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DOTCOM saga - updates
IainB:
Some more news from the latest legal proceedings:
* NZ Herald: Dotcom: FBI must prove its case
* Stuff: US appeal on Dotcom evidence dismissed
* Scoop: Dotcom wins access to evidence to prevent 'unfair hearing'
* TorrentFreak: Kim Dotcom Must Be Allowed To See FBI Evidence Against Him, Court Rules
IMHO, the latter provides a good summary:
(Copied below sans hyperlinks.)
Kim Dotcom Must Be Allowed To See FBI Evidence Against Him, Court Rules
The bid to have Kim Dotcom extradited to the United States suffered a significant setback today. US authorities had insisted there was no need for them to reveal the evidence they hold against the Megaupload founder. But today a New Zealand judge upheld an earlier decision and ordered the US to reveal the evidence they are relying on to have Dotcom and his associates shipped to the United States, including details of covert operations and confidential discussions with rights holders.
Responding to a request from Megaupload’s legal team, Judge Harvey at the North Shore District Court ruled in May on whether the United States government should be forced to reveal the evidence it holds on Kim Dotcom and other defendants in the case.
Megaupload said they have a right to see the case being built against them but the United States insisted that no right to disclosure exists. Judge Harvey disagreed with the prosecution and ordered disclosure of all documents relating to the alleged crimes of the so-called Megaupload Conspiracy.
“In my view there must be fairness and the hearing and balance must be struck, otherwise the record of case becomes dominant virtually to the exclusion of everything else and places the extradition process in danger of becoming an administrative one rather than judicial,” the Judge wrote. He later stepped down after allegedly describing the United States as “the enemy”.
Refusing to concede defeat, US authorities pushed back and sought a judicial review of Judge Harvey’s ruling. In a judgment today, the High Court upheld the earlier decision handed down in the North Shore District Court.
Justice Helen Winkelmann dismissed the application for a judicial review, noting that without disclosure of the evidence, Kim Dotcom and his co-accused – Mathias Ortmann, Finn Batato and Bram van der Kolk – would not be able to mount a full and proper defense in their extradition hearing.
“Without disclosure [Kim Dotcom and associates] will be significantly constrained in [their] ability to participate in the hearing, and the requesting state will have a significant advantage in terms of access to information,” the ruling reads.
--- End quote ---
The documents to be disclosed are significant in their scope, encompassing all elements of the case from the allegations of infringement, through to information being held on the nature of the Megaupload rewards program. Interestingly, as part of a section marked Criminal Breach of Copyright, the ruling says that US authorities must disclose:
* – All records obtained or created in connection with the covert operations undertaken by agents involved in the investigations related to these proceedings in transacting and uploading/downloading data and files on the Megaupload site.
* – All records or information and/or material provided to or obtained by the investigation and/or prosecuting agencies by the investigating and/or prosecuting agencies in this case from holders and/or owners of copyright interests evidencing alleged infringement of their copyright and/or complaining of such infringement.
* - All records and materials related to communications between relevant copyright holders and Megaupload and/or its employees regarding their copyright interest, the direct delete access provided by Megaupload to any such copyright holders, and any communications between the copyright holders and Megaupload and/or its staff regarding take-down notices.
Today’s ruling marks a significant victory for Kim Dotcom, his associates, and their legal team. Access to the evidence against them has been ruled crucial to the defendants being able to mount a proper defense, something that the US authorities have tried to deny. Last week Dotcom promised more revelations – they are now almost certainly on their way.
The extradition hearing is currently expected sometime early 2013.
--- End quote ---
IainB:
Dotcom secures $6m for lawyers, living costs
(Copied below sans hyperlinks.)
By David Fisher
2:39 PM Wednesday Aug 29, 2012
Kim Dotcom. Photo / Steven McNicholl
Kim Dotcom has secured the use of $6 million from seized funds to pay for his lawyers and cover living costs.
A decision from the High Court at Auckland has cleared the way for Dotcom to pay current and future legal bills of $3.6m - a decision which has trumped efforts by the police to shut down the internet tycoon's access to seized funds.
The money comes from a $10m government bond which was seized by the government on behalf of the United States as part of its internet piracy case against Dotcom and those involved in his Megaupload filesharing company. The United States position is that all the money and assets of Dotcom were gained through criminal copyright violation by internet piracy.
The ruling from Justice Judith Potter has also allowed Dotcom to sell some of the cars which were seized during the January raid. Among the vehicles to be sold is his modified and much-loved Mercedes E500 and a 2008 Rolls Royce Coupe.
The money freed up by the high court covers $2.6 million in current legal fees, another $1 million of future costs and $1 million rent for the $30 million north Auckland mansion where he and his family live.
