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 grant_gross@idg.com.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

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

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

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Matthew Stivala

HP OfficeJet 250 Mobile Printer

The HP OfficeJet 250 Mobile Printer is a great device that fits perfectly into my fast paced and mobile lifestyle. My first impression of the printer itself was how incredibly compact and sleek the device was.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?