Greg Sandoval | The Verge The Verge is about technology and how it makes us feel. Founded in 2011, we offer our audience everything from breaking news to reviews to award-winning features and investigations, on our site, in video, and in podcasts. 2017-05-23T18:07:21+00:00 https://www.theverge.com/authors/greg-sandoval/rss https://platform.theverge.com/wp-content/uploads/sites/2/2025/01/verge-rss-large_80b47e.png?w=150&h=150&crop=1 Greg Sandoval <![CDATA[An interview with alleged KickassTorrents founder in his jail cell in Poland]]> https://www.theverge.com/2017/5/23/15681160/kickasstorrents-founder-artem-vaulin-interview-bittorrent 2017-05-23T14:07:21-04:00 2017-05-23T14:07:21-04:00
Artem Vaulin, Olga Nikolayeva, and their child. | Photo by Olga Nikolayeva

In July 2016, Artem Vaulin left Ukraine for a vacation to Iceland with his family, but he never made it to his destination. During a layover in Poland, Vaulin — the 31-year-old accused by the United States of operating KickassTorrents (KAT), the web’s most popular place to illegally obtain movies, songs, and video games — was arrested by authorities.  

Until last week, Vaulin had been held at Warsaw-Bialoleka Investigative Detention Center with little contact to the outside world while the Polish government evaluated a US extradition request. Last Tuesday, two days before his release, The Verge sat down with Vaulin in his jail cell for a two-hour interview — the first since his arrest — to discuss his extradition fight and his life inside jail.

The day before I arrived at Bialoleka, I attended a court hearing in Warsaw to decide on a request made by Vaulin’s attorneys that, after 10 months, he be released on bail for medical reasons. Vaulin suffers from a spinal condition from well before his arrest, his lawyers say. Just like with his previous requests, the court turned him down. But this past Thursday, the court unexpectedly reversed its decision.

Vaulin was released on $108,000 bail, according to his lawyers, and his passport was confiscated

Today Vaulin is out of jail, but unable to leave the country. He was released on $108,000 bail, according to his lawyers, and his passport was confiscated. An extradition process could take months. In the meantime, he is living in a rented Warsaw apartment with his wife and five-year-old son.

“We are pleased that the Polish Court allowed Artem Vaulin to be free on bail,” said Ira Rothken, the Silicon Valley-based lawyer representing Vaulin. Rothken is perhaps best known for defending accused Megaupload founder Kim Dotcom. “This will allow Artem to care for his health, be with his family, and assist in his legal defense.”

Founded in 2008, KickassTorrents became the go-to destination for torrenting movies after the Feds took down Dotcom’s juggernaut of a file-hosting service in 2012. According to the criminal complaint against Vaulin, filed on July 8th, 2016 in the Northern District of Illinois Eastern Division, 50 million people visited KAT each month, making it the 69th most-visited site in the world. Prosecutors said KAT distributed $1 billion worth of copies of songs, films, and other media. They also said Vaulin pocketed tens of millions of dollars from ad revenue.

Vaulin’s story is unique because few website operators have gone to jail for as long as he has without being convicted. Fewer still are believed to have been sent to a place like Bialoleka.

Vaulin recalled that not long after his arrest he needed to be taken to the hospital for back pain. He was astonished to learn he would be escorted by four policemen wearing ski masks and armed with machine guns. During the ambulance ride, with the siren blaring and the lights flashing, Vaulin says one of his guards told him they had heard he was responsible for the murder of three people.

“No,” a spooked Vaulin told the guard. “It’s just about torrents.”

The US signaled a change in attitude on January 19th, 2012 when New Zealand police busted Kim Dotcom

In the 2000s, the early days of torrenting, web piracy allegations were nearly always settled in civil court, not criminal court. Shawn Fanning and Sean Parker, co-founders of the first mainstream file-sharing site Napster, were the target of lawsuits that caused their company to go bankrupt, but neither Fanning nor Parker went to jail. The same went for the founders of LimeWire, Hotfile, TorrentSpy, Isohunt, Grooveshark, and all the other companies that were accused of enabling piracy and sued out of existence. Among the few who were convicted and sent to prison were the three founders of The Pirate Bay, probably the best-known and most defiant file-sharing service of all time. According to reports, Peter Sunde served five months and Fredrik Neij spent less than eight months in jail. It’s unclear how much time Gottfrid Svartholm Warg actually served for copyright violations as he was given a concurrent multi-year sentence for non-related hacking offenses.  

The US signaled a change in attitude on January 19th, 2012 when New Zealand police busted Kim Dotcom on behalf of the US Department of Justice in a dramatic raid. Today, Dotcom remains free on bail in New Zealand, fighting US extradition attempts. Dotcom’s high-profile arrest was a sign that the US would encourage international agents to take down serial criminal copyright violators in much the same way they prosecute dope dealers and organized crime figures. The scare tactic seems to be effective. In the past few months, some of the web’s top file-sharing hubs, including TorrentHound, What.cd, and Torrentz.eu have closed down. Just last week, ExtraTorrent notified users that it was going offline forever. “Thanks to all ET supporters and torrent community. ET was a place to be…”

Vaulin’s incarceration in Bialoleka, 17 miles north of Warsaw, seems to be another warning to file-sharing moguls.

Bialoleka was built in 1952 during the Soviet Union’s rule over Poland. The 1,300-person detention facility once held some of the leaders of Solidarity, the independent Polish labor movement that became a symbol of resistance and eventually helped bring down the USSR. Today it holds a range of criminals, including violent offenders.

From outside, the jail looks like any other: four drab buildings surrounded by high walls topped by barbed wire. When I entered his cell, Vaulin was lying on a hospital bed that had been brought in for him. The cell was about 25 square meters, which is a little small for two people. With pastel-colored walls and plentiful sunlight coming through the barred window, it was cheerier than I had expected. One of Vaulin’s lawyers, Tatiana Pacewicz, said, “This is the VIP room. Other rooms, not so nice.”

Pacewicz and Vaulin’s wife, Olga Nikolayeva, said Vaulin typically shared a 15-square-meter cell with three other inmates. That area — the size of a single-car parking space — contained a toilet, four men, their possessions, and two sets of bunk beds. Vaulin says that for a time he was placed in a cell with a man accused of murder. According to Pacewicz, this was just one of the many ways that the jail and Poland’s government regularly failed to meet the standards recommended by the Council of Europe for the humane treatment of prisoners.

“(Jail cells) shall only be shared,” wrote the Council’s Committee of Ministers, “if it is suitable for this purpose and shall be occupied by prisoners suitable to associate with each other.”

Vaulin’s lawyers also stressed the facility’s administration’s disregard for Vaulin’s back pain. During visits to the hospital, he was forced to sleep with his leg chained to the bed. Back at the jail, Vaulin was transferred between cells seven times; he was made to carry all his possessions to a new cell in one trip: books, legal papers, cups, pots, etc.  

“The first time I had so much pain,” Vaulin said. “Yes, I told the guards. But they work 9 to 5. It is a job and my problem doesn’t interest them. One told me: ‘If you’re healthy enough to talk, then it’s not urgent.’”

Though Vaulin is not a confident English speaker, with the help of his English-speaking attorney and an English-Russian Dictionary, he made himself easily understood.

