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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  US wants juristiction everywhere
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Author Topic: US wants juristiction everywhere  (Read 313 times)

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US wants juristiction everywhere
« on: April 20, 2013, 12:44:18 am »
http://torrentfreak.com/u-s-flip-flopping-proves-us-right-megaupload-tells-court-130419/

Quote
In a filing just submitted to a U.S. federal court Megaupload is using the Government’s own words against it, hoping to get the case against it dismissed. Megaupload points out that the Department of Justice is trying to change the law to legitimize the destruction of Megaupload. The DoJ wants to amend the law so that it’s possible to serve foreign defendants, while it previously argued in court that the authorities didn’t require such power.

According to “Rule 4” of criminal procedure the authorities have to serve a company at an address in the United States. However, since Megaupload is a Hong Kong company, this was and is impossible.

Only by dismissing the case can the court protect Megaupload’s due process rights, the defense argued. However, the Government disagreed and asked the court to deny Megaupload’s motion. Among other things the Government claimed that the federal rules shouldn’t be interpreted so narrowly.

A company should only be served on a U.S. address if they have one, they argued.

Last week a new chapter was added to this standoff and it turned out that, behind the scenes, the Department of Justice is trying to change the law in its favor. In a letter to the Advisory Committee on the Criminal Rules the DoJ made suggestions that would directly influence the Megaupload case.

Among other things the Government asked to “remove the requirement that a copy of the summons be sent to the organization’s last known mailing address within the district or principal place of business within the United States,” and to amend the Rule to “provide the means to serve a summons upon an organization located outside the United States.”

Where does this end?

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