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

Unknown Lamer posted about 2 years ago | from the depends-on-what-is-means dept.

The Courts 375

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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Please! (4, Funny)

Walterk (124748) | about 2 years ago | (#39570337)

Why won't someone think of the children!?

Re:Please! (5, Funny)

Anonymous Coward | about 2 years ago | (#39570353)

Besides the pedophiles, you mean?

Re:Please! (0)

Anonymous Coward | about 2 years ago | (#39570525)

'Won't someone think of the children, and let them have their porn!'

I mean seriously, what kid's goal wasn't it to get into a stash of porn? And it wasn't limited to the guys either! I know of at least two girls when *I* was in GRADE SCHOOL (That's K-6 for you non-Americans, your definition may vary!) who'd gone through dad's/uncle's hidden porn stashes wanting to find out what it was all about.

Please think of the children and give them back megaupload so they too can look at porn! :-D

(This post in no way condones children looking at porn. In fact in any Muslim majority country, this should constitute a stoning of both the child and the mother who could birth such immoral children!)

Captcha was 'Aborted.' :)

Impound all servers... (5, Insightful)

AliasMarlowe (1042386) | about 2 years ago | (#39570595)

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.

Re:Impound all servers... (5, Insightful)

kent_eh (543303) | about 2 years ago | (#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.

Re:Impound all servers... (5, Insightful)

Luckyo (1726890) | about 2 years ago | (#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.

Re:Please! (3, Informative)

Anonymous Coward | about 2 years ago | (#39570625)

WTF is K-6?
Just give us a damn age range if you're going to inform us internationals

Re:Please! (5, Funny)

Anonymous Coward | about 2 years ago | (#39570947)

Small version of K-9; examples include dachshunds and shar-peis. In other words, bestiality.

Re:Please! (1)

Anonymous Coward | about 2 years ago | (#39571091)

Kindergarten through grade 6.

Re:Please! (0)

Anonymous Coward | about 2 years ago | (#39570549)

Love that Simpsons episode! :-D

Re:Please! (4, Funny)

crazyjj (2598719) | about 2 years ago | (#39570651)

I am clutching my pearls even as we speak.

Do you think it's possible there could also be T E R R O R I S T S using this too?!?!?!?

Re:Please! (2)

poetmatt (793785) | about 2 years ago | (#39570977)

Won't someone think of the planted evidence?!

Just think of what is uncovered when it shows MPAA has put data on megaupload's servers, not unlike the youtube case. I dont' even need to know specifics to guarantee this would happen because this is a commonly used service.

And if we were in the 50s. (5, Funny)

Anonymous Coward | about 2 years ago | (#39570343)

There's Communist propaganda on them there servers, or in the 1600's there be witch craft on em!

Re:And if we were in the 50s. (4, Funny)

Shavano (2541114) | about 2 years ago | (#39570399)

There IS witchcraft on them. What else could make those pictures move?

And Communist propaganda, almost certainly.

Re:And if we were in the 50s. (4, Funny)

Anonymous Coward | about 2 years ago | (#39570697)

Everybody knows that communists and witches are plotting together to steal america's freedom!

Re:And if we were in the 50s. (1)

Opportunist (166417) | about 2 years ago | (#39570645)

The strawman is a terrorists today, no longer a communist.

Re:And if we were in the 50s. (3, Interesting)

jythie (914043) | about 2 years ago | (#39570873)

I don't know.. listening to the GoP/Tea Party rhetoric lately it sounds like they are making a go at that boogie man again. I have actually started hearing people singing the praises of McCarthy again and believe that he is being 'slandered in liberal history classes'.

Re:And if we were in the 50s. (4, Funny)

crazyjj (2598719) | about 2 years ago | (#39570663)

Throw the servers in water!!! If they don't drown, they be in congress with Satan!!!!

Crimes Against Humanity (5, Insightful)

tmosley (996283) | about 2 years ago | (#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.

Re:Crimes Against Humanity (4, Insightful)

GmExtremacy (2579091) | about 2 years ago | (#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:Crimes Against Humanity (1, Funny)

oodaloop (1229816) | about 2 years ago | (#39570453)

Shut up and think of the children!

