[148651] in North American Network Operators' Group
Re: Megaupload.com seized
daemon@ATHENA.MIT.EDU (Steven Bellovin)
Thu Jan 19 22:20:30 2012
From: Steven Bellovin <smb@cs.columbia.edu>
In-Reply-To: <CAArzuou7hfmD3npmVmkRWqi1nGXtS0+m64q+a9Qn2suiyvghnA@mail.gmail.com>
Date: Thu, 19 Jan 2012 22:19:34 -0500
To: Suresh Ramasubramanian <ops.lists@gmail.com>
Cc: NANOG <nanog@nanog.org>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
On Jan 19, 2012, at 10:07 PM, Suresh Ramasubramanian wrote:
> I would agree. They've dotted every i and crossed every t here.
>=20
> This will inevitably be followed by a prosecution of some sort and/or
> there's also scope for Megaupload to sue the USG for restitution.
>=20
> It'll be interesting to see how this pans out - especially wrt any
> safe harbor provisions in the DMCA for providers (which do have a
> provision for due diligence being exercised etc).
Note this from the NY Times article:
The Megaupload case is unusual, said Orin S. Kerr, a law =
professor=20
at George Washington University, in that federal prosecutors =
obtained=20
the private e-mails of Megaupload=92s operators in an effort to =
show they=20
were operating in bad faith.
"The government hopes to use their private words against them," =
Mr. Kerr=20
said. "This should scare the owners and operators of similar =
sites."
And see 17 USC 512(c)(1)(A) =
(http://www.law.cornell.edu/uscode/17/512.html)
for why that's significant.
--Steve Bellovin, https://www.cs.columbia.edu/~smb
