US DOJ did not entrap Megaupload, the agency says

Megaupload's charges against the DOJ are 'baseless,' the agency says

The U.S. Department of Justice did not mislead a court and attempt to entrap file storage site Megaupload on copyright infringement charges, the agency said in a new filing in the case.

Megaupload's charges that the DOJ conspired to entrap the site on criminal copyright charges are "baseless," an official with the U.S. Attorney's Office for the Eastern District of Virginia wrote in a court document filed Friday. Earlier this month, Megaupload filed court documents saying that in 2010 the DOJ asked the site, through its hosting vendor, to keep infringing files as part of a DOJ investigation, then later charged Megaupload with copyright infringement.

But the search warrant contains no request for Megaupload to keep files, Assistant U.S. Attorney Andrew Peterson wrote in the DOJ's Friday filing. "Megaupload does not cite a single communication between the government and Megaupload or a single instruction from any member of the government to Megaupload; there are none," Peterson wrote.

The DOJ also did not mislead the district court by inserting new information into affidavits related to the Megaupload charges, as Megaupload has claimed, Peterson wrote.

Megaupload lawyer Ira Rothken pointed to a portion of the June 2010 search warrant targeting Carpathia Hosting, Megaupload's hosting provider. U.S. Immigration and Customs Enforcement (ICE) asked a judge to seal the search warrant affidavit because disclosure could "provide an opportunity to destroy evidence [and] change patterns of behavior."

The search warrant also asked Carpathia and Megaupload to assist in the copyright infringement investigation.

"The government cannot, on one hand, tell a U.S. court under penalty of perjury in seeking the cooperation of Megaupload in a search warrant they wanted to prevent evidence destruction of alleged infringing content files, and then, on the other hand, complain to a different court under penalty of perjury that Megaupload is a criminal for not destroying such files," Rothken said in an email.

After ICE asked Megaupload to cooperate in an investigation, the site was obligated to keep evidence, Rothken added.

"If the U.S. changed their mind at some point they could have written Megaupload a letter but they didn't," he added. "Instead the U.S. apparently used Megaupload's honorable compliance with the government's cooperation request to concoct a takedown of the entire Megaupload site by domain name seizure."

The DOJ, in its Friday filing, opposed Megaupload's request to file a new brief regarding its accusations that the DOJ conducted an improper search of its servers. It also opposed Megaupload's request to file a motion to unseal the search warrant materials, with the DOJ saying the materials are already unsealed.

Grant Gross covers technology and telecom policy in the U.S. government for The IDG News Service. Follow Grant on Twitter at GrantGross. Grant's e-mail address is

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags megauploadregulationNetworkingpeer-to-peerAndrew PetersoninternetCarpathia HostingCriminalU.S. Immigration and Customs Enforcementintellectual propertycopyrightIra RothkenlegalMusic and audiogovernmentvideoU.S. Department of JusticeInternet-based applications and services

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Grant Gross

IDG News Service
Show Comments

Cool Tech

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

D-Link TAIPAN AC3200 Ultra Wi-Fi Modem Router (DSL-4320L)

Learn more >

ASUS ROG Swift PG279Q – Reign beyond virtual world

Learn more >

D-Link PowerLine AV2 2000 Gigabit Network Kit

Learn more >

Crucial® BX200 SATA 2.5” 7mm (with 9.5mm adapter) Internal Solid State Drive

Learn more >

Gadgets & Things


Learn more >

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

Lexar Professional 2000x SDHC™/SDXC™ UHS-II cards

Learn more >

Family Friendly

ASUS VivoPC VM62 - Incredibly Powerful, Unbelievably Small

Learn more >

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

Lexar Professional 2000x SDHC™/SDXC™ UHS-II cards

Learn more >

Stocking Stuffer

Lexar Professional 2000x SDHC™/SDXC™ UHS-II cards

Learn more >

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Best Deals on Good Gear Guide

Latest News Articles


GGG Evaluation Team

Kathy Cassidy


First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni


For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell


The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi


The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott


My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.


Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?