09 January 2013

Megaupload says US Government Misled Court on Core Evidence in Domain Seizures

Why domain seizures without full due process should be illegal--

Rothken Law Firm - Techfirm.com - Megaupload Case Updates - Megaupload argues in Supplemental Brief that Government Misled Court on Core Evidence in Domain Seizures: "Megaupload submitted to the United States Federal Court in Virginia today a legal brief arguing to the Court that the DOJ's core evidence submitted under seal in the secret domain name seizure process was misleading and asked the Court for a remedy. In the brief Megaupload argued that: This Court recently ordered the unsealing of the documents previously submitted by the United States to support taking down the Megaupload cloud storage site by seizing the domain name(s) --- such unsealing lays bare a crucial omission the Government made to the Court in the secret process. Specifically, the Government’s affidavits underpinning the warrants omitted critical, exculpatory information regarding whether, why and how Megaupload knew it was hosting criminally infringing files. . . This snippet—which appears in each relevant affidavit and is the only direct, corroborated evidence the Government purports to offer as proof that Megaupload had requisite knowledge—suggests that Megaupload was warned of its potentially criminal complicity yet persisted in hosting the files without concern for their illegal content. The affidavits, in short, paint Megaupload as a brazen scofflaw. The truth, as the Government well knows, is quite different. . . The Government selectively parsed its account so as to exclude critical facts that negate any notion that Megaupload had criminal mens rea to retain the infringing files. . . . "

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