It seems part of the problem is that some people are thinking of the children. Just, you know, in a different way.

Re:Crimes Against Humanity (0)

Anonymous Coward | about 2 years ago | (#39570593)

You don't have to explain the joke every time it's used.

Re:Crimes Against Humanity (1, Funny)

Loughla (2531696) | about 2 years ago | (#39570943)


What's long and hard and full of seamen?

A Submarine!!!

See, it's funny because you thought I would say penis, and I didn't. I said submarine instead of penis. That's why it's funny. Get it?

GET IT????

Re:Crimes Against Humanity (1)

Opportunist (166417) | about 2 years ago | (#39570669)

Anyone thinking of the children constantly has to be a pedo.

And unlike a lot of other "anyone who does $action he has to be a $boogeyman" arguments, this could actually be true. I mean, think about it, how much time do you spend thinking about girls (or guys, depending on you)?

Re:Crimes Against Humanity (4, Informative)

ArsenneLupin (766289) | about 2 years ago | (#39570561)

Isn't collective punishment a crime against humanity?

Only if it happens during war-time by a power foreign to the victim.

Article 33 of the 4th Geneva Convention:

Article 33. No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.

Article 4 defines who is a Protected person:

Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.

So, unless a Megaupload user is

  1. not a US national, and
  2. has been captured by the US as a prisoner of war (or his home town has been invaded by the US),

he cannot claim that this is a war crime.

Even Kim Dotcom himself couldn't claim protection under article 33 of the Geneva Convention:

  1. He was not captured in the scope of a conflict or occupation: indeed, he went to New Zealand willingly, and New Zealand is not at war with Germany (Kim's nationality).
  2. New Zealand authorities captured him willingly, there was no (direct) intervention of US forces here (the MAFIAA's nationality), and New Zealand is not at war with the US.

Moreover, the "punishments" that the Geneva Convention speaks about are executions, and grave bodily punishments, not mere deprivation of access to one's data.

Re:Crimes Against Humanity (2)

GmExtremacy (2579091) | about 2 years ago | (#39570677)

That may be so, but they are similar situations in that everyone is being punished (in different ways, obviously) for the actions of a few. Much like with DRM, the TSA, the Patriot Act, etc.

not mere deprivation of access to one's data.

A small evil is still an evil.

Re:Crimes Against Humanity (2)

sheehaje (240093) | about 2 years ago | (#39570823)

"Christ, get me out of this shithole banana republic."

Since when do we grow banana's?

Re:Crimes Against Humanity (5, Informative)

tmosley (996283) | about 2 years ago | (#39571071)

A banana republic is generally defined as a nation where the government is not subject to the rule of law.

From wikipedia: In practice, a banana republic is a country operated as a commercial enterprise for private profit, effected by the collusion between the State and favoured monopolies, whereby the profits derived from private exploitation of public lands is private property, and the debts incurred are public responsibility. Such an imbalanced economy reduces the national currency to devalued paper-money, hence, the country is ineligible for international development credit and remains limited by the uneven economic development of town and country. Kleptocracy, government by thieves, features influential government employees exploiting their posts for personal gain (embezzlement, fraud, bribery, etc.), with the resultant deficit repaid by the native working people who “earn money”, rather than “make money”. Because of foreign (corporate) manipulation, the government is unaccountable to its nation, the country’s private sector–public sector corruption operates the banana republic, thus, the national legislature usually are for sale, and function mostly as ceremonial government.

Re:Crimes Against Humanity (-1)

Anonymous Coward | about 2 years ago | (#39570839)

Christ, get me out of this shithole banana republic.

You are free to leave.

Re:Crimes Against Humanity (3, Insightful)

Anonymous Coward | about 2 years ago | (#39570959)

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

Kim Dotcom was free to leave, too.

Minimum sentencing (1)

jtoj (537440) | about 2 years ago | (#39570373)

Fourteen days.
That’s the minimum sentence for someone convicted of possessing child porn.
Maybe thats Kims play...

