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ExtraTorrent.cc > Articles > American Government’s Tactics Against MegaUpload

American Government’s Tactics Against MegaUpload

American Government’s Tactics Against MegaUpload

Added: Friday, June 1st, 2012
Category: Recent Headlines Involving File Sharing > Current Events
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The lawyer of Kim Dotcom and his former company claimed that the American government is doing its best trying to prevent access to the content required for key court appearances.

U.S.-Government%E2%80%99s-Tactics-In-The-Megaupload-Case-Exposed-by-Kim-Dotcoms-Lawyer-300x200.jpg

Indeed, the US government’s tactics attracted the public and media attention. The latest example was the way the authorities handled seized information from Dotcom’s mansion. During their winter raid, law enforcement agents seized many computing devices and hard drives, and Kim’s lawyer claimed that the information in question included video recorded from surveillance cameras. This is considered to be an important piece of evidence which could establish whether the raid was excessive or not. Moreover, seized hard drives also hold personal files that belonged to Kim’s family.

According to Dotcom’s lawyer, the search warrant was broad and allowed police to seize all media data in the house regardless of its relevance to the MegaUpload case. Worse still, the defense revealed that a number of those hard drives were sent to the US without the approval of New Zealand’s courts. Dotcom’s supporters argue that the local judiciary should have implemented protections allowing for a court-mediated filtering of information in order to ensure fairness and relevance. So, Dotcom is eagerly waiting for the NZ’s judiciary to weigh in on that conduct.

They also blamed the American government for delay tactics – for instance, the defense team still didn’t receive copies of the MegaUpload owner’s personal hard drives after 4 months since the raid. In response, the prosecutors claim that it’s too burdensome to make copies of the drives in New Zealand, so they had to bring them back to the United States.

Meanwhile, Kim Dotcom will be facing an extradition hearing in August, and the data on the hard drives can be essential in building his defense. Another conflict between MegaUpload and the US government also related to the disclosure of passwords required to decrypt some of the information on the seized drives. Although MegaUpload’s founder initially agreed to disclose the passwords to allow relevant information to be made public, this offer was withdrawn after his team found out about the unauthorized transfer of the hard drives outside the country’s jurisdiction.


By:
SaM
June 1st,2012

Posted by: 
SaM

Date:  Friday, June 1st, 2012



Comments (12) (please add your comment »)

1
posted by (2012-06-01 16:00:39)
wowmagic1 avatarI call bullshit.

2
posted by Blocked (2012-06-01 16:27:07)
spookyspider avatarI don't know what to think about this. I'll have to wait for menahunie's delightfully insane comments are posted to formulate my opinion.

3
posted by (2012-06-01 17:11:35)
CaptCosmo avatar@spookyspider

4
posted by ET junkiemen (2012-06-02 03:14:18)
4GET avatara comment 2 spookyspider i would go back to the hole in the wall if i were you b4 you bite more than you can chew ..on topic how long are they going to chase this pig in bag there is no proof !these clowns have hit a brick wall having the drive for 4 months chasing shadows corruption i smell ..thank sam and all for info

5
posted by (2012-06-02 09:45:12)
Jimini3 avatarI second that bullshit call! All in favor say "Aye".

6
posted by Blocked (2012-06-02 09:45:51)
No avatarTo be honest the fact the hard drives were sent to the USA with no court approved action in New Zealand would just strengthen kim's case, not to mention he could dispute anything they claim as evidence on the hard drives since they cannot prove he put those files on the hdd after ilegally taking them to the USA lol.
To be honest Kim will win any fair trial, but since the US gov does not like fairness, they will probly hold the trial in a gitmo styled military tribunal rofl. In all honesty he will probly have all assest returned to him in New Zealand and be compensated by the NZ gov for all the bull crap the US gov did to him, then again the US gov could settle out of court as long as he does not try to sue them over the hijacking and illegal seizure of Megaupload, in return they would offer not to send him to gitmo for the next 20 years.

7
posted by (2012-06-02 11:09:52)
No avatarok so i know we all like to read stories of the little guy being harassed by the big bad evil country and winning. but, has anyone even thought that maybe some of the lawyers who say this stuff are maybe trying stall tactics of their own. because lets face it a defense attorneys job is to lie or do what ever they have to so that they can get their client off guilty or not. im sure kim dotcom knew exactly what his company was doing and like so many other millionaires didnt care. also i would like to note that none of us who only read these small articles and make up all these complex decisions we are not in the know on this we only know what we are being told in press release form.

and we all know that those press releases dont tell all the facts wouldnt it be weird if a lawyer sent out press releases to make their client look like the victim i mean what honest lawyer does that right? i for one am not making up my mind on this subject based on the small out of facts we get in these articles or let it be fueled by my like or hatred of america. also i would like to point out to there is alot more info on this subject to be found and alot of it is written better.

