THE ELECTRONIC FRONTIER FOUNDATION (EFF) has returned to the case that it started in 2012 in a bid to reunite a Megaupload raid victim with work materials and other files.
Kyle Goodwin is the victim, and it has been so long since he has seen those documents that he probably really needs to be reunited with them. The EFF says that the case has hit a logjam and is asking for the appeals court to call it a day and force the release of the Megaupload assets seized during the search.
"Mr. Goodwin, and many others, used Megaupload to store legal files, and we've been asking the court for help since 2012. It's deeply unfair for him to still be in limbo after all this time," said EFF Senior Staff Attorney Mitch Stoltz. "The legal system must step in and create a pathway for law-abiding users to get their data back."
We reported in April 2012 that the case was close to closing, and even the EFF thought it was too. Nothing came of that though, except perhaps new shoes for lawyers, and we find ourselves pretty much where we were in 2012.
"The court can help make Mr. Goodwin - an innocent party here - whole again," said EFF staff attorney Julie Samuels, back then.
"With government seizures growing, we're likely to see more and more cases like this, where lawful customers of a cloud service lose property in a federal copyright case. We're hoping the court will set an important precedent to protect users from overzealous government agents."
Well the court failed the people, it failed Goodwin and it let down the EFF which has been forced into reminding the United States Court of Appeals for the Fourth Circuit that this sort of thing matters. So it has sent them a petition that asks them to make a order to makes the stored data accessible to its owners.
"We're likely to see even more cases like this as cloud computing becomes increasingly popular," said EFF legal director Corynne McSherry.
"If the government takes over your bank, it doesn't get to keep the family jewels you stored in the vault. There's a process for you to get your stuff back, and you have a right to the same protection for your data."
Indeed so. µ
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