Re:Minimum sentencing (1)

CanHasDIY (1672858) | about 2 years ago | (#39570837)

Whereas the mandatory minimum sentence for a bag of pot is what, 2 years?

Nice to see we've got our priorities in order...

Re:Minimum sentencing (1)

Anonymous Coward | about 2 years ago | (#39571021)

Indeed, victimless crime A is much worse than victimless crime B.

Someone should do something.

Evil (4, Insightful)

Hatta (162192) | about 2 years ago | (#39570377)

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

Re:Evil (5, Insightful)

SecurityGuy (217807) | about 2 years ago | (#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.

Re:Evil (3, Funny)

wisnoskij (1206448) | about 2 years ago | (#39570817)

Well I am sure there is some CP on it somewhere.
Probably bestiality, pro terrorism, and lots of other good stuff as well.

Re:Evil (2)

tnk1 (899206) | about 2 years ago | (#39571017)

You know, I hate that the government usually likes to compound charges and reasons for holding your assets, but really there probably is CP on those servers. Of course, there's probably CP on Google's servers and Yahoo's servers and probably just about everywhere you might expect there to be terabytes of files accessible from the Internet that no one regularly goes through manually. That's the just way it goes. Welcome to the world of "everything is illegal".

Re:Evil (-1, Troll)

jellomizer (103300) | about 2 years ago | (#39570473)

Such an eloquent verbiage! Enlighten comments such as this is all it takes to convince society that you are an educated citizen who is qualified to diagnose the problems with our judicial system.

Re:Evil (-1)

Anonymous Coward | about 2 years ago | (#39570527)

You tried so hard to sound clever, but you forgot to proof read.

Re:Evil (1)

Hatta (162192) | about 2 years ago | (#39570835)

I could make an honest rational argument if I tried. I'm not sure the same is true for our government's lawyers.

Re:Evil (5, Insightful)

hairyfeet (841228) | about 2 years ago | (#39570717)

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?

HD MTF (1)

arthurpaliden (939626) | about 2 years ago | (#39570381)

I see a lot of hard disk crashes in the near future.

Re:HD MTF (0)

Anonymous Coward | about 2 years ago | (#39570519)

I wanna see next time the US government want some1 to host data :] Who'll want to do it :)

Christ, get me out of this shithole banana republic. -- Good thing i'm in a far far away galaxy ...

Mailboxes Etc (0)

Anonymous Coward | about 2 years ago | (#39570433)

By the same logic if someone is known to receive kiddie porn at a Mailboxes Etc shop, then the government would be justified in shutting the shop down as long as it wishes.

Re:Mailboxes Etc (1)

ZombieBraintrust (1685608) | about 2 years ago | (#39570685)

Yes, but the thing is. They would shut down the Mailboxe Etc for the investigation. If they found evidence that employees were involved it might be shut down for a long time.

Re:Mailboxes Etc (1)

Shavano (2541114) | about 2 years ago | (#39570711)

AND seizing all the mail received or sent there as "evidence."

Where is the warrant describing the things seized? Does it say anything about the data I uploaded?

Does it say anything about the data of Carpathia's other customers?

Hope and Change? (-1, Flamebait)

Anonymous Coward | about 2 years ago | (#39570435)

I hope you're enjoying your Obama Administration Justice Department, peeps. Maybe you thought you were voting for change?

Re:Hope and Change? (2)

Opportunist (166417) | about 2 years ago | (#39570727)

If elections could change anything, they'd have been outlawed ages ago. My guess is that people simply voted for the lesser evil. Which he probably even was, compared to the alternative of corpse/dud bombshell combo.

Re:Hope and Change? (2)

CanHasDIY (1672858) | about 2 years ago | (#39570857)

Right, because the previous administration was so adamant about preserving civil rights...

Back under your bridge, troll.

US worst justice system in world (0, Insightful)

Anonymous Coward | about 2 years ago | (#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.

Re:US worst justice system in world (0, Funny)

Anonymous Coward | about 2 years ago | (#39570493)

Well, of course! The UN is populated by godless communist dictators. Pretty ironic the types you see on that 'human rights' commission of theirs. Fucking farce the whole thing

Conjecture is insufficient rationale (5, Insightful)

Tommy Bologna (2431404) | about 2 years ago | (#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.

