• Retired judge joins fight against DoJ's "outrageous" Megaupload seizures
    56 replies, posted
[quote=The Wired] Abraham David Sofaer, a former New York federal judge, recently was presenting a paper at the National Academy of Sciences about deterring cyberattacks when he learned the feds had shut down Megaupload, seizing its domain names, in a criminal copyright infringement case. Troubling him more than his paper on global cybersecurity (.pdf) was learning that the government had seized the files of 66.6 million customers as part of its prosecution of the file-sharing site’s top officers, and was refusing to give any of the data back to its owners. “It’s really quite outrageous, frankly,” the 74-year-old President Jimmy Carter appointee said in a recent telephone interview. “I was thinking the government hadn’t learned to be discreet in its conduct in the digital world. This is a perfect example on how they are failing to apply traditional standards in the new context.” A former State Department legal adviser, Sofaer has teamed up — free of charge — with the Electronic Frontier Foundation in urging a federal court to set up a system to allow Megaupload users to get back their legal content. His entry into the high-profile case comes as users increasingly turn to online storage systems and services, including Dropbox, Gmail, YouTube, ReadItLater, iCloud, and Google Drive, among others, to share and store their data — despite the fact that legal protections for cloud services are weak and servers can be shut down at any time by an aggressive prosecutor. In an unrelated copyright infringement seizure, the feds confiscated the domain of a hip-hop music blog at the behest of the recording industry, only to return it, without apology or recompense, a year later for lack of evidence. The criminal prosecution of Megaupload targets seven individuals connected to the Hong Kong-based file-sharing site, including founder Kim Dotcom. They were indicted in January on a variety of charges, including criminal copyright infringement and conspiracy to commit money laundering. The government said the site, which generated hundreds of millions in user fees and advertising, facilitated copyright infringement of music, television programs, electronic books, business and entertainment software, and, perhaps most damningly, movies, often before their theatrical release. The site was so popular it leased more than 1,100 servers hosted by Carpathia in Virginia. The government copied 25 petabytes of the data, and said the rest can be erased. The Department of Justice told the federal judge overseeing the prosecution that the government has no obligation to assist anybody getting back their data, even if it’s non-infringing material. “That’s a dangerous road,” Sofaer said. He suggested that the government hasn’t quite caught up to the digital age. He doubts the government would take the same position with a bank it seized. “Of course they would help customers get back their deposits,” he said. “But think about this new world. You can see very clearly that the government is acting in a manner that is indiscriminate.” Justice Department prosecutors handling the case in the Eastern District of Virginia declined comment. But in a recent court filing, the authorities wrote that assisting an Ohio man in getting back his company’s high school sports footage “would create a new and practically unlimited cause of action on behalf of any third party who can claim that the government’s execution of a search warrant adversely impacted a commercial relationship between the target of the search and the third party.” Sofaer, also a former clerk to then-Supreme Court Justice William Brennan Jr. and now a Hoover Institution fellow, claims the government’s response is hogwash. All legal files could easily be retrieved, just like they were before the service was shuttered in January. The Palo Alto, California, scholar has agreed to donate his legal services toward that goal, and wants the judge to appoint an expert to supervise the program, which would provide legal notice to former Megaupload customers that “you are entitled to have your data but not contraband material.” “I think the government could easily live with that,” he said. Julie Samuels is the Electronic Frontier Foundation attorney working with Sofaer, and said litigating with him “has been an absolute pleasure.” “It’s clear that he really gets why this case matters and has the experience and perspective necessary to take the long view: If the court allows the government’s actions to go unchecked here,” she said, “we’ll be facing a world with inhibited property rights that is less friendly for innovation.” Sofaer, who was also a former New York federal prosecutor, understands the government’s motives. “They are eager to make cases, and to be as little bothered by the consequences as possible,” he said. “When I was a prosecutor, I probably would have been the same way.”[/quote] [url="http://www.wired.com/threatlevel/2012/06/retired-judge-megaupload/"]Source[/url].
An old man who actually knows how the internet kinda works? NEVER!
It'l never happen unless they have the resources to suddenly analyze 60+ million people's files on a case to case basis as to whether it's "Contraband" or not. That's not even considering local laws regarding some people's files who lived in say, Sweden or some such where they can do what they please.
why do so many of these pussies wait until they're retired before they stand up for something?
