According to a report from the Associated Press, federal prosecutors stated that files in Megaupload could be deleted as early as Thursday, February 2.

The site has been inaccessible to users since the US authorities blocked the site, along with the arrest of Megaupload founder Kim Dotcom together with other Megaupload employees Bram van der Kolk, Finn Batato, and Mathias Ortmann.  The fifth person arrested, Andrus Nomm, a citizen of Estonia and a resident of both Turkey and Estonia, was also charged with engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering, and two substantive counts of criminal copyright infringement.  Seven were charged and the government is still working on arresting the two others.

Megaupload hires third party companies such as Carpathia Hosting Inc. and Cogent Communications Group Inc. to store user files, but according to Megaupload attorney, Ira Rothken, the company’s money had been frozen so these third party storage companies aren’t getting paid.

The U.S. Attorney’s Office for the Eastern District of Virginia filed a letter in the Megaupload case stating that the government copied some data from the servers but did not physically take them.  And since they already executed their search warrant, they no longer have the right to access the data.  Carpathia and Cogent will now start deleting Megaupload files.  Spokespersons for the two companies and for the U.S. Attorney’s Office declined to comment.

Rothken is said to be working with prosecutors trying to prevent Megaupload data from being deleted.

“We’re cautiously optimistic at this point that because the United States, as well as Megaupload, should have a common desire to protect consumers, that this type of agreement will get done,” Rothken said.

Users of Megaupload were not given a chance to get their files, legal or not, and they are not very pleased with the situation.  It’s one thing to block the site but if files get deleted, then that’s another story.  The Pirates of Catalonia, along with other Pirate Parties, are organizing a massive class action lawsuit against the US government stating that the FBI violated Articles 197 and 198 of the Spanish Penal Code by misappropiating personal data.  The group is asking for support and donation from those users affected by the Megaupload shutdown.