Megaupload "Planted Evidence"� Claim is an Unfounded Conspiracy Theory, U.S. Says

[nsane.forums]

The Department of Justice has responded to Megaupload’s claims that they “planted” evidence and tried to mislead the court. According to United States Attorney Neil MacBride these allegations are “sensationalist rhetoric” and a “conspiracy theory.” The Government says it never asked Kim Dotcom’s file-hosting service to preserve any infringing files, and asks the court to deny Megaupload’s request to be heard on the matter.

Early January Megaupload filed a motion claiming the U.S. Government deliberately misled the court.

When the U.S. Government applied for the search warrants against Megaupload last year it told the court that they had warned Megaupload in 2010 that it was hosting infringing files.

Through its hosting company Megaupload was informed about a criminal search warrant in an unrelated case where the Government requested information on 39 infringing files stored by the file-hosting service.

At the time Megaupload cooperated with this request and handed over details on the uploaders. The files were kept online as Megaupload believed it was not to touch any of the evidence. However, a year later this inaction is being used by the U.S. Government to claim that Megaupload was negligent, leaving out much of the context.

According to Megaupload this course of action was misleading and the company now wants to address the matter through a so-called Frank’s hearing.

However, in a new filing yesterday the U.S. Government asks the court to deny Megaupload’s request. According to United States Attorney Neil MacBride it would allow Megaupload to circumvent the Federal Rules of Criminal Procedure.

The United States Attorney further refutes Megaupload’s “planted evidence” allegations, saying that they’re an unfounded conspiracy theory, and certainly not enough to grant a hearing.

“Megaupload has supplied nothing but a conspiracy theory; this is not enough,” the U.S. writes.

“Because Megaupload’s claims are insufficient as a matter of law to authorize its intervention in this matter, Megaupload has wrapped them in layers of sensationalist rhetoric. However, Megaupload’s claims regarding government misconduct are unfounded.”

The Government argues that it never asked Megaupload to preserve any of files that were under investigation in the NinjaVideo case.

“The government made no preservation request, and the government is not aware that the service of a search warrant creates an obligation on the part of the recipient of a search warrant to preserve infringing content on a computer in a way that continues to make it available for illegal download.”

Megaupload’s argument that they didn’t want to disable access to the files, because this could alert the targets of the investigation, is also weak according to the U.S. – especially when Megaupload regularly disabled access to infringing links.

“If this [removing links] practice was common, it would not necessarily be alerting. Megaupload also, when removing infringing content, did not as a practice inform customers that their content had been removed. It is also unlikely that any Court would interpret a sealing order to require the continued distribution of infringing content,” the U.S. writes.

The U.S. basically says they did not specifically request that the files should remain intact, or be removed.

Dotcom’s lawyers may not contest this specific language, but find it misleading that the Government did not mention Megaupload’s full cooperation in the indictment or the search warrants. Instead, the U.S. uses the fact that the files were not deleted as an example of criminal behavior.

The U.S., however, believes that is was not necessary to provide the complete context.

“Megaupload’s theory that the government misled the Court by omitting a discussion of the June 24, 2010 search warrant misstates the relevant law. An affiant does not need to include every potentially relevant fact in a seizure warrant affidavit,” the U.S. writes.

The above, leads the Government to conclude that Megaupload should be denied a hearing on the matter.

However, United States Attorney Neil MacBride does not object to a Megaupload representative being heard as a witness in the hearing that’s scheduled for Megaupload user Kyle Goodwin, the reporter who is trying to gain access to his lost files.

“Though Megaupload’s claims are false, nothing prevents Kyle Goodwin from asserting them. If Mr. Goodwin wants to develop a factual basis for his claim, and the Court allows the live testimony, Mr. Goodwin could call a representative from Megaupload as a witness.”

The court now has to decide what action is appropriate here.

