CERN, which would be considered wasting in a literal sense, but I'm not sure how posting on Techdirt can achieve that.
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If 2/10 were a diving score, I'd consider it the equivalent of faceplanting into the diving platform.
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EFF is the lawyer for the defendant who has standing, how could you have missed that!
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He didn't.
When you're a troll, you don't let little things like facts and evidence get in the way of a perfectly good rant.
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"lawyers for a guy with little chance to get his data back", who happen to be the EFF.
Sort of changes the story quite a bit, doesn't it?
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Sounds more like piracy apologists trying to add more FUD in the deal."
THAT was your opening comment. Notice how nowhere in it did you ask a question. You went straight with "EFF has no standing. Blah blah blah. Piracy apologists blah blah blah FUD blah blah blah."
So, based on your original comment and what you just said, it shows the rest of the class that you are either unable to read and as such just look at headlines and skim articles looking for certain words which you then use in your trollish comments or that you're just here to troll in general, regardless of subject. Both are bad. But one makes you look like a bigger idiot than the other.
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Yet I said "Not entirely sure that EFF has any standing in this. ". That is an open invite to correction, essentially an open end statement, inviting comment, correction, and such.
I am not sure. Someone corrected me. I feel better now. How hard is that to grasp?
However, I still think that EFF is just tossing FUD around. The lack of accessiblity has everything to do with the alleged acts of Mega, as well as their choice in storing information to mix the good with the bad using a storage system that cannot easily be taken apart - seemingly intended to make it harder for authorities to track down bad acts.
EFF needs to sue the right person: Kim.
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If you had actually read the article (instead of skimming the headline) then there would have been no way you can legitimately say "Not entirely sure the EFF have any standing in this", because reading the article (I know, such a hard thing to do!) would have shown you that they are the lawyers for the defense. They have every right to be in that court-room. Thus, the very reason you were "not entirely sure" is your own god-damned fault and should have been prevented/fixed simply by READING THE ARTICLE. Expecting us to correct what you should have done yourself is the height of arrogance.
And how is the EFF throwing FUD around? What do the (alleged) acts of Mega have to do with asking to see the warrants? To compare to a real world scenario: I store legal objects in a locker, which is one of many lockers at a business. The business is accused of a crime and is shut down, with the government taking into their possession the contents of all the lockers. Among those possessions are speech articles, including treasured family photos (to use an example). The EFF is asking here to see the warrant which would show what steps the government took (and in the Megaupload case, its pretty clear they didn't) to protect the Fourth Amendment rights of innocent third parties, and to ensure that their rights to free speech were also protected. Even if Megaupload (or my fictional real world locker business) are the biggest criminals of all time, the government has no right to seize and keep the possessions of third parties, without a plan to return them and to minimise harm caused to third parties.
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Besides the fact that you did not, actually, ask a question, your admission that you couldn't even read *the very first sentence* of the post -- and proceeded to make an ignorant statement that is explained away by that very first sentence -- is as pretty stunning admission, even for you.
Sort of an admission that you're not here for any legitimate purpose, huh? But, then again, we know that already. Also, extra points for going apeshit on some of the first people who called you out on it.
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Wow. All I can say is your comment smacks of desperation to try to hang me out to dry. Too bad that you are being a bit too obvious.
Is there an issue that I admit that I didn't read every word of the story before putting up something that was pretty obvious? EFF itself has no standing in this case.
Normally when you are discussing legal issues, you mention the PLAINTIFF at the top, the lawyers after. Saying that the EFF is filing something makes it sound like something they are doing for themselves.
In the Tenenbaum and Thomas cases, I don't see to remember you ever mentioning their lawyers rather than them in the title of the post. Odd.
Is this perhaps because you support (and may work with) the EFF? Do you think there is more SEO appeal in posting about EFF rather than the plaintiff?
Shouldn't the post be more "Kyle Goodwin Files Motion To Have Court Release Seizure Warrant In Megaupload Case"?
As for my purpose here, let me make it clear. I am here of my own free will, and my purpose is legit. I learn a lot about things here, mostly learning how people self-justify.
