Megaupload Co-Founder Allowed Bail

New submitter masterfpt writes "TorrentFreak is running the following article: 'The co-founder of Megaupload has been freed on bail by a judge in New Zealand. Mathias Ortmann will be the subject of strict conditions including no Internet access. The U.S. will now rely on a United Nations treaty to extradite the Mega team. Separately, it was revealed that the FBI remotely monitored last month's raids and congratulated New Zealand police on their work.'"

Comments

Who's a good police force? You are! Yes you are!

[elrous0]

the FBI remotely monitored last month's raids and congratulated New Zealand police on their work

Did they FBI at least have the decency to give them the promised snausage treat?

Re:Who's a good police force? You are! Yes you are

[Theophany]

Ask Anonymous, they were listening in on the call.

Internet Ban

[Aladrin]

Why did they bar him from using the internet? What are they afraid he'll do, start another illegal website?

If they're afraid he'll try to hide evidence, they'd have to cut him off from all contact, since others could easily just do the hiding for him.

Do they bar people accused of telephone fraud from using the telephone?

I'd understand if it was a car or gun, where he could do something stupid with it, but the internet?

Re:Internet Ban

[Anonymous Coward]

There is a belief that computer criminals are able to cause nuclear attack by whistling into a phone, people are scared of what they dont understand etc.

Re:Internet Ban

[Xest]

It's to stop him being able to carry out valuable research, or contact people who could aid in his defence.

In other words, it's to make it harder for him to build a defence now they've stitched him up.

Re:Internet Ban

[Rich0]

The modern judicial system recognizes that convicting people is hard. Therefore, the process has been engineered to be as punitive as possible before a verdict is rendered, and to tarnish your reputation as much as possible after the verdict is rendered regardless of what it is.

Get accused of a crime, step one execute a search warrant and be sure to generally destroy all your personal property in the process of rummaging through it. Step two is to grab any computers you own and hold onto them for several years as evidence. That computer you bought for $1500 last week will get returned to you just in time for you to claim a $100 tax deduction when you give it away to a local school. Step three is to drag you through the press. Step four is to charge you with 47 life sentences and a bazillion dollars in fines, and then try to get you to plea to 15 years in prison. If they can't get you to accept the plea they just make the proceedings long and expensive - since so much is at stake you can't afford not to mount a vigorous defense. Oh, if they can seize any property without a trial under forfeiture, we go ahead and do that too.

By the time it is all over, a guilty verdict is just the icing on the cake for the authorities. They've sent a clear message regardless of the outcome.

Re:Internet Ban

[PopeRatzo]

I'd understand if it was a car or gun, where he could do something stupid with it, but the internet?

You don't think people can do "something stupid" with the Internet?

But I agree that this whole thing is bullshit. Why is this guy even in custody? The CEO of MF Global stole billions from lots of people, including seniors and retirees, but I'll bet he's having a nice brunch at some Manhattan eatery about now, or playing squash at some exclusive "athletic club". The bankers at Bank of America admitted to widespread fraud (which is a crime. not a "white collar" crime, but a crime crime. if I sell an old couple a used car and give them a forged title, I will go to jail. Bank of America did that to the tune of a quarter trillion dollars in mortgages, but they get off by paying $5mil in "value" which is like me paying my credit card with a ball of string, which I happen to value at $758.12 (the current balance on my credit card, since I went a little overboard last month, with Valentine's Day and buying a new video card and stuff.).

Justice is for the rich. The rest of us get stepped on.

Who did the founder of Megaupload hurt? Show me the damage.

Re:Internet Ban

[X.25]

So does this mean New Zealand doesn't have full disclosure laws like Canada does? Remind me not to go there. For those that don't know in Canada, when you're accused of something, you get a thing called full disclosure. Showing all of the evidence against you, and I do mean all. Every single bit, right down to how they did what they did, and when they started doing it.

To put things into perspective...

Megaupload founders have been arrested, all of their assets have been frozen, their company has been destroyed, user files might be lost, bail has been delayed for 2 people who had it granted almost 2 weeks ago (police had to 'inspect premises', which seemingly takes more than a week), they have been 'demonized' in media... all of that without DoJ/FBI presenting *any* evidence to New Zealand police, or the court (for extradition case). Everything was seemingly based on the indictment document, which is not evidence but speculation (and fishing expedition - you should really read it). Judge that was deciding on bails said that he doesn't know whether case against Megaupload (in NZ) will be strong or not, because FBI has not presented any evidence to them. First extradition hearing is scheduled for 22nd of February (unless it was moved), and some evidence should be filed by then. We'll see.

That 3news reporter tried to talk to NZ ministry of justice and police, in order to find out what evidence FBI possibly presented to them before the operation, but nobody would talk to him. Governments are run like private companies now, they even get to decide whether they'll talk to people who pay their salaries.