This upcoming decision may become crucial for the ongoing criminal proceedings. If the hearing is granted and the warrants are declared unlawful, as happened earlier in New Zealand, then Kim Dotcom and his fellow defendants will be at a significant advantage.

View: Original Article

[RadioActive]

Says the US government. So it must be true! (extremely sarcastic).

[Ambrocious]

Questioning known liars has become a "conspiracy theory". Pretty soon questioning REALITY will be a conspiracy theory, the reason for this is because as things progressively grow more and more unstable world wide; lies about what the government is doing will be so extreme that "yes" will mean "no" and "no" will mean "yes". A reversal in truth will be their system by default, and that system is nearly all but put in place in the United States of America.

Im considering getting the hell out of here before the SHTF.

[xpmule]

by doing this they are saying they had no connection to that incident through that 3rd party..

if KDC can get the 3rd party to testify for him he would be looking good.

I find it hard to believe that KDC made up this story long ago, i believe him.

The FBI get caught red handed acting like morons and are lying through their teeth to back it up simple as that !

(I've seen this exact part of the story come up in the news a lot so i'm familiar with this small part of the big story)

[dcs18]

I don't give a sh!t for either Megaupload or the the US government - I just want control of my files, back (never mind the fact that I have multiple distributed backups intact.)

[Mortal]

Questioning known liars has become a "conspiracy theory". Pretty soon questioning REALITY will be a conspiracy theory, the reason for this is because as things progressively grow more and more unstable world wide; lies about what the government is doing will be so extreme that "yes" will mean "no" and "no" will mean "yes". A reversal in truth will be their system by default, and that system is nearly all but put in place in the United States of America.

Im considering getting the hell out of here before the SHTF.

Just curious Ambrocious - where would you go? Would you go to some third-world country in the midst of political upheaval or someplace goverened by radical ("fundamentalist") Islamic law? I know you're against what you believe the United States government represents but I think you're picking the wrong fight. The are plenty of places that are much worse off than the United States that could truly use your help.

I admire your conviction and dedication, I truly do - I just think it's a litte misguided and you could do a lot more to help people if you re-focused your energy elsewhere.

[Ambrocious]

Questioning known liars has become a "conspiracy theory". Pretty soon questioning REALITY will be a conspiracy theory, the reason for this is because as things progressively grow more and more unstable world wide; lies about what the government is doing will be so extreme that "yes" will mean "no" and "no" will mean "yes". A reversal in truth will be their system by default, and that system is nearly all but put in place in the United States of America.

Im considering getting the hell out of here before the SHTF.

Just curious Ambrocious - where would you go? Would you go to some third-world country in the midst of political upheaval or someplace goverened by radical ("fundamentalist") Islamic law? I know you're against what you believe the United States government represents but I think you're picking the wrong fight. The are plenty of places that are much worse off than the United States that could truly use your help.

I admire your conviction and dedication, I truly do - I just think it's a litte misguided and you could do a lot more to help people if you re-focused your energy elsewhere.

Your right for the most part, I was thinking Canada MIGHT be an OK place but I'm not sure really. Maybe I'll just hunker down for what is to come....I don't have enough money to leave and I'm too ignorant about cultures elsewhere to make it....crap.

I'd like you to expand on what you mean about me being misled, I'm fascinated in understanding what you mean by that. I know that I don't have all the right answers but I know for sure that something big is on it's way and it's not something big in a good way. The only way that I see this as being good is that people will be able to see the government actually DO THESE THINGS (begin to invade cities, arresting people by the masses, tyranny 2.0) and THEN, finally they will see that all of this is not a conspiracy theory.

Those who own guns will be made to look like "home grown terrorism" and all of the mindless victims who bought into the government and all of it's "nice sounding" promises will cheer when we are hauled away and thrown into jails. Once the jails and prisons are full, then they will begin to place us into modern day concentration camps (re-education camps) to retrain our minds and to make us believe that what we formally believed was a lie and wrong.