[QUOTE=Lachz0r;36331674]why do so many of these pussies wait until they're retired before they stand up for something?[/QUOTE] So they aren't forced to retire before hand.
[QUOTE=Emperor Scorpious II;36331732]So they aren't forced to retire before hand.[/QUOTE] hence: pussies
[QUOTE=Lachz0r;36331740]hence: pussies[/QUOTE] Yeah, let them go risk my job and career for being outspoken while you sit cozily at home.
[QUOTE=Emperor Scorpious II;36331867]Yeah, let them go risk my job and career for being outspoken while you sit cozily at home.[/QUOTE] the classic defense of the pussy. put a paycheck above what you believe in and you're a pussy sorry, how cozy i may or may not be (it's cold as hell so i'm not that cozy mate) is irrelevant.
[QUOTE=Lachz0r;36331915]the classic defense of the pussy. put a paycheck above what you believe in and you're a pussy sorry, how cozy i may or may not be (it's cold as hell so i'm not that cozy mate) is irrelevant.[/QUOTE] Go pass the bar exam, be a judge and deal with it yourself if you think this such an important matter that it requires such career/life altering risks.
[QUOTE=Lachz0r;36331915]the classic defense of the pussy. put a paycheck above what you believe in and you're a pussy sorry, how cozy i may or may not be (it's cold as hell so i'm not that cozy mate) is irrelevant.[/QUOTE] Because when you actually have a job doing something you love then you'll understand why these people don't want to risk it.
[QUOTE=Emperor Scorpious II;36331943]Go pass the bar exam, be a judge and deal with it yourself if you think this such an important matter that it requires such career/life altering risks.[/QUOTE] i'm probably too stupid? lol. seriously you're just giving the most classic defense of the coward 'well if you're not willing to do it then i shouldn't have to!' sorry for expecting a sense of bravery and justice from someone who became a judge.
[QUOTE=Lachz0r;36332009]i'm probably too stupid? lol. seriously you're just giving the most classic defense of the coward 'well if you're not willing to do it then i shouldn't have to!' sorry for expecting a sense of bravery and justice from someone who became a judge.[/QUOTE] Well since you're self admittedly stupid, I guess you won't understand my point anyway.
[QUOTE=Emperor Scorpious II;36332026]Well since you're self admittedly stupid, I guess you won't understand my point anyway.[/QUOTE] your point is just an excuse for cowardice. i may not be smart enough to pass the bar exam (and i wouldn't even if i could, all lawyers are scum) but at least i have courage.
[QUOTE=Lachz0r;36331915]the classic defense of the pussy. put a paycheck above what you believe in and you're a pussy sorry, how cozy i may or may not be (it's cold as hell so i'm not that cozy mate) is irrelevant.[/QUOTE] So now, judges are pussies for administering the law? Let me ask you this: how many times have judges come under fire for going around or above the law? You can't have your cake and eat it too. I'd also like to note that your posts in this thread were some of the worst I've ever seen.
[QUOTE=Lachz0r;36331915]the classic defense of the pussy. put a paycheck above what you believe in and you're a pussy sorry, how cozy i may or may not be (it's cold as hell so i'm not that cozy mate) is irrelevant.[/QUOTE] Gee, I donno, maybe he has a family to support? And he is a real man, who supports his family, not some pussy. A man's number 1 priority is his family, obviously you aren't a man or you'd know this.
