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.<\/p>\n
But, after Megaupload\u2019s servers were raided Mr. Goodwin could no longer access the files. Hoping to resolve the issue, he asked the court<\/a> to assist him and others to retrieve their personal property.<\/p>\n Helped by the Electronic Frontier Foundation (EFF), Williams Mullen law firm, and Stanford\u2019s 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.<\/p>\n This week, his legal team brought the issue before the Court of Appeals for the Fourth Circuit, pointing out that the Government\u2019s seizure of Megaupload and its apparent disregard for the rights of former users of the service continue to affect innocent bystanders.<\/p>\n 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.<\/p>\n \u201cMr. Goodwin, and many others, used Megaupload to store legal files, and we\u2019ve been asking the court for help since 2012. It\u2019s deeply unfair for him to still be in limbo after all this time,\u201d EFF\u2019s Senior Staff Attorney Mitch Stoltz says.<\/p>\n \u201cThe legal system must step in and create a pathway for law-abiding users to get their data back.\u201d<\/p>\n Mr. Goodwin\u2019s lawyers asked the court to issue a \u2018writ of mandamus<\/a>\u2018 to the trial court, requesting it to act on their client\u2019s behalf and create a process for Megaupload users to regain access their data.<\/p>\n 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.<\/p>\n \u201cThe seizure and continued denial of access also violates Mr. Goodwin\u2019s 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,\u201d the petition reads.<\/p>\n While the sports videographer is the only Megaupload user who\u2019s 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.<\/p>\n According to EFF, the Government can\u2019t stand idly by in these cases. More and more users are hosting their personal data in the cloud and it\u2019s important that their rights are taken into account.<\/p>\n \u201cWe\u2019re likely to see even more cases like this as cloud computing becomes increasingly popular,\u201d EFF\u2019s Legal Director Corynne McSherry comments.<\/p>\n \u201cIf the government takes over your bank, it doesn\u2019t get to keep the family jewels you stored in the vault. There\u2019s a process for you to get your stuff back, and you have a right to the same protection for your data,\u201d she adds.<\/p>\n In a few weeks we will know if the Appeals Court agrees, or if the waiting continues.<\/p>\n Source: \u00a0![\"TorrentFreak\"](\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\")
<\/a> TorrentFreak.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"