This is no joke. If we don't stand up now and speak out about this and make people know this is real, it's just over. That's all she wrote. America will be over. Unless people know about it all, we wont have a chance. I consider that many "new things" will be placed on the battlefield that haven't been seen yet which will be used to get the job done. New weapons will probably be used against us; as a way of dominating the war of course!

No matter what you think, go listen to Alex Jones for a while and see what he's all about. Don't just listen for a little while, listen for a couple of days and you will get an idea about what Alex Jones does when it comes to getting important information. This isn't a conspiracy theory, it's real: http://www.infowars.com/stream.pls

[Mortal]

Your right for the most part, I was thinking Canada MIGHT be an OK place but I'm not sure really. Maybe I'll just hunker down for what is to come....I don't have enough money to leave and I'm too ignorant about cultures elsewhere to make it....crap.

I'd like you to expand on what you mean about me being misled, I'm fascinated in understanding what you mean by that. I know that I don't have all the right answers but I know for sure that something big is on it's way and it's not something big in a good way.

My point is that there are wars, famine, poverty, class systems, discrimination and genocides all around the world both now and in recent history. Why battle some namesless, faceless villians when there are issues in plain sight? There's no doubt you're dedicated and your heart seems to lie in the right place - but why not fight a war that you can see? Take care of the issues at hand first, then worry about what might be.

Even if what Alex Jones predicts is right it still leaves us in better standing than some of these other places around the world. Fight the fights you can see and win first, then worry about the other stuff. You're dedicated and you don't lack conviction but there are other, more pressing causes that could use your help first.

[Ambrocious]

Your right for the most part, I was thinking Canada MIGHT be an OK place but I'm not sure really. Maybe I'll just hunker down for what is to come....I don't have enough money to leave and I'm too ignorant about cultures elsewhere to make it....crap.

I'd like you to expand on what you mean about me being misled, I'm fascinated in understanding what you mean by that. I know that I don't have all the right answers but I know for sure that something big is on it's way and it's not something big in a good way.

My point is that there are wars, famine, poverty, class systems, discrimination and genocides all around the world both now and in recent history. Why battle some namesless, faceless villians when there are issues in plain sight? There's no doubt you're dedicated and your heart seems to lie in the right place - but why not fight a war that you can see? Take care of the issues at hand first, then worry about what might be.

Even if what Alex Jones predicts is right it still leaves us in better standing than some of these other places around the world. Fight the fights you can see and win first, then worry about the other stuff. You're dedicated and you don't lack conviction but there are other, more pressing causes that could use your help first.

Very true, it becomes easy to focus on whats going to happen that sometimes we all can get unfocused on whats happening right now. Good points and thanks for that helpful feedback. I often times wonder if I did enough...to inform the people of stuff that a lot of people just wont hear until it's too late. By then however, it's often FAR too late. I think the reason I focus in on the future is because I plan on being removed from it (I can't see myself alive in a world of absolute tyranny and corruption) by continual resistance to this takeover that has happened and CONTINUES to happen.

Little by little I try and make things in the forefront more "top priority" but I still stand and toss out my two cents whenever I can, sometimes a bit too carelessly. I'll touch upon a subject that some know little about and don't believe and proof is hard to dig up because it's such a well kept secret. So when I'm faced with showing information to those who won't believe things without absolute proof, I sometimes CAN'T post that info without long term consequences. If I held confident data from the United States Government that is top secret and is not yet leaked and I were to leak it in detail or in part, I could wind up dead or in prison. Plus, there is the whole deal that I don't have direct access to any such plans but that's besides the point.

Focusing on things more close to home could improve stuff and every day I try and do that but I fear it's never enough. In a perfect world, lies and deception don't exist. Until that day comes, we have to fight for the truth which is quite often stranger than fiction. I only hope to live long enough to see a better future but if that will not be a reality, it's hard to want to, that's why I have to make it a reality. This whole world hangs in the balance of what we do. If we collapse, the whole world follows.