[QUOTE=FlakAttack;36332071]So now, judges are pussies for administering the law? Let me ask you this: how many times have judges come under fire for going around or above the law? You can't have your cake and eat it too. I'd also like to note that your posts in this thread were some of the worst I've ever seen.[/QUOTE] i'm saying that people that wait until they're retired I.E. once they've lost credibility or ability to actually make a difference, to stand up for what they believe in are pussies. i'd also like to note i couldn't care less
[QUOTE=Lachz0r;36331674]why do so many of these pussies wait until they're retired before they stand up for something?[/QUOTE] he retired as a judge in 1985
[QUOTE=rnate;36332081]Gee, I donno, maybe he has a family to support? And he is a real man, who supports his family, not some pussy. A man's number 1 priority is his family, obviously you aren't a man or you'd know this.[/QUOTE] being a man means you have a cock. i have one so i know this [editline]15th June 2012[/editline] [QUOTE=ArmyKid93;36332130]he retired as a judge in 1985[/QUOTE] yeah i was more just referring to retired people in general not this guy specifically
[QUOTE=Lachz0r;36332131]being a man means you have a cock. i have one so i know this [editline]15th June 2012[/editline] yeah i was more just referring to retired people in general not this guy specifically[/QUOTE] with this post you have basically just stated that you are an idiot. or under the age of 12 and don't know what the real world is like
[QUOTE=Sourcegamer8;36332246]with this post you have basically just stated that you are an idiot. or under the age of 12 and don't know what the real world is like[/QUOTE] oh shut up. odds are i'm older than you and have experienced far more too. caring only about money doesn't mean you shit about the real world.
[QUOTE=Lachz0r;36332275]oh shut up. odds are i'm older than you and have experienced far more too. caring only about money doesn't mean you shit about the real world.[/QUOTE] what you don't understand is the fact of that there is too much to sacrifice. if anyone in this type of job said this before they'd retired would get them fired, therefore nothing to support him (and presumably his family) with. money is what gets you food, water and a place to live. without those, you can't really do too much
[QUOTE=Lachz0r;36331915]the classic defense of the pussy. put a paycheck above what you believe in and you're a pussy sorry, how cozy i may or may not be (it's cold as hell so i'm not that cozy mate) is irrelevant.[/QUOTE] You are hilariously ignorant, bad...bad poster.
[QUOTE=Sourcegamer8;36332346]what you don't understand is the fact of that there is too much to sacrifice. if anyone in this type of job said this before they'd retired would get them fired, therefore nothing to support him (and presumably his family) with. money is what gets you food, water and a place to live. without those, you can't really do too much[/QUOTE] and i'm saying, if you believe in something, then the consequences don't matter. i realise what i'm saying doesn't really apply in this case cause as was pointed out this guy retired ages ago.
Hey Lackz0r, maybe if you read about him you would actually know that he does stand up for something. [quote]After leaving the Department of State, Sofaer practiced law at Hughes, Hubbard & Reed in Washington, D.C., from 1990 to 1994. In 1994, Sofaer was appointed George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs at the Hoover Institution. His "work has focused on separation of powers issues in the American system of government, including the power over war, and on issues related to international law, terrorism, diplomacy, national security, the Middle East conflict, and water resources. He teaches a course on transnational law at the Stanford Law School."[/quote] You would also know that he's not actually retired. He's just a retired judge.
[QUOTE=Lachz0r;36332275]oh shut up. odds are i'm older than you and have experienced far more too. caring only about money doesn't mean you shit about the real world.[/QUOTE] fyi you're online saying everyone is a coward and a pussy i'd love to see this in reverse and replace online with IRL, tables would go around the fucking clock
[QUOTE=Lachz0r;36332275]oh shut up. odds are i'm older than you and have experienced far more too. caring only about money doesn't mean you shit about the real world.[/QUOTE] Well apparently being smart also isn't one of the things you put work into so I mean...who cares what you say.
Ah, free entertainment. The best kind.
[QUOTE=Character;36332370]fyi you're online saying everyone is a coward and a pussy i'd love to see this in reverse and replace online with IRL, tables would go around the fucking clock[/QUOTE] i've attended legalise marijuana rallies in real life, i've stood up to police with friends in real life. obviously there's no point in saying this though because as you've pointed out, it's the internet so it doesn't matter what i say you'll still call bs.
Good job Lackz0r you managed to derail the thread and not a single one of your posts actually amounted to anything.
[QUOTE=Boxbot219;36332369]Hey Lackz0r, maybe if you read about him you would actually know that he does stand up for something. You would also know that he's not actually retired. He's just a retired judge.[/QUOTE] hey bitchbot420 if you read my post you'd see i acknowledged that what i'm saying doesn't really apply in this case, now i'm just defending myself [editline]15th June 2012[/editline] [QUOTE=Clementine;36332382]Well apparently being smart also isn't one of the things you put work into so I mean...who cares what you say.[/QUOTE] i'm smarter than you [highlight](User was banned for this post ("Trolling" - Craptasket))[/highlight]
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