I also enjoy watching you go Mike. Your dogged determination to ignore so many things in order to push your agenda is impressive. I am blown away by your skill not to answer questions people ask, and your ability to make people think that some of the dog shit you serve up smells like roses. I think it's impressive.
"Apeshit" pretty much explains any reply you give to people who don't agree with you. Congrats on adding that term to the discussion. :)
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He won't mention that, either.
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He won't mention that, either.
Bullshit. Now you're REALLY reaching. There was no edit. FYI, our content management system records every version of the story, and the very first version has that in there -- because I wrote it exactly that way.
You're incredible. You've been caught not reading the post and now you're flat out lying.
Dude, I know you love to attack me, but seriously?
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Sorry if you feel that way, I didn't see it, and it's not there in the original version I saw.
"Dude, I know you love to attack me, but seriously?"
But seriously, since I know you like to set up people who oppose you here... I leave it at that.
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Sorry if you feel that way, I didn't see it, and it's not there in the original version I saw.
Let me be 100% clear: You Are Lying.
There is no way that it is not in any version that you saw, because it was in there EXACTLY AS YOU SEE IT NOW in the VERY FIRST version of the story I wrote, and it has not changed since then.
You are lying.
But seriously, since I know you like to set up people who oppose you here... I leave it at that.
I guess once you've gone all in with a bald faced lie, why not double down with more, huh?
Seriously. You ought to stop digging. You were caught not reading the article and posting something stupid about it, and you should have just stuck with apologizing for being caught out as a troll who only looks to disagree. Instead, you decided to lie, and then keep lying when called on it.
You know full well that you're completely full of shit, and I know full well that you're completely full of shit, because I wrote the post and it always had that in there -- and our content management system shows the very first -- unpublished -- version of the story with it in there. Because it's always been in there.
If you didn't see it, it's because you're a liar.
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There isn't much more to it. Your word against mine, I know what I saw. My apologies if you don't feel good about it, that's your problem. I would say that your wordy protests speak volumes about it. I think I caught you. That must sting like a bitch.
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I know people have called you a troll in the past, and I've never done that with you. I thought you might actually just be a tremendously clueless, but sincere person.
You've now proven that, beyond any shadow of the doubt, that you're a troll, because you're lying.
I have no problem admitting when I make edits. In this case, no edits were made, and our CMS proves that. You are simply lying. Flat out, 100% full of shit lying.
There isn't much more to it. Your word against mine, I know what I saw.
No, it's not your word against mine. You know you didn't see what you claim you saw, because it never happened. It simply did not ever happen. The version you claim to have seen never existed.
Either way, thanks for proving after all these years that you are, without a doubt, a troll who not only disagrees with posts you've clearly not read, but then you'll lie about it -- and then continue to lie after called out on it.
My apologies if you don't feel good about it, that's your problem. I would say that your wordy protests speak volumes about it. I think I caught you. That must sting like a bitch.
Ha! At this point you're just pulling from the classic troll handbook -- when caught apply everything you're experiencing to the other person.
I feel great about finally confirming that you're a troll, rather than just a moron.
And, yeah, that really must sting like a bitch to get caught. Isn't it about time for you to take one of your "trips" again? Maybe next time you'll show up with a different personality that actually engages, rather than trolls. Wouldn't that be something.
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Sorry if you got caught out.
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Meaning, you, AC, are lying. Rather than admit you're lying, and which Mike can prove, you are now trying to say Mike is lying and the EDIT was made just to get YOU.
Pathetic can't even do justice to that type of move on your part.
Also, there's no "level of protest". It's Mike saying, "Hey, we have software in place that makes note of any changes made. Unfortunately for you, that "EDIT" you refer to is no EDIT, because the word you are saying was "added later" was NOT added later. It was there from the very beginning. You're wrong and rather than admit you are, you're doubling down and flat out lying about myself and the article now."
The one caught out AC is you. You started the comments by attacking an article you didn't read. And got called out on your comment, at which point you admitted you didn't read the article and then lied and said your declarative statement wasn't one but was actually a question. It wasn't as is evident for all to see, it can't even be interpreted as being a question. You then doubled down and, still running with your "didn't read the article", got called out on it. By Mike. Now, rather than admit you have been in error this entire time you're trying to shift blame for your screw-ups to Mike and his conspiracy to get you with one word, "representing".