i enjoy alot of these articles but i would like more info and less of the america bashing i think it takes from the article and tends to generate more anti america comments then comments on the subject of the article once again i would like to say also that i for one believe that the soul purpose of this was not to get mr. dotcom put in jail the MPAA started this ball rolling and they succeeded the day he was arrested from what i have researched kim wanted to try a new look at how the music industry was structured which in the long run seemed like it could cause companies like the MPAA billions of dollars

the MPAA got this ball going to kill megaupload and they succeeded anyone who disagrees with that go ahead and try to surf over to one of their webpages if kim starts a new company it may work but mega is dead it took a kill shot and i think that was the soul purpose of this whole thing

8
posted by (2012-06-02 13:23:33)
goose38 avatarthe usa land of the free not

9
posted by (2012-06-03 03:01:06)
s1n1573r avatar@ 7 raven1618
"mega is dead it took a kill shot and i think that was the soul purpose of this whole thing"

Well done hit the nail on the head, This is what I also believe all they want is for sites like MU to be gone anything else is gravy.

10
posted by Blocked (2012-06-03 08:25:52)
menahunie avatarMegaupload Asks US Court to Dismiss Indictment, Cites Jurisdiction

By John Ribeiro, IDG News May 31, 2012 2:08 am

Megaupload cannot be brought within the jurisdiction of a federal court in Virginia for criminal proceedings without its consent, as federal rules do not contemplate service of a criminal summons on a wholly foreign corporation without an agent or offices in the U.S., its lawyers said in a filing on Wednesday.

The move to get the court to dismiss the criminal case against the Hong Kong based file-sharing site comes a day after a court in Auckland ruled that Megaupload founder, Kim Dotcom, should be allowed access to documents that contain evidence against him, held by prosecutors in the U.S. and New Zealand.

Dotcom and colleagues, and two companies including Megaupload, were indicted by a grand jury in the Eastern District of Virginia on Jan. 5, and charged with engaging in a racketeering conspiracy, conspiring to commit copyright infringement and money laundering, and two substantive counts of criminal copyright infringement, according to the U.S. Department of Justice. Dotcom and colleagues Finn Batato, Mathias Ortmann and Bram van der Kolk were arrested in Auckland by New Zealand authorities, who executed provisional arrest warrants requested by the U.S.

The U.S. has filed in Auckland for the extradition of Dotcom and three other colleagues, which comes up for hearing on Aug. 6.

Although the government obtained warrants from the federal court in Virginia for the arrest of Dotcom and six others, it did not obtain an arrest warrant nor request a summons for Megaupload, according to a proposed motion before the U.S. District Court for the Eastern District of Virginia, Alexandria division.

Counsels for Megaupload filed Wednesday for leave to enter a limited and special appearance on behalf of Megaupload to file the motion. The counsels have also asked leave to enter a motion to release assets of the defendants frozen by the U.S. to pay for their defense.

"It is thus apparent that on January 5, 2012, the Government saw fit to indict Megaupload, seize all its assets, and force the company into extinction without serving--or even attempting to serve--the company in any way, shape or form," Megaupload's lawyers have said in the proposed motion to the court.

Megaupload's argument turns around rule 4 of the Federal Rule of Criminal Procedure which is said to pose a hurdle to serving a corporation that resides on foreign soil as it requires that "a summons is served on an organization by delivering a copy to an officer, to a managing or general agent, or to another agent appointed or legally authorized to receive service of process."

The second part of the rule also requires that a copy of the summons "must also be mailed to the organization's last known address within the district or to its principal place of business elsewhere in the United States."

To date, the government has not served a summons on any officer or agent of Megaupload, according to the proposed motion, as Megaupload does not have any officers or authorized agents for service of process in the U.S., according to the motion.

As Megaupload does not have an office in the U.S., nor has it had one previously, the service of a criminal summons on Megaupload is therefore impossible, which forecloses the government from prosecuting Megaupload, the counsels have argued in the filing.

Even if Dotcom is extradited to the U.S., the government cannot properly serve Megaupload, because the second part of rule 4 will still not be satisfied.

The court should dismiss the indictment against Megaupload to prevent any further injustice, according to the filing. U.S. officials were not immediately available for comment.

11
posted by (2012-06-04 00:12:15)
dikhed avatarthe us government knows they have screwed up. they will drag this shit out now in the hope dotcom runs outa money or just plain gives up. its hard to take on team america when all you have behind you is public opinion

12
posted by (2012-06-04 01:37:28)
No avatarIt doesn't cost a lot of cash to buy some good links into government in my country (a couple of campain donations and a few government bonds)...
Extradition...
Ha...
They let him move back into his mansion the other day...
Dotcom's not going anywere soon...

Just another court case to defraud us of more of millions more of our tax $$$$$$

We will watch this go on for as long as they can, they like to draw out these things and pay their (back pocketed) judges and lawyers some crazy amount of cash for as long as they can.

Ah... to be white and rich...



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