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The Courts Cloud Your Rights Online

US Government: There's Child Porn On the Megaupload Servers Judge! 375

Posted by Unknown Lamer
from the depends-on-what-is-means dept.
Fluffeh writes "In the ongoing Megaupload saga, Carpathia, the company that hosted Megaupload, is in a tough pickle. The EFF wants the data to remain on the servers so that users can get legitimate data back, the MPAA doesn't want the servers back, because it will lead to piracy. Megaupload wants to buy the servers to get all the data, but isn't allowed to as that would have the servers leaving the court's jurisdiction. The U.S .Government won't pay Carpathia for the time that the servers are sitting idle and has a new song in its repertoire by announcing yesterday that the servers 'may contain child pornography,' which would render them 'contraband' and limit Carpathia's options for dealing with them."
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US Government: There's Child Porn On the Megaupload Servers Judge!

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  • by tmosley (996283) on Wednesday April 04, 2012 @08:51AM (#39570367)
    Isn't collective punishment a crime against humanity? Might as well shut down the entire internet because there is CP on there. Might as well shut off the phone system because pedos use it. Might as well place everyone in the country under house arrest because pedos.

    Christ, get me out of this shithole banana republic.
  • Evil (Score:4, Insightful)

    by Hatta (162192) on Wednesday April 04, 2012 @08:52AM (#39570377) Journal

    Jesus fucking christ the US government and its excuse for a "justice" system is evil. Evil fucking pieces of shit.

  • by GmExtremacy (2579091) on Wednesday April 04, 2012 @08:56AM (#39570415)

    Shut up and think of the children!

    And let us spend ridiculous amounts of taxpayer dollars trying to shut down more websites that aren't even hosted in the country so that we can gain absolutely nothing from doing so!

  • Re:Evil (Score:5, Insightful)

    by SecurityGuy (217807) on Wednesday April 04, 2012 @09:00AM (#39570437)

    Well, of course. It was produced by lawyers. The CP argument is awful and I'd love to see the lawyer fired, disbarred, or tarred and feathered for it. Guesswork has no place in court. It MIGHT contain nothing but complete copies of the Bible. It probably doesn't, but it MIGHT.

    It SHOULD be considered entirely legitimate data until evidence is presented that it isn't.

  • by Anonymous Coward on Wednesday April 04, 2012 @09:00AM (#39570445)

    The US justice system is known to be the wost in the entire world. The UN even rates Cuban and Iranian courts as more fair than the US.

  • by Tommy Bologna (2431404) on Wednesday April 04, 2012 @09:03AM (#39570467)
    "May contain" is insufficient. If the government has confiscated these servers, then they have the ability to determine for certain whether the servers do, in fact, contain child pornography. If we're playing the wild conjecture game, then servers may also contain the date of the Messiah's return; or the true location of Amelia Earhart; or the cure for cancer; or the recipe for the best chicken pot pie ever. Let's not limit ourselves to a ham-handed grope for an excuse by law enforcement. To law enforcement: If there is child porn on the servers, copy the files to an evidence drive, delete the originals, then allow access to the legally permissible files. Genius. If a drug operation is detected at 123 Main Street, you get to secure that house, not the entire county.
  • Don't be silly (Score:5, Insightful)

    by SmallFurryCreature (593017) on Wednesday April 04, 2012 @09:10AM (#39570531) Journal

    The US government wouldn't try to use communism as a boogyman. Terrorist! Get with the times!

  • by Shavano (2541114) on Wednesday April 04, 2012 @09:11AM (#39570543)

    This us an example of why I think cloud computing and in particular cloud storage is risky. At any time some government somewhere may decide to seize the servers for some reason that has nothing to do with you. Then where's your data?

    Or they may go out of business-- not just the people you thought you were dealing with but possibly subs in some unknown country.

  • Make no mistake... (Score:3, Insightful)

    by Anonymous Coward on Wednesday April 04, 2012 @09:21AM (#39570591)

    We're watching Carpathia being placed in this chokehold to send a message here to other data centers: This could be you.

  • by AliasMarlowe (1042386) on Wednesday April 04, 2012 @09:21AM (#39570595) Journal

    So there "might" be CP on the Megaupload servers. OK, hard to disprove an allegation like that, especially because some of the material on the servers is likely to be encrypted. But there "might" also be CP on one or more of NASA's servers, or on LoC or CIA servers. Also hard to disprove. And there is an even greater likelihood that CP exists on servers belonging to the FBI or TSA.

    Clearly, all servers connected to the internet should be impounded, until they can be proven free of CP.

  • Why the hell... (Score:5, Insightful)

    by Anonymous Coward on Wednesday April 04, 2012 @09:23AM (#39570621)

    ... were the data on the Megaupload servers being stored unencrypted?

    If I were offering a service like Megaupload, I'd encrypt all the data, give the uploader the key, and then forget what it was. I'd build a decrypter into the client-side download engine, so anyone downloading the files can type in the key (into their browser) so they get the original plaintext.

