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Canadian Court Rejects US Demand For Full Access To Megaupload Servers 95

Posted by Unknown Lamer
from the prepare-the-invasion-fleet dept.
An anonymous reader writes "Nearly one year ago, the U.S. government launched a global takedown of Megaupload.com, with arrests of the leading executives in New Zealand and the execution of search warrants in nine countries. Canada was among the list of participating countries as the action included seizure of Megaupload.com servers. Last week, a Canadian court rejected a request to send mirror-imaged copies of 32 computer servers to authorities in the U.S., indicating that a more refined order is needed. Megaupload successfully argued 'that there is an enormous volume of information on the servers and that sending mirror image copies of all of this data would be overly broad, particularly in light of the scantiness of the evidence connecting these servers to the crimes alleged by the American prosecutors.'"
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Canadian Court Rejects US Demand For Full Access To Megaupload Servers

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  • by schneidafunk (795759) on Wednesday January 16, 2013 @11:59AM (#42604235)
    What is the official reason for requesting the data anyway? Kim is being prosecuted and the site is down.
    • by schneidafunk (795759) on Wednesday January 16, 2013 @12:04PM (#42604311)
      Sorry, the reason is: "[6] The American prosecutors allege that individuals and the Respondent Megaupload Ltd. were parties to an offence of criminal infringement of copyright, conspiracy to infringe copyright, money laundering and racketeering. The allegation is that Megaupload Ltd. facilitated wrongful dissemination of copyright protected material such as movies and music."

      However, Kim already successfully fought off extradition to the U.S., so how are these computers helpful?
      • by Anonymous Coward

        They hope to get lucky and find more illegal files so they can charge Kim with hosting them as well and go for extradition on new, tougher charges. Obviously.

        • They hope to get lucky and find more illegal files so they can charge Kim with hosting them as well and go for extradition on new, tougher charges. Obviously.

          Or maybe they're thinking of going after users.

        • Maybe try to extradite Kim to Canada first, because New Zealand is being "difficult" about extraditing him directly to the US.

          • by Tsingi (870990)

            What makes you think that Canada would be more likely to extradite him?

            If there isn't enough evidence to turn over server data there likely isn't enough evidence to arrest him and send him to a country with draconian laws.

      • by inamorty (1227366)

        However, Kim already successfully fought off extradition to the U.S.

        When exactly did this happen? The hearing hasn't even taken place yet. [arstechnica.com]

      • by sjames (1099)

        Prosecutors hoping for some free porn for themselves and some free Disney movies for the kids?

      • Re: (Score:2, Interesting)

        by Anonymous Coward

        He is actually still fighting the extradition process in New Zealand.
        It has however been established under NZ law the raid on his home was illegal, the taking of the servers and sending them to the US was illegal, the spying on him by a NZ government agency at the request of the US was illegal.

        That may see the NZ government liable for millions in compensation, even to the point of loss of income for his business and it may make any evidence against him inadmissible and thus the extradition turned down.

    • by CCarrot (1562079) on Wednesday January 16, 2013 @12:55PM (#42605143)

      What is the official reason for requesting the data anyway? Kim is being prosecuted and the site is down.

      Nosiness.

  • by Anonymous Coward on Wednesday January 16, 2013 @12:03PM (#42604301)

    This makes up for your frozen desolate wasteland of a climate for refusing to allow my car to start.

    Since I'm stuck home for the day, I think I'll download a movie. ;)

  • by idontgno (624372) on Wednesday January 16, 2013 @12:10PM (#42604421) Journal
    Canada continues to appear in the United States' Trade Representative "Special 301 [wikipedia.org]" report as a "Priority Watch Foreign Nation", under active suspicion of not supporting US intellectual property regimes, having inadequate intellectual property laws, and also not being "a team player".
    • by Anonymous Coward on Wednesday January 16, 2013 @12:25PM (#42604661)

      Just saying... [wikinews.org]

    • by Anonymous Coward on Wednesday January 16, 2013 @12:35PM (#42604825)

      And not often mentioned is the role Harper's lot played in getting the Canada on that list.... thanks to Wikileaks we can see the coordination between Harper and the US.

      http://www.michaelgeist.ca/content/view/5986/135/

      Industry Minister Tony Clement’s policy director asked U.S. officials to add Canada to their Special 301 Priority Watch List. See, they have an agenda, they ask Canada to be put on the list, then they can use the presence of Canada on the list as an excuse to enact a lot of nasty IP laws they wanted to do anyway. Cute huh?

      • by tlhIngan (30335)

        And not often mentioned is the role Harper's lot played in getting the Canada on that list.... thanks to Wikileaks we can see the coordination between Harper and the US.

        http://www.michaelgeist.ca/content/view/5986/135/ [michaelgeist.ca]

        Industry Minister Tony Clementâ(TM)s policy director asked U.S. officials to add Canada to their Special 301 Priority Watch List. See, they have an agenda, they ask Canada to be put on the list, then they can use the presence of Canada on the list as an excuse to enact a lot of nasty IP l

    • by gstoddart (321705) on Wednesday January 16, 2013 @12:36PM (#42604855) Homepage

      "The Government is disappointed with the United States' decision to include Canada in its [year here] Special 301 "Watch List." Canada does not recognize the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the U.S. in our bilateral discussions."