Beside the fact that he was laying in a hospital bed, he appeared healthy

Prisoners receive the same meal every day, according to Vaulin. Earlier his wife had complained that he had dropped weight during his incarceration. Because he wore loose-fitting pants and a T-shirt, it was difficult to tell his condition. Beside the fact that he was laying in a hospital bed, he appeared healthy.  

The facility’s officials did not respond to an interview request last week.

The US government has said in court that Vaulin has only himself to blame for his incarceration in Poland.

“He is in custody based upon his own decision to resist extradition,” said Devlin Su, a DOJ prosecutor, during a hearing on Vaulin’s case last January. “He could easily have agreed to extradition back when he was arrested in July. He could agree to it now. He doesn’t have to sit in jail in Poland. The only reason he’s doing that is because he wants to put up as many roadblocks as possible.”

“We believe the indictment lacks merit,” says Rothken. “We have a motion to dismiss pending in federal court in Chicago.”

I asked Vaulin about the charges against him, and if he ever operated KAT until his arrest in 2016, as the US government alleges. Did he knowingly commit copyright infringement? Vaulin said Rothken advised him not to discuss any specific allegations about his case.

But he did offer this: “I’m a businessman. When I start a business I consult lawyers. I was never told that anything I was involved in was against the law.”

“I’m not crazy,” Vaulin said, clarifying that he was speaking hypothetically. “If someone came to me to tell me the United States was angry with something I do, whatever it was, I would stop.”

Joseph Fitzpatrick, a spokesperson for the US District Court in Illinois, which filed the indictment against Vaulin, declined to comment on Vaulin’s statements.

In the criminal complaint, prosecutors say they can prove Vaulin founded and operated KAT, tried to conceal the nature of its business, and flatly “ignored” the requirements under copyright law that service providers must obey if they don’t want to be liable for their users’ copyright infringement.

"If someone came to me to tell me the United States was angry with something I do, whatever it was, I would stop."

Investigators say it was Vaulin who registered KAT’s site in 2009, and it was Vaulin who updated KAT’s Facebook fan page. They claim Vaulin was the one who directly controlled the bank account where millions of dollars of KAT’s ad revenue poured in each month. They say they know all this by tracking his IP address, along with information provided by Apple.

Some in the tech press have mocked Vaulin for not doing a better job of concealing his identity, calling his use of an Apple email a “colossal screwup. But Vaulin insists he was unaware of any wrongdoing. He traveled widely through US-friendly territories during the time he is said to have run KAT.

“I wasn’t afraid to travel,” he said. “I had nothing to hide.”

The United States maintains that Vaulin was aware of his criminal activities, and that’s why he attempted to mask KAT’s piracy operations by tucking them inside a dummy company called Cryptoneat.  

“Cryptoneat is not a company,” Vaulin told The Verge. “It’s just a brand, a trademark that I created. There are no employees. It’s a good name that I liked and intended to use someday. Someone in the Justice Department made a mistake. A company called Cryptoneat doesn’t exist.”

As the conversation wrapped up, stewards rolled up to his cell with a couple containers of food.

Vaulin insists that he’s innocent, and he holds no grudges toward the studios that encourage the zealous prosecution of individuals taking part in file-sharing services.

“No, I don’t hate [the Hollywood studios],” he said. “They are just interested in making money. They want to save their business. They don’t want to compete. But putting me in prison isn’t going to help them. Torrents aren’t going to stop. Everybody in poor countries torrents. Some of the guards [here] told me they torrent.”   

Correction May 24th, 9:06AM ET: This story originally misspelled the name of Tatiana Pacewicz, Artem Vaulin’s attorney.

Correction May 25th, 4:56PM ET: This story originally mistakenly cited Council of Europe recommendations as EU recommendations.

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Greg Sandoval <![CDATA[I saw a man lose his eye to a ‘less-lethal’ police weapon]]> https://www.theverge.com/2016/9/22/13022262/laurent-theron-paris-protest-police-crowd-control-weapons 2016-09-22T16:57:48-04:00 2016-09-22T16:57:48-04:00

Laurent Theron is shouting at two policemen and waving his arms around for emphasis. From a distance, he looks more like a guy arguing over a parking ticket than a man who just suffered an injury that will leave him permanently blind in his right eye.

Last Thursday (September 15th), just a few minutes before he began yelling at the cops, Theron, a 46-year-old union activist, was with thousands of others in the Place de Republique, one of the main squares in Paris. He was protesting against a controversial new labor law in France when a projectile crashed into his face. Theron stumbled out of the square looking for help and that’s when he met the cops and a couple of reporters, including me. To look at the wound was stomach turning. I couldn’t help but pity him, knowing that he probably was going to lose the eye.

“Look at me. You shot me.”

Already, the area around the eye was grotesquely swollen. The eye itself was pierced and slashed.

“Look at me,” Theron yelled at the officers. “You shot me.”

Theron later told French news outlets that he suspected he was hit by a teargas canister fired from a launcher. But video taken of the incident, as well as statements by witnesses, indicate he was more likely injured by a fragment from what the French call a “désencerclement grenade.”

To scatter crowds, French police employ an explosive designed to cause an ear-splitting bang along with a blast of rubber shrapnel in a 10-meter radius. The video appears to show that one of these grenades detonated not far from Theron just before he collapsed. This kind of supposedly “non-lethal” explosive is popular with police around the world. The idea behind them is to disorient and frighten, not seriously injure.

Only, what happened to Theron is no freak accident. From the Arab Spring to Black Lives Matter demonstrations, Theron is just one of the thousands of people who have been maimed or killed in recent years by weapons that aren’t supposed to cause great bodily injury.

What happened to Theron is no freak accident

How best to respond to a protest is almost certainly on the minds of authorities in Charlotte, North Carolina today. The fatal shooting Tuesday of 43-year-old Keith Lamont Scott sparked a second night of violent protests and looting Wednesday night in downtown Charlotte. Police responded by deploying tear gas, and the state’s governor activated the national guard. It’s already a familiar pattern among controversial police shootings involving unarmed black men: Scott’s family says he was unarmed, while police say he was armed and dangerous.

In 2014, the demonstrations that followed the shooting death of Michael Brown in Ferguson, Missouri led to 10 protesters and six policemen being injured. The police response to peaceful protest looked like a military occupation. Heavy-handed responses to demonstrations, especially peaceful ones, can ignite more violence or turn public opinion against leaders. That’s why governments are searching for new ways to quell riots or violent protests without the use of deadly force. But options are limited.

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French police have typically relied on tear gas and pepper spray to disperse protesters during the protests against a new labor law known as Loi Travail.

“Lethal in Disguise,” a report released in March on crowd-control weapons (CCWs) by Physicians for Human Rights and the International Network of Civil Liberties Organizations, was highly critical of CCWs and how they are used by police.

“The proliferation of CCWs without adequate regulation, training, monitoring, and/or accountability, has led to the widespread and routine use or misuse of these weapons,” the authors wrote. “There is a pressing need to engage in further ethical research and empirical studies to develop clear scientific standards and parameters.”

Crowd control weapons have routinely been misused by police

There’s already plenty of real-world evidence behind those findings. A year ago in Nepal, police fired rubber bullets at people protesting the country’s new constitution. Four were killed, including a four-year-old child. During the 2013 protests in Brazil against price hikes on bus and train travel, one man lost the vision in his right eye when he was hit by a fragment from an explosive similar to France’s désencerclement grenade. At the same protest, a photographer was hit by a rubber bullet and blinded in one eye.

