2other individuals who have lost access to their property due to the searches and seizureof Megaupload. Theywill alsoinform the general public about how the government has used itsseizure power in this high-profile case, which has important implications for all users (and providers) of cloud computing services. Finally, because this case was initiatednine months agoand has already been the subject of extensive public litigation here andin New Zealand,thegovernment cannot overcome the presumption in favor of access to judicial records.
Much of theprocedural background, as it applies to Mr. Goodwin, is laid out in his brief in support of Carpathia Hosting’s emergency motion and his own motion for return of his property. Dkt. No. 51 at 3-6, Dkt. No. 91.at 2-6. Of particular relevance, on January 19, 2012,this Court unsealed an indictment dated January 5. Indictment, Dkt. No.1. Presumably pursuantto warrants and orders still under seal, the government seized 18 domain names and executedsearch warrants, effectively seizing the more than 1,000 servers owned by Carpathia Hosting,which Megaupload had leased and on which it most likely stored its customers’ data. Dkt. No.39 at 5; January 27 Letter from Jay V. Prabhu (“Prabhu Letter”), Dkt. No. 32. Moreover, thegovernment, along with foreign law enforcementin New Zealandand elsewhere, also raided thehomes of defendants, none of whom residesin the United States, and seized bank accounts, jewelry, cars, and other valuable goods. Dkt. No. 1 at 66-71
The government sought, andreceived, significant press attention for both the raids and the public indictment.On January 27, the government filed the Prabhu Letter with this Court, stating that it hadcompleted its execution of the warrants, that it no longer had any right to access Carpathia’sservers, and that it no longer exercised control over the data. Dkt. No.32. Fearing that thegovernment’s position meant that his property was to be destroyed, Mr. Goodwin filed a brief in
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