NNSquad - Network Neutrality Squad
[ NNSquad ] The Megaupload Mega-Mess: When Innocents Are Crushed
The Megaupload Mega-Mess: When Innocents Are Crushed
http://lauren.vortex.com/archive/000933.html
By now you no doubt are aware of the massive (and probably
unprecedented in terms of Internet scope) international seizure by the
U.S. of the Megaupload file sharing service and many of its principal
characters. Word is that famed attorney Robert Bennett will be
representing the Megaupload defendants.
The scale of the operation -- with agents swooping in like ninjas --
and the way the various governments involved are touting the results,
seem more in line with the plot for the James Bond film
"Goldfinger" than a copyright enforcement action. But as far as
I know, there weren't nuclear bombs ticking away in the Megaupload
data centers, set to explode and make everyone's data radioactive.
But for innocent users of Megaupload, including vast numbers of paying
users who have been using the site for completely legitimate file
transfer purposes, their data might as well be radioactive now, or
simply "blown to bits" in a mushroom cloud.
Because despite the fact that Megaupload seems to now be in
"Whac-A-Mole" mode, popping up and vanishing under various IP
addresses, for most users their data has effectively been sucked into
the Roach Motel, past the event horizon into a black hole of
government evidence and assets forfeitures.
Let's be clear -- there does appear to be plenty of evidence that the
operators of Megaupload were indeed engaged in a criminal enterprise
at some level, that made a lot of money based on copyright
infringements.
To the extent that this is true, they and any users who knowingly
participated in their scheme deserve to be punished, but with all due
process rigorously observed.
But what of the innocent users of Megaupload? Where is their due
process in this game of international data seizures?
There is something extremely disquieting in this picture of
governments (especially when reaching into other countries)
preemptively shutting down Internet services on which law-abiding
persons depend.
The U.S. government in particular has become extremely enamored of
seizing assets prior to trial, and in some cases not returning them
intact to users in the case of their being found innocent. Auctioning
off such seizures has become a tidy little profit center.
This behavior can be viewed as problematic on its face when innocents
are involved, but the extension of this sort of logic to the Internet
world and cloud-based data storage services could be catastrophic.
One analogy is the safe deposit boxes in a bank. There are certainly
cases where the government seizes specific boxes, or states sell off
the content of "abandoned" boxes (both controversial issues, I should
add).
But the Megaupload case is more akin to the government seizing every
safe deposit box in a bank because the bank owners (and possibly some
percentage of the safe deposit box users) were simply accused -- not
yet convicted -- of engaging in a crime.
What of the little old lady with her life savings in her box, or the
person who needs to access important documents, all legitimate, all
honest, no crimes of any sort involved.
They are -- to use the vernacular -- screwed.
Whether or not the legitimate users of Megaupload ever get their data
back (possibly after it has all been rifled for goodies by various
governments), it's clear that honest users who have depended on
Megaupload are being seriously injured right now by this sort of
government action, which seemingly equates impounding a stolen car
with shutting off access to vast quantities of non-infringing users'
data, without obvious recourse for those users.
While acknowledging the government's legitimate interest in taking
action against specific large-scale copyright violations, the
requirements of due process and in particular the protection of
innocent parties must have priority.
You don't arrest everyone at a football game because a wanted criminal
may be among the crowd. At least, not unless you're attempting to
channel the old East German "Stasi" secret police sensibilities.
Our ability to confidently use the ever expanding array of important
and useful cloud-based data services of all kinds rests on the
assumption that our data will be safe from government overreaching and
intrusions into the affairs of law-abiding citizens and their
property -- including their data stored on remote Internet servers.
Otherwise, we may find ourselves figuratively in much the same
position as 007, strapped to a table with a laser beam moving
inexorably up between our legs, wondering if our next data transfer
may be our last.
"Do you expect me to talk?"
"No, Mr. Bond. I expect your data to DIE!"
As Shakespeare wrote, "the most unkindest cut of all."
We must do better than that.
--Lauren--
Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren
Co-Founder: People For Internet Responsibility: http://www.pfir.org
Founder:
- Network Neutrality Squad: http://www.nnsquad.org
- Global Coalition for Transparent Internet Performance: http://www.gctip.org
- PRIVACY Forum: http://www.vortex.com
Member: ACM Committee on Computers and Public Policy
Blog: http://lauren.vortex.com
Google+: http://vortex.com/g+lauren
Twitter: https://twitter.com/laurenweinstein
Tel: +1 (818) 225-2800 / Skype: vortex.com
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