Photographer Tali Mayer has taken portraits of the people who have been injured, many of them blinded, by “sponge bullets” fired by Israeli law enforcement. In Kashmir in 2014, Indian police drove off demonstrators by shooting pellets. Sometimes, the pellets just penetrated skin and other times they pierced eyes. The situation isn’t much better in wealthy countries with well-funded police forces.

Paris this year has seen some of its worst street fighting since 1968. Labor unions and leftist groups oppose the adoption of a new law that in part makes it easier for employers to lay off workers. A relatively small number have adopted tactics that include kicking in storefront windows, shattering bus stop enclosures, and pelting police with rocks, wine bottles, and Molotov cocktails. Two policemen suffered burns after being hit by cocktails during last Thursday’s demonstration.

French cops typically respond with tear gas or by thwacking troublemakers with batons. When outnumbered and threatened, they are allowed to use désencerclement grenades. According to police policy, officers are required to roll the grenades into crowds to help limit the chances of head injuries. Nonetheless, in May a photographer suffered a facial injury when a grenade detonated near his head. Later that month, a freelance journalist spent a week in a coma after a grenade fragment crushed part of his skull.

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A French policeman prepares to fire tear gas during a demonstration in Paris last May.

Law enforcement’s appetite for less-lethal crowd control methods has created a huge opportunity for private companies, and some high-tech products have already entered the market. Two areas that have shown promise are acoustic weapons and directed energy devices, but like other less-lethal devices, they’re still controversial.

Acoustic weapons, sometimes called sonic cannons, are designed to direct loud noises over long distances. Typically they use large numbers of transducers to amplify and concentrate sounds that create discomfort in the human ear. Perhaps the best known of these devices is the Long Range Acoustic Device (LRAD). Police in Poland, India, Israel Oakland, California, and Ferguson, Missiouri, have reportedly used LRADs. But “less-lethal” doesn’t necessarily mean safe. In March, five people filed a lawsuit against the New York Police Department alleging they experienced nausea, headaches, and persistent ringing in their ears after police aimed an LRAD at protesters in December 2014. The manufacturer, LRAD Corp., has repeatedly said the device is safe and effective.

“Less-lethal” doesn’t mean safe

Then there’s the “heat-ray.” It works by focusing a beam of electromagnetic waves at a high frequency and short wave length. They are designed to create a burning sensation at the skin surface without penetrating deep and potentially damaging cells. But like sonic cannons, heat rays, tear gas, and non-lethal grenades, all of these technologies are capable of inflicting harm on entire crowds — making them especially problematic when used on people in lawful, peaceful gatherings.

Sadly, Laurent Theron became one of those unnecessary casualties. The video that shows when he was wounded doesn’t indicate there was anybody nearby confronting or threatening police. He said that when he was hit, he was standing with his hands in his pockets.

“My eye was saved, but the vision was lost,” he told French newspaper Liberation. “Anybody can lose an eye at a peaceful demonstration.”

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Greg Sandoval <![CDATA[Why the revenge porn king got away with a wrist slap]]> https://www.theverge.com/2015/12/4/9849490/hunter-moore-sentence-revenge-porn-law-enforcement-failure 2015-12-04T12:51:59-05:00 2015-12-04T12:51:59-05:00

Ultimately, Hunter Moore was right. The man who built a name for himself by helping people use the internet to humiliate and ruin the reputations of former lovers, often laughed at predictions that he’d one day pay a big price for his actions.

Moore is one of the pioneers of revenge porn, the practice of posting nude or sexual photos of someone — typically a former lover — without their permission. His now defunct web site, IsAnyoneUp.com, hosted scores of these photos before he shut it down in April 2012. The motive of the people who posted on the site was simple: they wished to terrorize.

On Wednesday, a federal judge sentenced Moore to 30 months in prison, three years of supervised release, and a $2,000 fine. A punishment like this for a guy like Moore surprised and disappointed many revenge porn victims and advocates, according to Annmarie Chiarini, director of victims services at the Cyber Civil Rights Initiative, a group dedicated to fighting revenge porn.

Moore often laughed at predictions that he’d one day pay a big price

“That’s a bullshit sentence,” said Chiarini, who in 2010 saw an ex-lover post intimate photos of her on eBay. “That’s just a ridiculously low number of years in jail. It is some satisfaction that he’s serving time but really his sentence is nothing. He’s not really paying for his crimes.”

The truth is Moore, 29, is paying for his crimes, only those crimes have little to do with revenge porn. Moore, who could not be reached for comment, admitted in February to paying a hacker to steal intimate photos from the email accounts of young women so he could post them to his site. He pleaded guilty to a single count each of computer hacking and identity theft. The law designed to outlaw revenge porn adopted in California, where Moore resided, was passed after he shuttered his site. Had it been around at the time, Moore might have received additional jail time. Last December, Noe Iniquez became the first person convicted under the law and was sent to prison for a year.

“That’s a bullshit sentence.”

It’s particularly galling because if revenge porn has a father, it’s Moore. He helped show the world the broadcast power of the web and how it could be weaponized. He reveled in being what he called a “professional liferuiner.”

“Somebody was gonna monetize this, and I was the person to do it,” Moore said during a 2011 interview with Anderson Cooper. When Moore later tried to shift the blame to the people posting the photos, Cooper noted this didn’t give him license to profit from their pics. Moore responded: “But I want to. Why wouldn’t I? I get to look at naked girls all day.”

In a 2012 interview with The Village Voice, Moore said: “I’m gonna sound like the most evil motherf*er — let’s be real for a second: If somebody killed themselves over that? Do you know how much money I’d make? At the end of the day, I do not want anybody to hurt themselves. But if they do? Thank you for the money.”

If revenge porn has a father, it’s Moore

Moore was prophetic. People have indeed killed themselves, maybe not as a result from photos being posted to his site, but from revenge porn — the practice he helped popularize. In September, a girl in Kenya killed herself after a man she knew threatened to post pictures of her online. The same year, a Brazilian teenage girl hanged herself after a sex tape she participated in was posted online.

Those are the extreme cases. Much more common is for revenge porn victims to lose jobs and find themselves ostracized by co-workers, friends, and family.

“[Putting Moore behind bars] is an accomplishment in so far that this is the first successful prosecution,” said Christina Gagnier, an attorney and member of the board for Without My Consent, a nonprofit privacy-protection group that works with revenge porn victims. “I think the downside is that the sentence is abominable. A two-year sentence doesn’t underscore the damage that was done.”

People have indeed killed themselves

Gagnier says, however, that progress is being made. In recent years, 25 US states have adopted laws that ban non-consensual pornography, and others are considering similar legislation. Some in Congress have been trying to make revenge porn a federal crime. Overseas, the number of countries that have outlawed it include Israel, the United Kingdom, and India.

Still, people who find revealing photos of themselves online continue to face plenty of obstacles to getting them removed. Maybe as many as 3,000 web sites host those types of pics, according to Chiarini. Then there is the Communications Decency Act of 1996, which protects web hosts from liability for material published by users, as long as they act fast by copyright owners when ordered to remove it. The law was created before revenge porn, but it offers those who traffic in that kind of material the same sort of protection as Comcast or AT&T.

