Millions of users lost access to their personal files when Megaupload was raided, and after more than half a decade not much has changed.
Former Megaupload user Kyle Goodwin has been trying to get his files back for years. This week he urged the Appeals Court to intervene, before it’s too late.
Soon after Megauploadâs shutdown more than five years ago, many of the siteâs users complained that their personal files had been lost as collateral damage.
One of these users is Kyle Goodwin, who operates a sports video company in Ohio. He used Megaupload as part of his business, to safely store large videos he created himself.
But, after Megauploadâs servers were raided Mr. Goodwin could no longer access the files. Hoping to resolve the issue, he asked the court to assist him and others to retrieve their personal property.
Helped by the Electronic Frontier Foundation (EFF), Williams Mullen law firm, and Stanfordâs Hoover Institution, Mr. Goodwin filed over half a dozen requests since 2012 asking the court to find a workable solution for the return of his data. Thus far, however, this has been without success.
This week, his legal team brought the issue before the Court of Appeals for the Fourth Circuit, pointing out that the Governmentâs seizure of Megaupload and its apparent disregard for the rights of former users of the service continue to affect innocent bystanders.
After more than five years, they hope that the court will help to break the case open, so former users will be able to retrieve their personal files.
âMr. Goodwin, and many others, used Megaupload to store legal files, and weâve been asking the court for help since 2012. Itâs deeply unfair for him to still be in limbo after all this time,â EFFâs Senior Staff Attorney Mitch Stoltz says.
âThe legal system must step in and create a pathway for law-abiding users to get their data back.â
Mr. Goodwinâs lawyers asked the court to issue a âwrit of mandamusâ to the trial court, requesting it to act on their clientâs behalf and create a process for Megaupload users to regain access their data.
The longer it takes the higher the risk is that data will be permanently lost, the legal team stresses. And at this moment it could still take many years before the criminal case reaches its conclusion.
âThe seizure and continued denial of access also violates Mr. Goodwinâs constitutional rights. Under the Fourth and Fifth Amendments, the government was obligated to execute the searches and seizures in a manner that reasonably protected the rights of third parties to access and retrieval,â the petition reads.
While the sports videographer is the only Megaupload user whoâs fighting for his rights in court, there are many others who still hope to be reunited with their lost data. Last year a former Megaupload user contacted TorrentFreak in desperation, hoping to recover a personal photo that is very dear to him.
According to EFF, the Government canât stand idly by in these cases. More and more users are hosting their personal data in the cloud and itâs important that their rights are taken into account.
âWeâre likely to see even more cases like this as cloud computing becomes increasingly popular,â EFFâs Legal Director Corynne McSherry comments.
âIf the government takes over your bank, it doesnât get to keep the family jewels you stored in the vault. Thereâs a process for you to get your stuff back, and you have a right to the same protection for your data,â she adds.
In a few weeks we will know if the Appeals Court agrees, or if the waiting continues.
Source: Â TorrentFreak.com
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