Re:Conjecture is insufficient rationale (5, Interesting)

Max Hyre (1974) | about 2 years ago | (#39570545)

The prosecutor's laptop may contain child porn, too. I vote we investigate its contents first.

Re:Conjecture is insufficient rationale (2)

Opportunist (166417) | about 2 years ago | (#39570743)

Every congresscritter's laptop may as well, I demand a search!

Hey, what? My money paid for the damn thing!

It is pretty much a certain (5, Interesting)

SmallFurryCreature (593017) | about 2 years ago | (#39570569)

BTW, Bill Gates has tons of child porn on his computers and that is a fact, in fact most Republicans host and profit from child porn and I can proof it. They all own shares in companies that index the internet and when you do that, you are going to index child porn sooner or later. With the introduction of image search and the thumbnailing of said images on servers owned by the search engine companies such as Bing, these companies have child porn and serve the images to the world. Since these companies run their search engine for profit, they profit from child porn and so does anyone who has shares in them.

By the same token, every ISP transmits child porn and every airline and postal company out there traffics in it too. Just recently a man in Hollland was arrested on a flight with childporn, since KLM did not refund his ticket, they profitted from the rape of children.

Disgusting ain't it?

Funny, that this kind of logic is never used in the US to hold gun companies responsible for gun crime. Maybe it is a clear message, pedo's just got to up their campaign donations.

Did they try the old terrorist spiel yet? Can't be far behind.

Re:It is pretty much a certain (2)

bidule (173941) | about 2 years ago | (#39570887)

BTW, Bill Gates has tons of child porn on his computers and that is a fact, in fact most Republicans host and profit from child porn and I can proof it.

Same here. Once you've printed 100s of copies to cover the walls and ceiling it's too late to fix bad registration, trapping or low-quality fonts.

Re:It is pretty much a certain (1)

nanoflower (1077145) | about 2 years ago | (#39570899)

I believe that this very argument has been used against gun companies in the past. I don't believe it actually worked but this is a slightly different situation in that the government has already taken over the servers.

Well, sort of.. If they actually had full control of the servers then they would have to pay the hosting company for the servers until such time as they release them. Instead they are abusing the hosting company by not letting them use the servers for anything else, not letting them provide them to Megaupload again (and get paid by them) and not paying for them while they are in this interim state. Depending on how much of the hosting companies business was due to Megaupload it could be putting the company at risk of going into bankruptcy even though no one believes they did anything illegal.

Re:Conjecture is insufficient rationale (0)

Anonymous Coward | about 2 years ago | (#39570617)

If a drug operation is detected at 123 Main Street, you get to secure that house, not the entire county.

Hello, Department of Homeland Security is calling and laughs outright at your outdated notions about the implications of recent terrorist laws.

Re:Conjecture is insufficient rationale (0)

Anonymous Coward | about 2 years ago | (#39570631)

The guy with the gun is only bound by conscience, not by any silly laws or regulations. The rules mean nothing.

Re:Conjecture is insufficient rationale (0)

Anonymous Coward | about 2 years ago | (#39570963)

The servers do not have child pornography on them until it has been decided so in a court of law. The pictures in question may be "owned" by people outside of the US.. and/or there may be charges pending against the uploaders of said files.

why are they not paying the landlord holding (1)

Joe_Dragon (2206452) | about 2 years ago | (#39570487)

why are they not paying the landlord for holding the servers? and don't they have the right to sell them off to recover costs or at least wipe them and then sell them off?

benefits if "cloud" storage? (5, Insightful)

Shavano (2541114) | about 2 years ago | (#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.

Re:benefits if "cloud" storage? (1)

Martz (861209) | about 2 years ago | (#39570807)

What difference does it make it it's cloud storage, rented dedicated servers or the entire datacenter is owned by the company in question?

Whichever way, with a court order, the feds come in and shutdown your shit before any form of due process has taken place.

Gathering evidence ruins the company.