Law enforcement often doesn’t have the technical sophistication to enforce the laws

One of the biggest problems for victims is that law enforcement often doesn’t have the technical sophistication to enforce the laws already on the books, according to Gagnier. Other times, she said they don’t have the will.

“A couple of years ago,” Gagnier said, “I went to a conference and this topic came up and there was a leading law enforcement official there who heard the term revenge porn and he started giggling. I sat in my seat and kind of went ‘Oh crap. If law enforcement is laughing about this then we’re in trouble.’ That’s when I knew we still had a long way to go on this issue.”

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Greg Sandoval <![CDATA[France goes on offensive at home against ISIS]]> https://www.theverge.com/2015/11/19/9760288/france-goes-on-offensive-at-home-against-isis 2015-11-19T10:25:25-05:00 2015-11-19T10:25:25-05:00
A group of French police prepare to search St Denys de l'Estrée, a 19th century church in the St. Denis area just outside Paris. | Greg Sandoval

France’s response to last Friday’s bloody attacks on Paris is showing results.

In a raid of an apartment just north of the city on Wednesday, France’s anti-terror police “neutralized” an ISIS cell that was preparing to attack the La Defense district, the country’s version of Wall Street, Paris prosecutor Francois Molins told the media. Molins said Thursday that the raid led to the death of Abdelhamid Abaaoud, the man suspected of planning Friday’s attacks, in which 129 people were killed.

Also killed were Abaaoud’s cousin, who blew herself up with a belt bomb during the raid, and seven suspects were arrested. Since the simultaneous assaults on a Paris athletic stadium, concert hall, and several bars and restaurants by eight gunmen, France’s government has gone on the offensive. Police have launched more than 400 raids throughout France in the past three days, the government said in a statement. They arrested or detained 60 people, and seized 75 weapons, including a rocket launcher. Nearly 120 people were placed under house arrest. On Wednesday, police in Paris’ historic Montmartre district sealed off several streets near the Guy Moquet metro stop while they searched a car. An officer at the scene told The Verge the automobile was suspected of being connected to Friday’s attacks.

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Police broke down the door of a church to search for suspects. (Greg Sandoval)

In a strategy seemingly ripped out of the post-9/11 US playbook, François Hollande, France’s president, has moved to limit some civil liberties and to provide more firepower for police around the country. On Thursday, France’s lower house of parliament voted to extend the state of emergency up to three months, which gives the government new powers to place people under house arrest and limit the ability of people to protest. The lower house also voted to give the president the power to block websites and social media. The upper house is expected to vote on Friday.

Hollande also wants the ability to strip the citizenship of French-born terrorists, as well as simplify the process of deporting suspected terrorists. France’s president said he plans to help police throughout France get access to more weapons, and he also plans to boost border security by hiring 5,000 additional officers specially trained to fight terrorism.

Security at the top tourist attractions, such as the Eiffel Tower, the Louvre, and the Basilica of Sacre-Coeur, which was already high, now have a much larger presence of police or soldiers, conspicuous in their camouflage uniforms and berets. Cops armed with machine guns are now more prominent on the city’s subway platforms. Visitors will find the city’s charm and spirit intact, but for the foreseeable future, tourists are sure to be confronted by reminders that France is at war.


parischurchcrowbar

French police broke down a church door to conduct a search during yesterday’s St. Denis raid. (Greg Sandoval)

One precaution that US visitors won’t find, at least immediately, is the bag checks on the subway. Since 9/11, it isn’t unusual for New Yorkers to see police at a subway entrance searching bags. This appears to be something the French are preparing to address. This week, Segolene Royal, France’s ecology minister, said she wanted authorities to investigate how X-ray machines can be installed at the country’s railway stations.

Historically, trains are a favorite terrorist target. ISIS, the terrorist organization which claimed responsibility for Friday’s attacks, launched a failed assault on a high-speed train bound for Paris last August. The man planned to shoot up the train but was subdued by three Americans. And the worst attack before the Paris assault was the 2004 bombings of commuter trains in Madrid, which killed 191 people.

Some in France are asking why the government didn’t take similar security precautions earlier, maybe after the murders last January of a policeman and 11 employees of French satirical publication Charlie Hebdo, or after the failed August train attack. The government did receive increased powers to monitor phone and email communications, and while some are pushing for greater surveillance powers, news came yesterday that the raid on St. Denis began with the discovery of unencrypted messages found on a phone near the Bataclan concert hall. Officials also said initially that Abaaoud planned the attack from Syria, a blow to the credibility of France’s intelligence operations.

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People gathered to mourn near the Paris attack sites. Greg Sandoval.

No doubt the question about why France didn’t move earlier to dismantle jihadist networks will continue to be asked. In the meantime, France must continue to learn from mistakes. One area that French police appear to need more mastery of is breaking down doors. In the St. Denis raid, police initially failed to blow open the metal front door of the suspects’ hideout, giving them time to arm themselves and open fire. Five policemen suffered non-life threatening injuries in the operation. A police dog named Diesel was killed.

Later, police also struggled to get past the wooden door of a nearby 19th century church they wished to search. I watched as they spent about 20 minutes pounding and prying with a sledgehammer and crowbar. Some onlookers in St. Denis, an area with a large immigrant population, made it clear they’re not fans of the police. A few hurled snide remarks about their inability to get past the door.

France’s president moved to limit some civil liberties and to provide more firepower for police

Perhaps the two most important moves made by France to protect itself is an attempt to rally allies in the fight against ISIS abroad. Hollande is expected to meet next week with US President Barack Obama and Russian President Vladimir Putin. Not only did the French military bomb Raqqa, the city that ISIS calls its capital, but the aircraft carrier Charles de Gaulle on Tuesday left the port of Toulon and is headed for the eastern Mediterranean.

The carrier will be accompanied by the British warship, HMS Defender. The Defender’s involvement sends a clear message that in its war against ISIS, France is not alone.

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Greg Sandoval <![CDATA[What it was like in Paris during the attacks]]> https://www.theverge.com/2015/11/14/9735918/what-it-was-like-in-paris-during-the-attacks 2015-11-14T16:53:20-05:00 2015-11-14T16:53:20-05:00
Rescue workers enter a triage area near Bataclan.

The body count was much lower. None of France’s iconic national symbols collapsed into a smoldering heap.

Nonetheless, the emotions of 9/11 were present in Paris on Friday night: the horror of not knowing who or where the murderous enemy was; the chaotic response from police and emergency workers as they scrambled to face simultaneous attacks; the gut-wrenching feelings of dread and loss.

I was in Paris’ 19th district, east of the city’s center, when a friend shouted over the music that there were multiple shootings in the 10th and 11th districts. Eventually I learned eight terrorists have attacked at least six separate locations in Paris, including the country’s national stadium, a concert hall and several bars and restaurants. Nearly 130 people were killed in the worst attack on France since World War II and Europe’s bloodiest terror attack in a decade.

The unmistakable expression of shock seen over and over on video of 9/11

But all I knew when a hard-driving cab driver dropped me two blocks away from Bataclan, a concert hall located in the city’s hip 11th district, was that at least 20 people were dead in places across the city. Bataclan is the sort of place that my girlfriend saw Aimee Mann perform; the night of the attack the Eagles of Death Metal had been mid-set when shots rang out.