I don't want things like this to happen. I don't want that UK guy to get extradited to the US for hosting a forum with links to 'copyrighted material. I don't want that journalist to die in Saudi Arabia because of a tweet. I don't want US threatening Sweden in order to get The Pirate Bay guys tried in court.

But people don't seem to care anymore, they think none of this affect them.

How wrong they are, they will learn in few years time :(

Real crime

[roman_mir]

It's good to see the governments doing what their citizen given mandate is asking them to do. Not making sure that the money is good enough to support the economy. Not making sure that the States are not engaging in anti-competitive behaviour, such as requiring different professionals to license in every State (well, at least your driver license is good everywhere, yes?) Not making sure that the government is not treating different groups of citizens preferentially based either race, gender, age, political or religious affiliation or size of the bank account. Not making sure that the will of the people is actually exercised whenever a new war is started or another individual is arrested or even killed without a warrant and a court order and a day in court. Not making sure that the country is on an actual solid economic path in terms of total government spending, borrowing, printing, taxing, regulating. Not making sure that the trade is in fact free.

But the government is doing what all the citizens want it to do - fighting the absolute evil that the people of the world are facing - distribution of copyrighted materials.

FBI is doing a good job, it has absolutely paid for its own existence, as the Constitution mandates it to be. Now it's just a matter of ensuring that the criminals, these terrorists are properly and Constitutionally renditioned to the best and most aligned foreign ally that USA has - Saudi Arabia, and that the warrant says: Muslim apostates.

Re:Am I missing something?

[chrb]

Congress gave them the power

Overview of the Legal Attaché Program The FBI’s legal attaché program was developed to pursue international aspects of the FBI’s investigative mandates through established liaison with principal law enforcement and security services in foreign countries and to provide a prompt and continuous exchange of information with these partners. The FBI currently has 60 fully operational legat offices and 15 sub-offices, with more than 250 agents and support personnel stationed around the world. The growth of transnational crime caused by the explosion in computer and telecommunications technology, the liberalization of immigration policies, and the increased ease of international travel has made it necessary for the U.S. to cooperate with countries around the world concerning security issues. The FBI’s role in international investigations has expanded due to the authority granted by the Congressional application of extraterritorial jurisdiction.

Also note:

FAQ What authority do FBI special agents have to make arrests in the United States, its territories, or on foreign soil?

In the U.S. and its territories, FBI special agents may make arrests for any federal offense committed in their presence or when they have reasonable grounds to believe that the person to be arrested has committed, or is committing, a felony violation of U.S. laws. On foreign soil, FBI special agents generally do not have authority to make arrests except in certain cases where, with the consent of the host country, Congress has granted the FBI extraterritorial jurisdiction.

corporate overlords

[jduhls]

Ah, the Corporate States of America: it even outsources its storm trooping duties to the New Zealand police.

Re:Am I missing something?

[kiwimate]

Am I missing something?

Yes, yes you are, and so are all the people who modded up up.

Read the other replies.

Look up the definition of "extradition", "cooperation", and "treaty".

Find where it states the FBI operated on foreign soil.

Re:Who's a good police force? You are! Yes you are

[X.25]

Media reports that there were shotguns in the house, two were sawn-off shotguns, and Kim locked himself in his safe room with one of the sawn-off shotguns. Kim didn't have a gun license, so owning these guns was illegal in NZ. Guns were to protect my family, says Megaupload founder Kim Dotcom

He had gun safes, shotgun in panic room was in gun safe and had 1 rubber bullet, and Kim was nowhere near the safe when arrested.

Since noone has bothered to give Kim DotCom a chance to say anything or defend himself, one NZ reporter tried to present things from different (one that doesn't burn witches) angle. You should watch the videos, at least for amusement factor.

Links are listed in the order reports were broadcast:

http://www.3news.co.nz/Campbell-Live-enters-Kim-Dotcoms-Coatesville-mansion/tabid/817/articleID/242116/Default.aspx

http://www.3news.co.nz/Police-defend-actions-during-Dotcom-raid/tabid/423/articleID/242115/Default.aspx

http://www.3news.co.nz/Dotcom-charges-fraction-of-world-awash-with-copyright-breaches/tabid/817/articleID/242208/Default.aspx

http://www.3news.co.nz/Kim-Dotcoms-mansion-seized/tabid/423/articleID/242276/Default.aspx

There might be more reports, I might have not seen them all.

First, They Came for the Terrorists

[Jeremiah Cornelius]

And I did not speak out --
Because I was not a "Terrorist".

Then they came for the operators of file-sharing sites, and I did not speak out --
Because I was not the operator of a file-sharing-site.

Then they came for the blog-posters, and I did not speak out --
Because I was not a blog-poster.

Then they came for me --

And there was no one left to speak for me.