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Megaupload fights to get users’ data back

Wants in on court case
Wed Oct 31 2012, 09:39

LAWYERS WORKING FOR Kim Dotcom's Megaupload want in on a court case that would hold the US government responsible for returning data to locked out users.

Ira Rothken's law firm has filed a brief that requests permission to join a lawsuit brought by an individual named Kyle Goodwin.

Goodwin already has the backing of the Electronic Frontier Foundation (EFF), and this week he filed papers asking the court to unseal information about the US government searches that separated him from his documents.

The EFF said that the case will reveal more information about the methods used in the searches of Megaupload and the third parties involved, and could give users back access to their data.

"In the past, courts have required the government, when executing digital searches and seizures, to be mindful of and segregate third-party data to protect privacy concerns. We think the same principles should apply to protect property concerns as well. More and more people use the cloud to store their digital property everyday," said EFF staff attorney Julie Samuels in a blog post.

"To help ensure intellectual property enforcement doesn't undermine that growth, the government should implement commonsense procedures to protect cloud storage users who may get caught in the crossfire. The government failed to do so in this case. The court should require it to do better, now and in the future."

Rothken and his team want in on the action because they think they can help. However, despite Megaupload being at the core of the case they have had to file a request for special permission.

That request is based on three things, that Megaupload's criminal defence needs to know about data preservation and customer access, that it is the expert here, and that if anyone is going to be restoring users' access to their data, it should be doing that.

"Megaupload has a substantial interest in ensuring that the servers are brought back online and the data is subsequently retrieved in a manner that preserves the corpus of data and metadata so that relevant evidence is available for use in Megaupload's criminal defense, as well as in the civil litigation that has been separately brought before this Court against Megaupload," it said in a statement. µ


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