About 30 minutes after I arrived, police would herd journalists further down the street, but I was close enough to see a large group of people walking away from the venue. I was told that they were inside the building and had escaped or were rescued. When the journalists, including me, approached the group, the police started shouting and warned us to move away. I got close enough to see people crying and recognized the unmistakable expression of shock seen over and over on video of the September 11, 2001 attacks.

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People console each other outside the Bataclan concert hall after the attacks.

I moved down the street to try to get closer to Place de la République, a large and historic public square close to the site of another attack. As I approached, I saw three policemen push a man on a motorscooter. They would shove and he would drive a few feet away and yell curses. The tension built as he refused to leave. Finally, a plainclothes officer pulled out a handgun and raised it high enough to hit the man in the thigh. Onlookers started to scatter. The biker held his ground for a few moments, but then drove off, the standoff over.

Everyone around seemed relieved. I was standing next to a man named David Benoliel, a 23-year-old. I asked him if he’d seen anything like that before. He nodded yes: just a few minutes before, a man had gone running toward a line of policemen standing outside Bataclan and they raised their submachine guns while yelling at him to stop. At this point in the night the attacks were ongoing and the terrorists were still killing. As far as police knew, they could be attacked at any time and by anyone.

“This situation is like Charlie Hebdo.”

But the man was crying, according to David. He told police and everyone else within earshot that he believed his son was inside and he implored them to let him in. David said the officers told him there was nothing they could do. He would have to wait.

“That was hard to watch,” said David. “This situation is bad. The situation is like Charlie Hebdo.”

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He was referring to the now famous attack on the satirical weekly newspaper last January. Two gunmen entered the publication’s headquarters and killed 11 people. David told me he was there; he’d arrived on the scene just moments after the terrorists murdered a policeman. He took me to his family’s apartment to show me that he indeed lived near the scene of the attack. We walked a block to the Hebdo headquarters and he pointed to the spot where he found the gunmen’s spent shell casings and the dead policeman’s blood and where bulletholes pocked the walls of nearby buildings.

“What’s happening to my city?” David asked. “I can’t believe this happening again.”

We cut through David’s apartment complex on our way back to Bataclan. To enter the building we stepped over a police sniper lying on the ground, fiddling with his rifle scope. Three police wearing balaclavas and machine guns strapped to their chests were sitting against a wall nearby. I couldn’t help but think: Is this is a new reality for Paris — for the West?

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Pools of blood on the street outside near Place de Republique early Saturday morning.

Walking up the Boulevard des Filles du Calvaire, near Bataclan, we saw total chaos. Sirens blared as ambulances raced away from the area and as police cars and trucks sped into it. I saw a woman with white hair and an oxygen mask covering her face carried into an ambulance. Hundreds of aid workers with red crosses on their orange jackets or vests were working in an area cordoned off to the press. Through my camera lens, I saw medics covering a body; the cloth draped over him blew off in the wind, revealing the man beneath. The medics carried the body outside of what appeared to be a triage area and left it there on the sidewalk.

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A man’s body is covered near Bataclan, the Paris concert hall attacked on Friday.

I followed a group of photographers bolting for the street and saw French President Francois Hollande walking fast up the street in my direction. I tried to get a photo but my view was either blocked by other photographers or the president’s security people, who push me out of Hollande’s way. He walked into a group of aid workers and disappeared. Hours later he appeared on TV to tell the world that ISIS is to blame for the attacks and that France will be merciless in its response.

“Vive la République et vive la France,” he said.

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Greg Sandoval <![CDATA[Megaupload’s Kim Dotcom takes the stand, fends off inquiries into finances]]> https://www.theverge.com/2015/10/8/9477521/kim-dotcom-testifies-megaupload 2015-10-08T01:54:33-04:00 2015-10-08T01:54:33-04:00
Kim Dotcom at extradition hearing | Greg Sandoval

Kim Dotcom, founder of the now defunct file-storage service Megaupload, made his long awaited appearance in a New Zealand court on Thursday.

Indicted by the United States on criminal copyright violations in January 2012, Dotcom testified at a hearing to determine whether he and three other former Megaupload executives will be extradited to the US to stand trial. For nearly four years, lots of legal jockeying has prevented the hearing from getting to court, and even now Dotcom’s attorneys seek yet another postponement.

The defense claims the US is trying to starve the defendants of resources. When the DOJ arrested Dotcom and six other Megaupload executives, it accused them of overseeing one of the all-time largest internet piracy operations. The men’s assets were seized and since then the feds have refused to release a cent for the defendants’ legal defense. In the meantime, the money Dotcom earned from other business ventures started subsequent to the Megaupload shutdown, was frozen last year following a civil complaint filed against him by the top Hollywood film studios.

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Ira Rothken, Megaupload’s lead lawyer told the court that without access to some of these funds, Dotcom and the accused executives can’t adequately defend themselves.

New Zealand prosecutors, arguing on behalf of the United States, aren’t buying these claims. During their cross examination of Dotcom they asked him how much money he spent in 2014 helping to launch the Internet Party, a New Zealand political group focused on protecting privacy and Internet freedom. On the stand Dotcom said he contributed between $4.6 to $4.8 million.

Prosecutors asked Dotcom how much he earned from the sale of shares in cloud storage service Mega, a company founded a year after his arrest. Dotcom told the judge the sale generated between $15 million and $20 million in New Zealand dollars, or about $13 million USD. Prosecutor Mike Ruffin then asked Dotcom why, with all this money, didn’t he put aside some for future legal bills? Why hadn’t he created a “fighting fund.”

Dotcom said that his first priority was to ensure his children’s education and the economic welfare of his wife, who is now estranged. Then he explained that he couldn’t have anticipated the Hollywood studios would grab money generated by business interests that had nothing to do with Megaupload.

“If I had a crystal ball or in hindsight, I probably should have done that”

“If I had a crystal ball or in hindsight, I probably should have done that,” Dotcom responded.

Dotcom seemed to become irritated with Ruffin’s line of questioning when the prosecutor asked why the Megaupload founder hadn’t used some of his living expenses to pay legal bills.

Dotcom said: “If i wanted to be homeless and fire all my staff and take my kids out of school, I could have done that, yes.”

According to Dotcom, the lack of resources has already led to serious repercussions. In February, Andrus Nõmm, an indicted former Megaupload programmer, plead guilty to felony copyright infringement and was sentenced to a year in prison. Finn Batato, one of the former Megaupload execs fighting extradition, said Nõmm is now cooperating with the DOJ.

Dotcom said via Twitter that the programmer simply ran out of money fighting extradition and was left with few choices.

Unless the judge overseeing the case, Nevin Dawson, agrees to the defense’s request to postpone the hearing or to throw the entire case out, it is expected to last at least another week.

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Greg Sandoval <![CDATA[Megaupload prosecutor wraps up arguments to extradite Kim Dotcom to the US]]> https://www.theverge.com/2015/10/1/9436735/megaupload-prosecution-wraps-up-kim-dotcom 2015-10-01T21:25:04-04:00 2015-10-01T21:25:04-04:00

For two weeks, Kim Dotcom and three other former Megaupload staffers accused of criminal copyright infringement were bombarded by accusations from New Zealand prosecutors.

