Almost a year after the Megaupload raid, a court in Ontario has refused a request by U.S authorities to hand over 32 servers located in the province.
Attorneys for Megaupload argued that the servers contained information that was irrelevant to the case. Ira Rothken, lead attorney for the company, asked the court to deny the request, or, alternatively, appoint an “independent examiner” that would inform the court of the relevancy of the content to the case.
Justice Gladys Pardu, the presiding judge in the case, agreed with Mr. Rothken’s argument.
“The appropriate balance of the state interest in gathering evidence and privacy interests in information can be struck by an order that the servers be brought before the court [...] so that the court can make an order refining what is to be sent,” Justice Pardu wrote.
“The Respondent’s position is that there is an enormous volume of information on the servers and that sending mirror image copies of all of this data would be overly broad, particularly in light of the scantiness of the evidence connecting these servers to the crimes alleged by the American prosecutors”, the judgment notes.
Megaupload’s lawyer said that this should be a cautionary tale to users on what they upload into cloud storage services.
“The Government’s aggressive conduct here makes it clear that cloud storage users should strongly consider encrypting what they store in the cloud to use technology as the ultimate guardian of privacy rights,” Mr. Rothken said to TorrentFreak.
According to TorrentFreak, the new Megaupload, which apparently launches at the end of this week, will include built in encryption.