Every hard drive... (0)

Anonymous Coward | about 2 years ago | (#39570551)

There isn't a single hard drive that ABSOLUTELY CANNOT contain child pornography; they are all physically capable of containing the assorted 0s and 1s.

Therefore, obviously, we must shut down everyone's hard drives.

You'll forgive me if I don't reply to any replies. I'll be preemptively shooting each of my hard drives to remove any risk of being suspected of having child pornography.

And all my CDs, DVDs, USB drives, and floppies. And I suggest you do the same.

There are Pedophiles amongst Humanity (1)

Anonymous Coward | about 2 years ago | (#39570557)

There are Pedophiles amongst Humanity. The only solution to this threat is the complete extermination of all human life.

To quote Lord of War (5, Interesting)

Nidi62 (1525137) | about 2 years ago | (#39570567)

Thank god we live in a world where suspicion alone does not constitute a crime

Well....I guess we used to. I guess it all goes out the window when it comes to "piracy".

Its been a long time since the truth mattered. (1)

drainbramage (588291) | about 2 years ago | (#39570769)

To quote Totenberg it wasn't the truth that mattered: “It's the seriousness of the charge".

You get tickled by "may" now??? (2, Interesting)

mapkinase (958129) | about 2 years ago | (#39570581)

How about the whole attitude of the governments in developed countries "to prevent" crime?

It started with the recognition of the right of the shitty Middle Eastern state called "israel" to "preventive" strikes in the 70s, then the excuse to "prevent" something is used universally and pervasively through all spheres of government/private citizen interaction.

Stupid speed limits (55mph) on highways, stupid laws on school buses, stupid TSA, the hunt for any Muslim who dares to estalblish Shariah in his own land by hand.

If you, westerners, were worth a dime of your own beliefs you would fought tooth and nail to incorporate the following article in your man-made "constitutions":

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

Re:You get tickled by "may" now??? (1)

jez9999 (618189) | about 2 years ago | (#39570911)

If you, westerners, were worth a dime of your own beliefs you would fought tooth and nail to incorporate the following article in your man-made "constitutions"

Don't lump all of us together. We'd break off and create a sane country if we could.

Re:You get tickled by "may" now??? (1)

Nidi62 (1525137) | about 2 years ago | (#39570925)

It started with the recognition of the right of the shitty Middle Eastern state called "israel" to "preventive" strikes in the 70s, then the excuse to "prevent" something is used universally and pervasively through all spheres of government/private citizen interaction.

This is off-topic, but it could be argued that Israel has been in a state of war ever since the Suez Crisis possibly, and the mid-60s certainly. Taken out of context individual attacks might be seen as "preventative", but taken as a whole they are simply one more blow on a long, protracted war. It is primarily a low-intensity conflict for sure, but it is still a war.

Re:You get tickled by "may" now??? (4, Insightful)

TheGratefulNet (143330) | about 2 years ago | (#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?

Re:You get tickled by "may" now??? (1)

Trailer Trash (60756) | about 2 years ago | (#39570975)

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

We have one better - government may not limit freedom, period.

Unfortunately, it's ignored. What's written is important, but following it is key.

Re:You get tickled by "may" now??? (0)

Anonymous Coward | about 2 years ago | (#39570979)

Oh, I think that is in the constitution of the USA. Maybe not worded like that, but the basic idea is something like that. The problem they have is the government doesn't respect the constitution, and the majority of their people are so brainwashed they actually think the constitution somehow magically protects them. Also, wth is that bs about "man-made constitutions"? Do you really think shariah is not made by men? Even if it wasn't, it wouldn't matter, because all laws and rules are imposed by the society around the one the law concerns. It doesn't matter what some dusty old books says. Ultimately biggest stick(s) rules. In the USA biggest stick is sadly moving from the hands of the states and people to the hands of corporations, army, and central government. ( ok, the army and government are made of the same people, but they are hogging power for themselves, and you should really do something to stop that. If voting isn't enough.. well, you've done it once before. )

Americans should wake up and smell the burning constitution. You can't seriously have a unchangeable document that you are supposed to follow while the world and reality around you changes.