To hear prosecutors tell it, Dotcom is the Joaquin “El Chapo” Guzman of illegal file sharing. The United States Department of Justice (DOJ) alleges that the defendants operated Megaupload as a criminal enterprise designed to profit from the illegal swapping of movies, music and software by users. A hearing is underway to determine whether New Zealand will extradite Dotcom, Mathias Ortmann, Bram van der Kolk, and Finn Batato to the US. Much is at stake for the four, who may eventually face lengthy prison sentences.

To this point in the hearing, it’s been all Christine Gordon, the lead New Zealand prosecutor, who argued on behalf of the DOJ. The impact of being accused of crimes for two weeks without the ability to challenge the allegations is “frustrating,” van der Kolk said following Wednesday’s hearing.

Defense lawyers have a lot of work to do

The executives can soon breath a little easier: Gordon is due to wrap up her arguments on Friday. The defense will then present its case.

Defense lawyers, who have always maintained the innocence of the four defendants, have a lot of work to do. Gordon has presented heaps of evidence culled from Megaupload’s internal emails and Skype logs. The information was obtained by the DOJ, which indicted the four in January 2012. It has enabled Gordon to use the executives’ own words to attack their claims they operated a legitimate service, one that strictly adhered to the Digital Millennium Copyright Act (DMCA).

“They deliberately introduced copyright-infringing material to their website,” Gordon told the court. “They deliberately preserved that material. They deliberately took steps to profit from that material, and made vast sums of money.”

For a period, Megaupload, founded in 2005, was the 13th most frequently visited website in the world. The service saw more than 1 billion visitors before it was shut down in 2012. Megaupload didn’t build that kind of following by hosting clips of funny pet tricks or family barbecues: it was well established that the site was one of the top places to go to watch pirated movies and TV shows. But the question at hand now is whether Megaupload’s managers can be held responsible.

The DMCA is the relevant copyright law in the US and New Zealand has similar requirements. For an ISP to qualify for protection against liability for customers’ copyright infringement, it must meet criteria. An internet service provider must not have knowledge of, or profit from, infringing content, and they must remove pirated materials as soon as they’re aware of them.

Gordon read from Megaupload’s internal documents, showing that executives on numerous occasions discussed specific infringing videos available on their site and what these videos meant to the company’s bottom line.

“We make profit off more than 90 percent infringing files.”

“That’s the big flaw in the rewards program,” van der Kolk told Ortmann via Skype. “We make profit off more than 90 percent infringing files.”

Gordon said that more than half of the viewing traffic on Megaupload was associated with material provided by people accused of infringing multiple times. She said Dotcom called them “the special people.”

Megaupload induced piracy by paying more than $3 million as part of its rewards program to people whose videos attracted large viewership, Gordon told the court. She said most of those users were repeat infringers, and illustrated her claim with an anecdote about a user identified by the letters “TH.” Gordon said Megaupload paid TH $50,000 after the videos he uploaded accumulated 18 million pageviews and helped Megaupload generate more than $112,000 in premium subscription sales. According to the DOJ, Megaupload, during its seven-year existence, generated $25 million in total ad sales and $150 million from selling subscriptions to its premium services.

But did Megaupload execs know TH violated copyright law? Gordon said it’s inconceivable that they didn’t. TH generated more than 1,000 takedown requests from copyright owners, all processed by van der Kolk. Did Megaupload suspend or boot TH from the service as required by the DMCA? On the contrary, says Gordon: the company increased his server capacity to 2.5 terabytes to accommodate his large stash of infringing files.

On the issue of takedowns, Gordon asserts that Megaupload’s system was a sort of shell game. A copyright owner could request the removal of links directing people to a file containing pirated material, but Megaupload’s system ensured hundreds of other links would point to the same file. According to Gordon, Megaupload’s takedown system was useless and she alleged Dotcom purposely made it so.

“We have the incredible spectacle of [Megaupload] processing takedown notices,” Gordon said, “while at the same time paying many of those same repeat offenders.”

After all that, keep in mind a few things: In the famed case of Viacom v. YouTube, Viacom said it discovered within YouTube’s emails proof of management’s ill intent and direct knowledge of infringement. “[We should grow] as aggressively as we can through whatever tactics, however evil. [The site is] out of control with copyrighted material … [If we remove] the obviously copyright infringing stuff … site traffic [would] drop to maybe 20 percent” … steal it!”

YouTube’s lawyers said Viacom spliced those quotes together and presented them out of context. That case eventually was settled, and of course, YouTube still operates.

Ira Rothken, the attorney in charge of Megaupload’s worldwide defense, declined to provide specifics about his legal strategy, saying only “we’re confident we will prevail.”

“We’re confident we will prevail.”

Notably, one prominent US copyright attorney has told the court in New Zealand that the DOJ’s argument has “no legal basis.” Lawrence Lessig, activist, copyright expert, and US presidential candidate, two weeks ago filed an expert opinion on behalf of Megaupload.

Among Lessig’s criticism of the DOJ’s position is that the government has only accused Megaupload of helping people pirate content, or “secondary infringement.” Lessig argues that to throw someone in jail for piracy, proof is needed that he or she were the ones who uploaded the infringing material. “Such allegations,” wrote Lessig, “may be relevant in a civil case alleging secondary infringement but they cannot be a basis for criminal charges.”

The biggest problem for Megaupload appears to be that this is not an actual trial: the only threshold that the prosecution must meet is to convince Judge Nevin Dawson there is enough evidence to justify a trial. If the four defendants are extradited, their fate would be determined in the United States.

The defense is scheduled to begin early next week.

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Greg Sandoval <![CDATA[After nearly four years, is it time to just settle the Megaupload case?]]> https://www.theverge.com/2015/9/28/9409847/megaupload-extradition-hearing-kim-dotcom 2015-09-28T15:41:44-04:00 2015-09-28T15:41:44-04:00

Kim Dotcom had just exited a courthouse in New Zealand on Monday when I asked him to pose for a picture under a large mural across the street. It was a very decent copy of Michelangelo’s The Creation of Adam.

He looked up at the painting and said: “That’s a copyright violation. Can’t do it.”

Coming from one of the world’s most notable accused copyright violators, the line was funny. What isn’t so funny is that after nearly four years, his court fight continues to drag on. Last week, an extradition hearing finally got underway and it will determine whether Dotcom and three other Megaupload executives will be sent to the United States to face criminal copyright violations and related charges.

The now-defunct Megaupload was a web storage service where millions of worldwide users went to share unauthorized copies of films, songs and other digital entertainment. He was arrested in a dramatic police raid in January 2012, and since then, Dotcom has continually blasted the US Department of Justice and New Zealand prosecutors, who are arguing the case on the DOJ’s behalf, for wasting millions in taxpayer money.

Who can forget that New Zealand dispatched platoons of machine-gun wielding policemen to storm Dotcom’s house by helicopter?

In court on Monday, as I watched the judge, dozens of lawyers, legal assistants, security guards, and other staff supporting this case, it began to dawn on me the enormous public resources dedicated to stopping people who are sharing media without permission. That when Dotcom’s assertions about the whole thing being absurd started to resonate.

Who can forget that when New Zealand arrested Dotcom, they dispatched platoons of machine-gun wielding policemen to storm his house by helicopter? Since then, thousands of documents have been processed during dozens and dozens of court proceedings. And whichever side loses the issue of extradition will undoubtedly appeal, and resolving just that issue will take years. In the courtroom, I begin to wonder if it wasn’t better for everyone — including the copyright owners — to settle the case out of court.

