Recently, employees responsible for the file
sharing website MegaUpload were arrested due to authorities believing that
MegaUpload utilised various incentive programs and other methods to promote the
illegal distribution and sharing of copyrighted material.
The controversial point about this case is
how the arrests occurred. New Zealand police, in Auckland, arrested employees, citizens
of various European countries, on the basis of warrants issued by the United
States. The United States are requesting that the individuals now be extradited
to the US to face their charges, on the basis that the company leased servers
in California.
So the question is raised about
jurisdictions. Where were the crimes committed? Which country can charge those
responsible? How far can their judicial powers spread? New Zealand extradition
law states that those responsible could only be extradited to the US if the
wrong was committed on US territory. Since the crime was committed ‘in the
clouds’, everywhere and nowhere, I don’t believe this is really the case.
The results of this case may have far
reaching effects, as it will establish just how far countries jurisdictions can
reach, and for what reasons. It will set a precedent for these cloud based websites
and any crimes they may commit. In any case, I believe international treaties
and laws need to be rewritten to keep up with the ever changing and expanding
online world.
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