Just admit you've been wrong since comment 1 and let's move on already. It's not hard, here say it with me, "Everyone, I was wrong. I didn't read the article, I didn't ask a question and Mike's "trying to get me" was me attempting to cover up for my own inability to read the article. [shrugs] My bad. I'll try not to let it happen again."
It's what an adult would do at this point. A troll though would keep going down the path you've doggedly set upon.
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Where's the list of people hurt by Megaupload
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Re: Where's the list of people hurt by Megaupload
an entity known for assassinations, torture, near total disrespect for other nation's sovereignty, and really deep pockets.
most people would rate that as not worth it.
(also: multiple backups.)
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Re: Where's the list of people hurt by Megaupload
Tsk tsk. Your credibility is showing. You could learn a lot by reading.
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Maybe you should stop listening to your masters and walk outside, bob.
But then, you'll explode from the sunlight.
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When the public is paralysed by these overly illegal seizures, then will Skynet strike.
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We need a contemptible button.
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Hey bob, the article you are commenting on talks about one such guy. Try reading it. Take your time but be aware that it uses Big Words.
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Not Hollywood.
Not pirates. "That's pretty obvious considering pirated shit is still all over the web"
Who was hurt.
-Government credibility. "Not that it has been that good to begin with."
-Normal people that had no involvement in piracy and just wanted to store their shit.
-Taxpayers "We're not paying for a fucking Hollywood witch hunt"
-The staff of Megaupload.
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FTFY, they couldn't give a s**t about the employees.
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Maybe Mega should be talking about this more , in fact this would be a good conversation to start in the court, I am sure the judge would look at the case in a different light if this was brought to her attention.
The problem is that Hollywood or the DOJ,(same thing) would just argue that people do not have access to all the stuff that was on Mega, even though it is out there for everyone to download.
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Strong Interest
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"content that he backed up via Megaupload and lost"
But mainly it's an attempt to whine on behalf of "Mr. Goodwin and other innocent Megaupload users" -- the few who may make such distinction possible, while Mike and his pirate band are silent on the millions of other users.
A few good apples don't un-spoil the rest of the barrel.*
If you lie down with dogs, you get up with fleas.
A man is known by the company he keeps.
* Likely an original reversal.
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I would like to subscribe to your magazine /s
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Re: Re: "content that he backed up via Megaupload and lost"
We can't have problems being solved by extreme measure because then there'd be no more problems for us to solve.
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Re: "content that he backed up via Megaupload and lost"
What do you have against them unsealing the documents?
Surely if they approached the megaupload indictment legitimately then they have nothing to hide?
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The US laws are pretty strict about any innocent third parties being effected by seizures, and it's pretty clear through both the admittance of the MPAA, DoJ, and other parties involved that Godwin and the others do have rights to get the data back. So I guess you are arguing against the MPAA and everyone else?
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Re: "content that he backed up via Megaupload and lost"
Maybe you should try reading up on a subject before you post dumbass comments.
Mr. Goodwin did have his files stored locally and Mega was his backup, then his hard drive crashed.
From EFF's original article about the case:
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Hopefully you've read Gwiz's comment and learned a valuable lesson about making smart-ass comments about a topic you don't know all the facts on. Can we expect an apology for your completely incorrect assumption and mocking attitude?
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What does the CIA/NSA, Lowes/Home Depot, and Somalia have to do with this article?
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Warm up the Report button!
Oh right:
"There are only 2 things that are infinite: the universe and human stupidity, and I'm not certain about the universe." - Albert Einstein
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Re: Warm up the Report button!
For example, every time bob says "paywall" it could be replaced with "doo doo butter."
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From: ###############
To: #########
############################ Megaupload ###############
############# on #################### with ##########
##################### so that ##########################
and ########################## or ####################
#################### when ###########################
################ not ################# and #############
######## therefore #######################
Signed: #################
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Has anyone asked Carpathia for the return of their data?
I realize that just contacting the PR people for Carpathia would be of little use–they'd basically ignore me and being that I'm not an American citizen I can't go to the US Gov't and ask for a resolution to this issue. So, who can I contact?
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