The DOJ alleges that Megaupload cost the Hollywood studios hundreds of millions of dollars, and there’s no denying that the service was a favorite destination for people across the globe to share pirated content. There’s also no denying that some of the conversations between Dotcom and the other defendants, obtained by the DOJ from Skype conversations, sound damning. “If copyright holders would really know how big our business is, they would surely do something against it,” said Bram van der Kolk, according to the transcripts. “They have no idea we are making millions in profit every month.” The defendants have yet to present their side at the hearing.

Haven’t the stakeholders already achieved most of their goals?

Even if the DOJ and the big music and film companies eventually win a conviction against Dotcom, what is there left to gain by dragging him back to the States and tossing him in jail? Haven’t the stakeholders already achieved most of their goals?

Megaupload is dead. Many of the assets belonging to Dotcom and the other defendants, which are estimated to be worth more than $50 million, have been seized. Even if Dotcom resurrected Megaupload tomorrow, it’s doubtful the service could mount a comeback in a drastically changed competitive climate. The company would have to compete in the web storage segment against heavyweights such as Amazon, Google, Dropbox, and Apple. YouTube, Spotify, Pandora, Amazon, and Netflix now offer licensed and legal content that is either free or dirt cheap.

Surely, piracy still exists in a significant way, but there are signs it’s in decline. Music sales for the first half of the year were $3.2 billion, which is about what they were during the same period in 2014. Sales have held steady for the past several years and this compares favorably to the decade before, when it wasn’t unusual to see annual sale decreases of 10 percent or more.

And is Dotcom worth anything as a cautionary tale? If people at the film studios and music labels are determined to make an example of him, then they’ve accomplished their mission. He has lost his money, been arrested at gunpoint and saw his business destroyed. After all this time, wouldn’t a better solution for copyright owners — as well as US and New Zealand taxpayers — be a negotiated settlement?

There’s certainly a precedent. The music industry didn’t try to throw Mark Gorton, the founder of Limewire, into jail — even though Gorton cost the labels trillions of dollars in damages, according to the RIAA. Instead, they sued him and forced him to pay $105 million.

The DOJ won’t look good if they fail in their attempts to extradite

The Hollywood film studios didn’t lock up Anton Titov, founder of Hotfile, a Web storage service that the studios said adopted an “identical business model” as Megaupload’s. The studios won a judgment in court and Titov was forced to shut down his service. And this is where it gets interesting: the MPAA, the trade group representing the film studios, said that Hotfile agreed to pay compensation of $80 million. However, news site TorrentFreak culled emails from Sony Pictures that were leaked by hackers last year, and these indicate the top studios only required Titov to pay $4 million.

If that’s true, then it shows the studios are very interested in being able to ballyhoo big settlements, presumably to use as deterrents. With Megaupload, they could legitimately claim to have recovered the $50 million that’s been seized. They could also try to negotiate with him to get an even larger sum. This way, the studios could conceivably keep the money instead of the DOJ.

Then, there’s the question of risk. The DOJ won’t look good if they fail in their attempts to extradite. If they’re successful, what will a jury think about the way he was arrested, methods typically reserved for terrorists and narco kingpins? A loss would be a hit to their credibility, and they could inadvertently turn Dotcom into a bigger celebrity than he already is. For the studios, that would be a nightmare.

A settlement looks like a better option by the day.

Correction: This story incorrectly spelled the name of Mark Gorton, the founder of Limewire.

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Greg Sandoval <![CDATA[Without government help, rural Nepalese try to move past a devastating earthquake]]> https://www.theverge.com/2015/5/5/8552659/nepal-earthquake-recovery-no-rural-aid-from-government 2015-05-05T11:43:23-04:00 2015-05-05T11:43:23-04:00

Spread out below the hillside village of Nagarjun is Kathmandu, Nepal’s capital and largest city. And for the people who live in the hillside village, the proximity makes their situation all the more frustrating. Though the villagers are just a short drive from their country’s seat of power, nobody from the government has contacted them about receiving aid, and it’s been more than a week since Nepal suffered a magnitude 7.8 earthquake responsible for the deaths of at least 7,200 people.

A lot of press has been generated in the past few days by the inability of Nepal’s government to deliver earthquake relief to the country’s remote regions, but a visit to some of the rural areas less than an hour’s drive from Kathmandu shows that those living in the city’s backyard haven’t fared much better.

In visits to places like Nagarjun and Chobhar, which is about 7 kilometers southwest of Kathmandu, I found that people aren’t putting much stock in government promises of assistance or international aid. It’s barely been a week since many of these individuals saw their homes damaged or destroyed or loved ones killed, and already they’re scavenging for building materials, laying down brick, and seeking loans.

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Bai Lal Maharjan, in black, surveys the bricks he and has family salvaged from his home, which buckled during Nepal’s earthquake. (Greg Sandoval)

Bai Lal Maharjan, in black, surveys the bricks he and has family salvaged from his home, which buckled during Nepal’s earthquake.

“We haven’t seen anyone [from the government], and we really don’t expect to,” said Radme Shyam Lama, 46, a businessman who lives in Nagarjun. “We hope they help us with money, but we must act as if we are on our own.”

Many Nepalese must now labor under unthinkable circumstances. The impact from the loss of life can’t be overstated: on one block in Chobar, for example, 10 people lost their lives, including a 12-year-old girl. Whatever else happens to Nepal in coming days, some of the people here will provide the world with a lesson in resilience.

“We haven’t seen anyone [from the government], and we really don’t expect to.”

They have little choice but to move fast, says Lama. The monsoon season starts in less than a month, and the flimsy tents that many Nepalese are living under won’t protect them from the heavy rains, he said. Lama’s family want out of the tents as soon as possible and have set to work building more stable temporary shelters, using corrugated tin and bamboo poles stripped from irreparable structures.

On Friday, Lama also put his nephew and another man to work repairing his parents’ home. Lama has repaired septic tanks and water-filtration systems in the area, skills he also put to use in 2005 working for companies providing support to US troops in Iraq. The same day, some of the women from the village anxiously accompanied a representative from an Italian non-governmental organization, which focuses on supporting Nepal’s schools, as he assessed damage to a local campus. The women are hoping to get the school reopened soon.

The same sort of activity could be found in Chobar on Saturday. Bai Lal Maharjan, 59, had already made plans to build a new home using salvaged bricks from the house he lived in for decades, which collapsed around him as he stood safely in a doorway during the quake. On Saturday, he and his family were crouched near a waist-high pile of bricks using hammers and chisels to chip off old cement. They tossed the broken and cracked bricks away. While watching Bai Lal work, it was hard to fathom that just a few days before, he watched as his younger brother’s lifeless body was pulled from the rubble of his home.

The same goes for Bishnu Maharjan, a relative of Bai Lal who lived nearby. Bishnu, 31, is the father of the 12-year-old girl who died. A week after her death, Bishnu could barely discuss the girl as he tried to clean up some of the debris at his home and quickly find suitable shelter for his wife and son. In a few weeks, he is due to leave for Kuwait for his job as a security guard. Bishnu is among the more than 4 million people from Nepal, mostly men, who leave to work abroad every year, according to the Overseas Development Institute, a think tank focused on humanitarian issues.

