MSNBC is reporting (via CNET) that data belonging to MegaUpload’s customers will not be deleted on Thursday as originally reported. The two companies hosting MegaUpload’s data – Carpathia Hosting and Cogent Communications – have agreed to preserve information on their servers for another two weeks.
From a legal perspective, the data should be preserved because it may be crucial to MegaUpload’s defense. For instance, maybe an analysis of the data shows .000001% of the content uploaded to MegaUpload was being uploaded and distributed without authorization. Or maybe the number is 50%. That could make a big difference in the perception of how seriously MU took its responsibilities under the safe harbor exception.