      "In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It's driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts."

      Unless policy has changed, that watch list is largely regarded [michaelgeist.ca] as being mostly about special interest groups with no good basis.

      Sorry, but that is a wish list written by industry of the pony they want to be given. It's all about them getting the most draconian, invasive measures they can find.

      It isn't an objective document in any way at all, and only the US pretends it is.

    • by Jmc23 (2353706)
      Yay Canada. You know you're doing something right when the world love's you and you constantly thwart US stupidity.

      Unfortunately, political apathy is destroying our environment, and greed and debt are eradicating the values that made us proud in the past. :(

      • by Phrogman (80473)

        Oh we are leading the way in political apathy with regards to the environment as well! Prime Minister Harper doesn't believe in environmentalism and is doing his best to eradicate all environmental groups in Canada, pass laws that remove environmental protection from 95% of Canada's waterways, and push through massive pipeline projects despite citizen's concerns or the objections of the indigenous peoples who live on the lands those pipes will cross.
        If there is a way to fuck up the world's environment, sell

        • by Jmc23 (2353706)
          Please don't put misinformation like removing environmental protections from waterways into your rants. Using lies to get a reaction just increases apathy, as it becomes a stupid play ground battle like all of canadian politics.

          The truth will set you free, spreading lies and disinformation will get you nowhere. I can't even bother to check whether any of your other claims are true, and why bother, you've already lied.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      You know, if the US weren't so actively and obviously trying to make enemies all over the world, maybe they wouldn't have so many of them.

    • by Anonymous Coward on Wednesday January 16, 2013 @12:58PM (#42605193)

      about 15 years ago canada wanted to decriminalize marijuana. the americans threatened canada with sanctions and closing the most open border in the world, and accused canada of "not being a team player". Funny how a country that claims to be most democratic and free country in the world uses dictatorial tactics when it comes to other countries right to decide what they want for themselves.What is so infuriating and hypocritical is that today america has at least 15 states which have basically legalized marijuana, where u dont have to go to a "drug pusher" to buy pot. And now canada has a conservative gov. that wont even consider decriminalization.

      • by HiThere (15173)

        Well, there's often a big difference between what is claimed and what is real.

  • by CanadianRealist (1258974) on Wednesday January 16, 2013 @12:11PM (#42604431)

    I'm just waiting for the declaration from the US that Canada has joined the "axis of evil".

    OMG, we* have a nuclear program! And oil!
    * see username

    • by arth1 (260657)

      CanadianRealist (1258974) wrote:

      OMG, we* have a nuclear program! And oil!
      * see username

      What does the G in OMG stand for if you're a Canadian realist? Geese?

      • It mean "World Canadian Bureau!"
      • You need to read more about Canadian mythology. It means Oh My Gockey.

        Gockey being the ancient deity that gave up his immortality to become the holiest game: Hockey.

        • by H0p313ss (811249)

          You need to read more about Canadian mythology. It means Oh My Gockey.

          Gockey being the ancient deity that gave up his immortality to become the holiest game: Hockey.

          My favorite Gockey story is the part about Tim Horton building the CN tower eh?

          • Something may have got lost in translation, it's only part of Tim Horton that built the CN Tower. It was also less building than it was being.

            • by H0p313ss (811249)

              Something may have got lost in translation, it's only part of Tim Horton that built the CN Tower. It was also less building than it was being.

              Revisionist!

        • by dkleinsc (563838)

          Oh yeah, I love Canadian mythology:
          "And then the Mountie did gaze upon the loon, and having sneaketh upon it, slit its throat with a knife, which stained his furs red. He then returneth to Moose Jaw, where the onlookers decreed that from this day forth all Mounties would wear red shirts. And in honor of the loon, which hath given its life for this great marker, all currency would bear its visage as the Mountie saw it."

      • by Zephyn (415698)

        CanadianRealist (1258974) wrote:

        OMG, we* have a nuclear program! And oil!
        * see username

        What does the G in OMG stand for if you're a Canadian realist? Geese?

        Goaltender.

      • Overhead Migrating Geese, obviously.

      • by CanadianRealist (1258974) on Wednesday January 16, 2013 @12:31PM (#42604761)

        The G stands for Goodness, you know what nice people we are.

        And in this case goodness as in not just bowing to the US who are bowing to their corporate overlords.

      • by Anonymous Coward

        CanadianRealist (1258974) wrote:

        OMG, we* have a nuclear program! And oil!
        * see username

        What does the G in OMG stand for if you're a Canadian realist? Geese?

        I would think it stands for "Oh My Gosh".