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“We were living in bombs,” said one resident of a village near Kathmandu where 10 people lost their lives. (Greg Sandoval)

“We were living in bombs,” said one resident of a village near Kathmandu where 10 people lost their lives.

That’s just one of the challenges some people face here when trying to patch their lives. All the people I spoke with who say they planned on applying for a bank loan acknowledge that obtaining one is typically very difficult in Nepal. And even if they do, interests rates are high. What’s more, people like Lama are still paying off loans for their now-destroyed houses.

“We’re back in huts. This is natural. This is the natural way of things.”

Few people in Nepal appear to have even heard of homeowner’s insurance — there just isn’t that kind of of safety net available here to most Nepalis. The good news is that the government has promised to compensate the family members of those who died, but the government has a terrible record of making good on these kinds of death benefits, according to reports.

Nevermind the money, says Koman Singh Lama (no relation to Radme), who is from Kavre. He said, while attending the cremation of an 83-year-old neighbor killed in the temblor, that he and his village would be happy if someone from the government just returned his calls. He said they have made “countless” requests for tents but have yet to receive a response.

Said Radme Shyam Lama, the businessman from Nagarjun: “We started out in huts and then moved to bigger, more modern homes. We’re back in huts. This is natural. This is the natural way of things.”

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Greg Sandoval <![CDATA[Nepal’s earthquake survivors are struggling to mourn the dead]]> https://www.theverge.com/2015/4/29/8515341/nepal-earthquake-hindu-pashupatinath-temple 2015-04-29T15:42:50-04:00 2015-04-29T15:42:50-04:00

Former Verge reporter Greg Sandoval has been traveling the world, most recently spending several weeks in Nepal. This is his firsthand account of the enormous tragedy locals face after the devastating earthquake on April 25th.

Pashupatinath Temple is a place connected to death and mourning in ways that are unlike anything in the Western world.

Hindus have for years traveled to Pashupatinath to place their loved ones on funeral pyres and grieve in front of tourists and onlookers, a spectacle that couldn’t be any different from a funeral in the United States. The temple complex straddles both banks of the Bagmati River near the center of Kathmandu, Nepal’s capital. On one of its banks are the stone platforms where the funeral pyres burn; on the other is a viewing area.

The 1,500-year-old temple complex is sacred to Nepal’s 23 million Hindus. It is one of the world’s best-known sites for cremations, performing them along the banks of the river. Now, as the death toll from Nepal’s earthquake continues to climb — estimated now to be near 5,000 — the temple is struggling to keep up with the surging number of bodies coming in.

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A boy looks out at the Bagmati River while the body of his mother is cremated on the grounds of the Pashupatinath Temple, a sacred Hindu site. (Greg Sandoval)

As of Monday, Pashupatinath’s staff had performed 286 cremations since Saturday’s quake, and many more are scheduled, according to a report in The Washington Post. Because so many of the dead and bereaved are arriving at the temple from around the country, Pashupatinath has become a place where the enormity of the nation’s suffering and sense of loss is concentrated and in full public view.

I’ve been traveling in Nepal as a tourist for more than a month. I first visited Pashupatinath in early April; during a second visit Tuesday, I noticed dramatic differences. On the first tour, I saw three cremations started over a period of 90 minutes, while onlookers snapped pictures from the viewing area and children played on the hills above. On Tuesday, I saw only anguish: all the platforms held burning bodies as dozens of women sobbed. Some were trying to hold a crying woman upright. Nearby, corpses swaddled in white cloth lie on the ground. Some people were even stacking wood to build their own fires downriver.

“We don’t know what to say about the world,” said Harikrishna Thakuri, 31. “We don’t know why God is cheating us, all the bad things happening in Nepal now.”

Thakuri spoke as he stood just a few feet from where the body of Laxmi Thakuri, his aunt, was being consumed by flames. Laxmi, a housekeeper, was killed in Kathmandu’s Durbar Square area after being struck by falling debris on her way to work. Harikrishna says his aunt had departed the home of relatives only 10 minutes before the earthquake hit. On the viewing side of the river, I noticed a large crowd had gathered. When I crossed to take a look, I saw people trying to comprehend a cruel equation: one family, six bodies.

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The body of an earthquake victim is brought to Pashupatinath Temple for cremation. (Greg Sandoval)

The bodies were lying side by side, covered by flower petals strung together. One of the victims’ sons rested his forehead at the feet of his father. Even for a people who are familiar with civil war and have seen entire villages swept away in landslides and avalanches, the sight of a family’s tragedy is overwhelming. Many weep.

The six victims died when the earthquake toppled the 200-foot Dharahara Tower, among Kathmandu’s biggest tourist draws, according to Mohan Limbu, 30, one of the victims’ relatives. The tower has become a media symbol for the disaster.

Among the dead was Limbu’s 23-year-old female cousin and an aunt and uncle who were both in their early 40s, he said. In a tragic twist, while the world was glued to TV video of the destroyed tower, Limbu and his surviving family members had no idea that the six were there. “They went sightseeing, but we didn’t know where,” said Limbu, a teacher. “We called and called each of them, but nobody answered. Someone picked up on Sunday, but it was a policeman.”

“We called and called each of them, but nobody answered.”

I couldn’t help noticing that the bodies of the six victims seemed to be carefully prepared for cremation, but many others were not. During my first Pashupatinath tour, all three men were neatly covered; great care was spent on their religious rites. On Tuesday, limbs stuck out from under pyre logs. Flies swarmed. I saw trucks driving into one of the complex’s side entrances with bodies loaded on the roof. I wondered if these sorts of images were hard on relatives.

And the work is far from done: four days after the quake, Nepal’s government has yet to recover corpses still buried in the rubble of collapsed buildings.

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A body burns on a funeral pyre at Pashupatinath Temple. The number of cremations at the temple has spiked since Saturday’s devastating earthquake. (Greg Sandoval)

On Tuesday, I had to gird myself while watching the cremation of 15-year-old Milan Bhandari, who had dreams of becoming a doctor but was killed when his family home collapsed, according to relatives. It was hard to speak or make eye contact with the sons of Laxmi Thakuri, the woman who died in Durbar Square, while their mother’s body burned just a few feet away. The face of one of the boys appeared tear-stained; the expression on his face made me think he might be scared and confused. I wondered how many other of Nepal’s children were at the same moment trying to understand the concept of death.

Fortunately, there are signs now that the government is moving in the right direction. One of the most encouraging developments came Tuesday night when the power returned. On Wednesday, the sound of merchants lifting metal shutters from their storefronts woke me up. People began shoveling debris.

That’s when I remembered that the Nepalese are famous for their ability to endure. The Sherpa, the ethnic group from Nepal’s Himalayas region, are some of the world’s most famous mountaineers, celebrated for shouldering heavy loads as they scale the world’s highest peaks. Then there’s the Gurkhas, the legendary soldiers from Nepal’s hill tribes known for their stamina, discipline, and bravery. An Indian general once said: “If a man says he is not afraid of dying, he is either lying or a Gurkha.”

That’s good, because it’s going to require a lot of strength to get past the horrors that Nepal has endured in the last four days — and the hardships that are likely still ahead.

Correction: This post initially mis-spelled “Durbar Square” as “Dunbar Square.”

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