Dotcom and three colleagues from Megaupload are facing extradition to the United States on a range of charges stemming from the Megaupload case.
The case is set to be heard in March.
--- End quote ---
IainB:
Interesting. A very belated announcement (claims he was told by the director of the GCSB on 2012-09-17) by NZ Prime Minister John Key regarding illegal GCSB spying in the Dotcom case.
This has now given rise to the not unreasonable question as to whether John Key may actually find it difficult to maintain (as he had done) that he had no prior knowledge of the Dotcom raid - stating that he had not heard of Mr Dotcom until the day before the police raid was carried out. This could have seemed quite surprising to the majority of Kiwis, considering the international implications of the Dotcom raid.
Thin ice. If he can't solidly support his statements with some compelling facts or otherwise pull a rabbit out of his hat, then I suspect that he may run the risk of becoming dog tucker come the next election. He has been evasive, if not dissembling, on at least one other matter, I gather.
(NZ Herald post Copied below sans embedded hyperlinks.)
Dotcom: Illegal spying revealed
Updated 2:31 PM Monday Sep 24, 2012
An inquiry is to be launched into the illegal interception of communications by the Government Communications Security Bureau (GCSB) during the Megaupload case, Prime Minister John Key says.
Mr Key said he had requested the inquiry by the Inspector-General of Intelligence and Security into the circumstances of unlawful interception of communications of certain individuals by the GCSB.
Mr Key said the Crown filed a memorandum in the High Court in the Megaupload case advising the court and affected parties that the GCSB had acted unlawfully while assisting the police to locate certain individuals subject to arrest warrants issued in the case.
The bureau had acquired communications in some instances without statutory authority.
The Prime Minister was told about the matter by the director of the GCSB on September 17 and referred the bureau's actions to Inspector-General Paul Neazor.
The inspector-general is an independent statutory officer with the power to enquire into any matter related to a government intelligence agency's compliance with the law.
Mr Key expressed his disappointment that unlawful acts had taken place.
"I expect our intelligence agencies to operate always within the law. Their operations depend on public trust.''
Mr Key said he has also asked the inspector-general to recommend any measures he considered necessary to prevent such acts from happening again.
"I look forward to the inspector-general's inquiry getting to the heart of what took place and what can be done about it.
"Because this is also a matter for the High Court in its consideration of the Megaupload litigation, I am unable to comment further,'' he said.
Labour leader David Shearer said the alleged illegal spying amounted to a "shocking breach" of New Zealand law.
He said Mr Key needed to explain a claim he had not heard of Mr Dotcom until the day before a police raid was carried out at his Coatesville mansion.
Mr Key would have been called on to authorise monitoring carried out by the GCSB, Mr Shearer said.
"While it's been revealed that 'some' bugging was done illegally, it is not credible to think that other monitoring by the agency was not signed by the Prime Minister before the raid was carried out.
"This is not about national security. This is about John Key's own word and whether he has told the truth to New Zealanders."
New Zealand First leader Winston Peters said Mr Key had failed in his responsibility to oversee the GCSB and the New Zealand Security Intelligence Service.
His actions showed a "mega disregard" to his role and his actions amounted to "dereliction of duty", Mr Peters said.
"The taxpayers of New Zealand are about to pay a fortune to Mr Dotcom because of the Prime Minister's cavalier disregard for his responsibilities.
"Mr Key appears not to care about the security of New Zealanders, and is instead more concerned with photo opportunities, three-way handshakes at rugby games, and prancing down fashion runways."
Shortly after Mr Key made the announcement this afternoon, Dotcom tweeted: "The NZ equivalent of the CIA has spied on me UNLAWFULLY''.
Last week the Court of Appeal reserved a decision on whether Dotcom would receive disclosure from the US Government in its case against him.
The US government had lodged an appeal against a ruling that required them to disclose all evidence in its internet piracy case against him in order for a fair extradition hearing.
Dotcom, Finn Batato, Mathias Ortmann and Bram Van Der Kolk are defending accusations of copyright infringement and money laundering.
--- End quote ---
TaoPhoenix:
"You seem to think rationality will preval". >:(
IainB:
"You seem to think rationality will preval". >:(
-TaoPhoenix (September 24, 2012, 12:15 AM)
--- End quote ---
Eh? What? Was that directed at me?
If it was, then no, I don't expect rationality to prevail. I mean, it seems to have been generally irrational most of the way so far, so why should that change? However, I would hope that the NZ judiciary could be rational about it though, and so far they don't seem to have done too badly.
No-one should expect sanity at a Mad Hatter's tea party.
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