Muslims (and other religions as well) should also wake up from their hallucinations. There is no god. Really. There isn't. Even if there is it's clearly not interested in the ways on men. That doesn't mean you should stop "believing". Believe anything you like, but think for yourself. Don't listen to bitter old men who say the others are bad and we are good and you should kill someone. You should be able to be a good and happy person without some ancient books and holy men who interpret them for you. World changes, if you are trying to use constitution, bible, or other old documents without modifying them with the times you are clearly doing it wrong.

CAPTCHA: congress

Make no mistake... (3, Insightful)

Anonymous Coward | about 2 years ago | (#39570591)

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

Why the hell... (5, Insightful)

Anonymous Coward | about 2 years ago | (#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...

Encryption against the model... (3, Informative)

nweaver (113078) | about 2 years ago | (#39570999)

Megaupload's model was not like Dropbox: it was not a storage service but an advertisement/subscription sponsored distribution service. (And it had deliberate incentives to encourage the distribution of copyrighted content and effectively ignore the takedown obligations required by the DMCA...)

Thus the files can't be encrypted binary blobs, because the point was that anyone with a URL should be able to fetch the file, so encryption wouldn't help on the storage.

Oh nosss (1)

hesaigo999ca (786966) | about 2 years ago | (#39570637)

Child p0rn, not good, that means we will be able to prosecute the US government for being in the possession of such materials....
Seriously though, this is what I do not like about these situations...the gov. takes whatever they want whenever they want with no regard for accountability
to the users of megaupload that paid for legal service and are using it legally....and the gov. ties the hands of any company dealing with this along the way....to me sounds too much like a setup , a precedent being set so they do not have to do it again with another megaupload in the future...

Did megaupload not have backups though, or all those taken too?

Facebook servers "may" contain kiddie porn (1)

tekrat (242117) | about 2 years ago | (#39570641)

Maybe we can shut down facebook to investigate? Or, when you reach a certain size, you're immune to prosecution?

Nice to see the America way of corruption and greed, lies and boogie-man politics are as alive as ever. What a crock.

Re:Facebook servers "may" contain kiddie porn (2)

ATMAvatar (648864) | about 2 years ago | (#39570819)

Maybe we can shut down facebook to investigate? Or, when you reach a certain size, you're immune to prosecution?

Actually, yes. That is precisely the case.

You should celebrate our truly objective system. Everyone knows exactly how much influence they have on government. You just tally the numbers present in the corners of your green "influence papers".

Over Simple Solution it would never happen (2)

Quick Reply (688867) | about 2 years ago | (#39570655)

Why can't users' have the fast track option where they can elect have their data verified by the FBI, by giving the Feds specific legal permission to investigate without the need for a warrant. FBI checks their account for CP and Copyright Infringement. If their account is clean, their data is given back, and then purged from Megaupload as it is no longer evidence as it has been confirmed that suspicions were false for this particular user.

    If the account has CP or infringing materials found, then the user has CHOSEN to incriminate themselves and can be among the first to have legal action taken against them (which they deserve for wasting FBI/DOJ time) and does not exclude action against MU themselves.

The FBI can put whatever terms they want in the optional agreement, including providing encryption keys, passwords, etc. but will also be balanced with special indemnity that the information recovered is to remain confidential and destroyed like an NDA if no illegal materials are found. Account holders don't have to give up their passwords/keys, they can wait out the full legal process and see what happens like anyone else if they want to.

All the legit users will probably come forward and will clear the way to concentrate on the remaining accounts, potentially freeing up some servers by consolidating all the remaining accounts' data together.

excellent... (3, Insightful)

amoeba1911 (978485) | about 2 years ago | (#39570675)

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.

Why we need to dismantle the Department of Justice (5, Informative)

MikeRT (947531) | about 2 years ago | (#39570695)

I was talking to a relative who was a federal agent from the mid 70s through the mid 90s and saw the rise of the Department of Justice to the behemoth it is today (including the DoJ take over of the FBI from top down). His perspective comes from being a Treasury special agent and he said that the DoJ has been like this for a few decades now. It's just that ever since they began to rapidly expand, they've gotten a bigger mandate and set of resources to throw their weight around. In general, they've been a total rat's nest of corruption for several decades now in a way that makes most of the other departments look like paragons of virtue.

