What The Pundits Are Missing In The Megaupload Case

Media types are claiming that prosecutors will find it hard to pin copyright charges on Kim Dotcom, the 300-pound executive whose website Megaupload let users share millions of movie and music files. But this speculation overlooks the fact that the feds have an easier tool than copyright law to convict Dotcom -- the law of conspiracy.

The US charges against Dotcom, who was nabbed in a panic room clutching a sawed-off shotgun, are based on an indictment unsealed last week that accuses him and six others of criminal copyright and three other charges. Contrary to many reports, those other charges are not about money-laundering and racketeering but instead about conspiracy to commit those crimes. The distinction is important because conspiracy charges are a key law enforcement tool for the federal government that, critically, do not require proving the underlying crime.