Megaupload User Data Could Be Destroyed Soon

New submitter advid.net writes "According to the Associated Press, user data from the recently-closed file-hosting site Megaupload could be destroyed as soon as Thursday. Apparently Megaupload paid another company to actually store the data. '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. ... 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. The servers are controlled by Carpathia and Cogent and issues about the future of the data must be resolved with them, prosecutors said." There's also been talk of a lawsuit against the FBI over users' lost files.

Re:Suing the FBI?

[Mitreya]

Still, I don't think you can sue the FBI for executing a warrant, unless they have gone beyond the scope of what was permitted in the warrant.

They froze the assets of a company that hasn't been found guilty of anything yet? Why are they allowed to do that? There is certainly a possibility that MegaUpload will be found not guilty and then who's going to refund the costs, recover the data and refund the lost user fees??

Re:Suing the FBI?

[Anonymous Coward]

They froze the assets of a company that hasn't been found guilty of anything yet? Why are they allowed to do that?

That's RICO [wikipedia.org] for ya, baby.

When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

Re:Nuke 'em from orbit.

[Beelzebud]

If only you could Use something on the Net for that.

Re:Can they simply delete it?

[JackDW]

No. See the indictment [scribd.com]. Very interesting document. The real evidence against these guys is not on Megaupload at all. It is in the emails they sent to each other and to outsiders.

The Feds' case hangs on the allegation that these guys formed a criminal conspiracy, i.e. that they knew that they were breaking laws and that they conspired to hide this because of the vast profitability of their operation. The evidence is all email records, bank statements, and Kim Dotcom's fleet of luxury cars.

Re:Can they simply delete it?

[Sarten-X]

Nothing to be done except, of course, for calling representatives and writing letters until a suitable about of attention is garnered to show that them opposition to a law is greater than what the RIAA/MPAA claims its support is.