The fact is that if you look at some of the absolutely wicked shit that comes out of them in terms of things they want to do, it is stuff that leaves you thinking "do these people literally conspire daily against the constitution?" The DoD and CIA had their problems with rendition and torture, but the DoJ takes it to a level that goes well beyond anything that has come to light about what those two actually want to do (rather than are compelled by Congress or the President). The DoJ frequently writes briefs and memos that go the other way around, letting or justifying Congress or the President do wicked shit.

...or there may not be (1)

crazyjj (2598719) | about 2 years ago | (#39570729)

But you can't prove they DON'T contain child pornography!!

Of course, you also can't prove that unicorns DON'T exist, but that's irrelevant, of course. Now, go watch American Idol or the terrorists win.

There might be WMD too! (4, Interesting)

Serpents (1831432) | about 2 years ago | (#39570757)

The us govt claims there might be child pr0n on the Megaupload servers. I remember when they had proven beyond any doubt that Iraq had weapons of mass destruction so excuse me if I'm inclined to doubt their judgement.

What about the Fed's computers? (2)

Rob Riggs (6418) | about 2 years ago | (#39570761)

The federal government's computers may contain child porn. We should seize all of them now!!

p90x dvd (-1, Offtopic)

cheapp90xdvdsale (2605509) | about 2 years ago | (#39570809)

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The US gov probably never wanted MU shutdown (0)

Anonymous Coward | about 2 years ago | (#39570829)

With an election coming up, they had to do something to avoid pissing off their biggest sponsor. They probably never expected what happened to happen and now they have a mess... All they need to do is make sure the mess isn't resolved before the next election and it's not a problem.

So obfuscating things probably seems like a really good tactic at the moment...

Try looking at the situation as if it was driven by emotion rather than logic and it makes a lot more sense.

A reasonable comparison (1)

kurisuto (165784) | about 2 years ago | (#39570875)

Suppose there was a large apartment building, and child pornography was found in one apartment. Should the government have the right to indefinitely hold the belongings of the residents of all of the other apartments in the building?

Circling (1)

jythie (914043) | about 2 years ago | (#39570907)

While I hate to admit it, the DoJ might have circled so far around crazy that they ended up back in sane, sorta. Screaming 'child porn' has become the Goodwin of law enforcement, BUT megaupload did indeed have quite a bit of the stuff, though not nearly as much as some of the other lockers since many people who were posting it wanted to make a buck and thus used ones that were heavier handed in their 'upgrade to pay' pattern and shared revenue with the poster. Oddly enough those sites are still up... so we start circling back from sane into crazy again.

Civil Suit for Slashdot Editors? (4, Informative)

Kozz (7764) | about 2 years ago | (#39571043)

Some folks just complain about spelling and grammar to be pedantic. In this case, however...

Including or omitting punctuation is really important. The headline is, "US Government: There's Child Porn On the Megaupload Servers Judge!" Think the missing comma changes the meaning?

  1. "Let's eat Grandpa!"
  2. "Let's eat, Grandpa!"

Carpathia made their bed (1)

Anonymous Coward | about 2 years ago | (#39571081)

Carpathia knew what Megaupload was, they might have believed Megaupload would be covered by DMCA protection, but other services were refusing to work with them.

If you read the indictment, for example, they mention how Google pulled adsense from them after copyright violations.

For DMCA protection you need to 'not have prior knowledge' of the infringement. Carpathia can't plausibly claim that, and so Carpathia are not an innocent party in this.

moral police (2)

slayer_ix (927649) | about 2 years ago | (#39571085)

In North America nobody is safe from the hand of the god damned moral police. People are fucked up, live with it. If they want to do something about child pornography go find the people that are making that shit. It is not a valid excuse to attack file hosting companies with, they didn't make the crap and they don't endorse it. There is a part of me that would love to see the world burn because I would rest assured that the idiots who propagate this kind of crap will be burning a bit faster than me.
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