    That way the hosting service has plausible deniability, and can say something like "We're offering a secure service to our users -- we encrypt your data to give you the assurance that we, ourselves, aren't snooping on you." They're still subject to DMCA takedowns, if someone comes to them with a URL and key, but not subject to fishing expeditions like this one ("show me everything on your servers, hey look kiddie porn").

    All the serious kiddie porn folks are probably off on Freenet anyway...

  • excellent... (Score:4, Insightful)

    by amoeba1911 (978485) on Wednesday April 04, 2012 @09:28AM (#39570675) Homepage

    This is a great full-proof way of destroying any information based business: claim there is a possibility they got child porn.

    YouTube could have child porn: Let's take down YouTube!

    Facebook profiles could have child porn! Lets take down Facebook!

    Apple engineers could keep a stock of child porn on their secret labs: Let's raid the Apple headquarters and confiscate all their equipment!

    Any computer could be used to store and view child porn! We must confiscate ALL computers!

    The Internet could be used to send child porn! We must turn off the Internet, go back to a time where television and newspapers rule the world, to protect us from child porn.

    Really, who needs SOPA PIPA ACTA when you can just claim "child porn" and get a free pass to do whatever the hell you want to do.

  • Re:Evil (Score:5, Insightful)

    by hairyfeet (841228) <bassbeast1968@@@gmail...com> on Wednesday April 04, 2012 @09:32AM (#39570717) Journal
    Sadly I have a friend who works for the state busting CP and he'd probably agree with ya. he says all they bust anymore are social retards because they are easy to catch while they won't be catching shit for actual child predators because the state hates spending a dime on actual field work. he says the social retards are nothing but loser porn addicts sitting in their basements that wouldn't touch anybody but themselves and if you threw a nekkid kid into their lair they'd just screech and hide in the corner, yet we all get to pay millions to house them for decades, all so some prosecutor can yank some huge number out for the presses which helps when he wants to run for office. Isn't the US justice system fun?
  • by kent_eh (543303) on Wednesday April 04, 2012 @09:55AM (#39570917)

    OK, hard to disprove an allegation like that,

    That's what they are hoping for.

    Meanwhile, I think the proper response should be "show some actual evidence to support your allegation or STFU". Specifically, the kind of evidence that would be required to obtain a legitimate search warrant.

  • by Luckyo (1726890) on Wednesday April 04, 2012 @09:55AM (#39570927)

    Actually, considering that at least CIA uses blackmail as a tool, it most certainly has child porn on its servers. It would be extremely stupid not to, when you can blackmail quite a few people with that.

  • by TheGratefulNet (143330) on Wednesday April 04, 2012 @09:56AM (#39570937)

    - government cannot limit freedom of individuals under a pretext to prevent crime

    in principle I agree.

    but in the real world, please name ONE country that acts properly, here. go ahead, I'll wait. go show me one that will not trample on citizens' rights in the name of 'fighting bad guys', whatever bad guys are defined as, locally.

    this is human. this is not american. humans are evil stupid bad creatures and this is the government we ALL get. ALL of us.

    we have failed to create truly fair and just governments or countries.

    there is no where to move to; its a world wide phenom.

    just stop trying to say its the US. its EVERYONE. every leader thinks this way. you disagree?

  • by Anonymous Coward on Wednesday April 04, 2012 @09:58AM (#39570959)

    Not in any meaningful sense, with U.S. jurisdiction going global.

    Kim Dotcom was free to leave, too.

  • by asylumx (881307) on Wednesday April 04, 2012 @10:13AM (#39571103)
    They're called Republicans here.

    (Booooo!)
  • Re:Evil (Score:4, Insightful)

    by DigiShaman (671371) on Wednesday April 04, 2012 @10:21AM (#39571191) Homepage

    Exactly right. Only the low hanging fruit gets attention. This applies to all facets of law enforcement. For all you RPG geeks out there, it's like a lvl 99 player farming for lvl 1 monsters. It's easy, effortless, and provides no additional experience. But, it does make you busy. That alone is important in this aspect.

  • by TheCarp (96830) <`ten.tenaprac' `ta' `cjs'> on Wednesday April 04, 2012 @10:47AM (#39571491) Homepage

    Or a paranoid parent who thinks everyone else is chester the molseter. Seem to be a lot of those actually, the mass media is pretty much bankrolled on scaring the piss out of them, by portraying pretty much everything as a danger thats going to kill their children.

    Ever notice how polls keep showing that people think the crime rates are going up and there is more violent crime today than 10 years ago? Ever wonder why they keep getting that same result, even when the exact opposite trend is the reality?

    I personally chaulk it up to the fact that lowering violent crime rates isn't going to kill your children so its not worth talking about.

  • by Anonymous Coward on Wednesday April 04, 2012 @12:18PM (#39572709)

    Child Porn is indeed one of the root passwords to the U.S. constitution, along with "terrorist". We will soon have "intellectual piracy" on the list.

    But invoke any one and apparently the rule of law becomes the wrong kind of blind.

  • by spire3661 (1038968) on Wednesday April 04, 2012 @01:41PM (#39573823) Journal
    drugs, communism, socialism, sex, god, all work too.

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