      • by gstoddart (321705)

        What does the G in OMG stand for if you're a Canadian realist?

        What does it stand for if you're an American or a British realist? It's the same thing.

        • by arth1 (260657)

          What does it stand for if you're an American or a British realist? It's the same thing.

          US: Oh my Georgia
          GB: Oh my Guernsey
          Canada: Oh my ... Guelph?

    • by sribe (304414)

      I'm just waiting for the declaration from the US that Canada has joined the "axis of evil".

      That'll never happen. You're too close; we'll just annex you ;-)

      • Already tried and failed.
      • by Minwee (522556)

        That'll never happen. You're too close; we'll just annex you ;-)

        It's too late for that. Just look at how many Tim Horton's have popped up inside what used to be the north-eastern USA.

        Canada has been annexing the USA bit by bit for years, and the only weapons they needed to do it were Tim-bits and the fearsome Double-Double.

        • by sribe (304414)

          Canada has been annexing the USA bit by bit for years, and the only weapons they needed to do it were Tim-bits and the fearsome Double-Double.

          So I guess WWIII will start when the Canadian invasion collides with the Mexican invasion in the middle?

  • by Anonymous Coward on Wednesday January 16, 2013 @12:19PM (#42604565)

    Search and seizure needs to be for a specific item or copyright. You just can't say I want the hard drive because we think there is something on it. Now if it was deemed a proceeds of crime then anything can be taken.

  • by danbuter (2019760) on Wednesday January 16, 2013 @01:02PM (#42605253)
    I love living in the US, but our government has been on a massive powertrip for decades now. It really needs to be reigned in.
    • Unfortunately, the only way the world will reign the US in is:

      1) World war 3, which would be a massive clusterfuck that probably annihilates the human race.
      2) We wait until, like Rome before it, the empire collapses under its own weight.

      So far, it looks like we are going with 2, and the financial collapse of the last few years might be the beginning. Unfortunately the US will take the rest of the world with it, so we'll end up in a clusterfuck anyway, but at least it will be slower and less violent (at leas

      • by citizenr (871508)

        Unfortunately, the only way the world will reign the US in is:

        1) World war 3, which would be a massive clusterfuck that probably annihilates the human race.
        2) We wait until, like Rome before it, the empire collapses under its own weight.

        3) Civil war.

        • I would file civil war under 2). Like Rome, empires usually collapse into bickering sides, which can result in a civil war destroying what is left of said empire.

          However I don't have my ear close to the US ground, so I really don't know how likely a civil war is to break out before a collapse.

          From what I see, there is a lot of noise on one side, yet very little action. While the other side is doing everything it can to restrict the ability to stage an armed revolt (be it via weapon controls, security checkp

    • by ahodgson (74077)

      By who? Both parties are perfectly happy with the power trip.

  • by Maow (620678) on Wednesday January 16, 2013 @01:13PM (#42605419) Journal

    During these past few years, the Canadian court system has been a bit of a light at the end of a long, dark tunnel with regards to this and striking down draconian laws instituted at the federal level.

    Just in the past week (part of) the legislation regarding human smuggling was struck down in BC (giving aid to someone attempting to illegally enter the country could be construed as giving legal advice, or even coffee); mandatory sentencing for a guy in Surrey with no priors, but caught with a loaded Glock in a public place also struck down (an unreasonable gap between levels of sentencing, IIRC).

    Now if they could just pick up the pace on the election fraud case(s) being heard; we cannot allow these ones to be unresolved through the next election, like the last one involving the Conservative Party of Canada (In & Out scandal).

    Well, that turned into more of a rant than I expected.

    TL;DR hooray for the Canadian courts.

  • by erp_consultant (2614861) on Wednesday January 16, 2013 @02:14PM (#42606319)

    This is how the US authorities go after everything - with massive, overwhelming, completely unnecessary force. Ever see the video of the invasion of Kim's compound? You'd think they were invading a small nation with that army of agents. It's like those cop shows on tv where they burst into some guys house - 10 or 20 or them, armed to the teeth - and all you see is some redneck standing there with no shirt and unarmed.

    It's looking more and more to me like the US authorities had a pretty flimsy case with improper search warrants. Now they are trying to get everything they can, thus the "mirror" request. But the Canadian authorities have stuck a finger in the eye of the American justice machine by refusing to just hand over the contents of the entire server, not just what Kim is accused of being involved with.

    My prediction is that not only will Kim not get extradited to the US, his lawyers will find a way to get him off the charges. Of course, it will cost him several years of his life and several million dollars. The US government, on the other hand, has virtually unlimited resources (thanks to the taxpayer). Backed up by the greedy Hollywood producers they will continue their campaign of harassment.

    • by DinDaddy (1168147)

      This is how the US authorities go after everything - with massive, overwhelming, completely unnecessary force. Ever see the video of the invasion of Kim's compound?

      Except that was the New Zealand authorities. Acting at the insistence and direction of US authorities to be sure, though.

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