Re: Megaupload.com seized
----- Forwarded message from Steven Bellovin <smb@cs.columbia.edu> -----
BTW: Anons are attacking back http://anonops.blogspot.com/2012/01/internet-strikes-back-opmegaupload.html( http://en.wikipedia.org/wiki/Timeline_of_events_involving_Anonymous#Operatio...) but it does not seem to be as massive as previous attacks... There seems to be lack of media coverage... 2012/1/20 Eugen Leitl <eugen@leitl.org>
----- Forwarded message from Steven Bellovin <smb@cs.columbia.edu> -----
From: Steven Bellovin <smb@cs.columbia.edu> Date: Thu, 19 Jan 2012 22:19:34 -0500 To: Suresh Ramasubramanian <ops.lists@gmail.com> Cc: NANOG <nanog@nanog.org> Subject: Re: Megaupload.com seized X-Mailer: Apple Mail (2.1251.1)
On Jan 19, 2012, at 10:07 PM, Suresh Ramasubramanian wrote:
I would agree. They've dotted every i and crossed every t here.
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.
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 at George Washington University, in that federal prosecutors obtained the private e-mails of Megauploadb s operators in an effort to show they were operating in bad faith.
"The government hopes to use their private words against them," Mr. Kerr 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
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Eugen Leitl <eugen@leitl.org> quotes:
"The government hopes to use their private words against them," Mr. Kerr said. "This should scare the owners and operators of similar sites."
Kim Schmitz (or whatever he's calling himself this week) is a survivor. He'll be back, even if Megaupload isn't. Peter.
From those crypto lessons -- aspirations to use technology to beat government, then gradual co-optation by legal
Harking back to the Echelon era, it is worth noting that those five countries - US, UK, AU, CA, NZ - are in the forefront of mega-managing the security of the Internet, no doubt refining and expanding the technological tools and sneaky extra-legal practices to work their combined will on global communications. Gaining access to MegaUpload's emails, business records and financial affairs likely required several multi-jurisdictional actions not only by the Echelon partners by also by allies such as those in NATO. As often discussed here, the use of military capabilities developed for national security for civilian criminal affairs matters is amply indicated in the MegaUpload indictment. Indicting in the US, in particular in the Eastern District of Virginia, the pre-eminent national security court, also indicates a bias toward national security undergirding arguments for economic security threat. That too was often debated here in the crypto wars of the 1990s. Recent defense funding authorization of holding alleged terrorists indefinitely, keeping Gitmo alive, SOPA, PIPA, MegaUpload, Bradley Manning, WikiLeaks, huge funding increases for openly hiring hackers and paying those undecover to rat on cohorts, also reminds of the extra-legalities and betrayals of the early public crypto era. threats, bribes, scholarships, contracts, stigma, isolation, betrayals, call that the After Echelon Option -- it should be expected that the same means and methods will be used in cyber wars, offense and defense mutually aggrandizing one another. Note that there have been a slew of seeming public interest comsec initiatives in recent years to address cyber threats combined with threats to privacy. Observing the particpants in these there are quite a few recognizable warriors from the crypto-comsec-privacy wars. Fine minds and good hearts still proposing technological solutions to the issues, warning of legal if not military oppostion. Ginning up more technical fixes to comsec and privacy, reminding of past errors and promises gone awry, sniping at one another, admitting NDA withholdings, parading an impressive list of corporate domains after the nyms. Optimistically, using the wind down of the Cold War as a precedent, when crypto wizards came of out of classified realms due to decline of nat sec jobs, the wind down of GWOT could lead to comsec wizards coming out of similarly classified realms to aid civilians against those remaining in the world of secrecy worldwide. It would be a swell outcome of classified research to heed its inherent dual use once again on the dual use Internet: between those who want to control it with an iron hand of government and commerce and those who want to free it from that hand. That will depend upon who gets paid to betray the public and those who defend the public. It is not easy to tell who is who since both copy one another's language, behavior and promises -- most of the charges against MegaUpload could be applied to government and commerce. Call that Mega Echelon Option. At 02:12 PM 1/20/2012 +0100, Eugen Leitl wrote:
On Sat, Jan 21, 2012 at 01:52:01AM +1300, Peter Gutmann wrote:
Kim Schmitz (or whatever he's calling himself this week) is a survivor. He'll be back, even if Megaupload isn't.
If the charges stick he'll be out of circulation for a while.
participants (4)
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Eugen Leitl
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John Young
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Peter Gutmann
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Visgean Skeloru