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NZ To Investigate Illegally Intercepted Data In Dotcom Case
First time accepted submitter karit writes with this excerpt from Scoop News: "Prime Minister John Key today announced he has requested an inquiry by the Inspector-General of Intelligence and Security into the circumstances of unlawful interception of communications of certain individuals by the Government Communications Security Bureau. Mr Key says the Crown has 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."
And the wrongdoes will be prosecuted to the fullest extent of the law as if they werent affiliated with the government in any way, right?
The new FBI and their counterparts in the subjected territories persecute the perceived threats to the US big business with the full power of the government, and without regard to right, wrong, law or justice.
Let's hope that the history will repeat itself. In the first case of Hoover, the society figured out that social amenities are a good replacement to revolution, implemented a welfare state, put some restraints on what nutty right-wings could do and prospered.
This time around it is the "intellectual property" that is getting in the way of progress.
The other big news in New Zealand related to Kim Dotcom got a very different reaction from the Prime Minister
John Banks ran for the may of Auckland a few years ago and lost. Dotcom and a few others say that he asked Dotcom for a campaign contribution, and then that it should be two lots of $25000 rather than one donation of $50000 because "I want to help you Kim and I can help you more effectively if no-one knows about this donation". Dotcom's security guard late said that Banks confirmed the cheques had been cleared.
Banks later signed the declaration about campaign contributions saying that those (and others) were anonymous. He claims that some staffer filled in the form and that he wasn't responsible even though he signed it. He also can't remember flying to and from Dotcom's mansion in Dotcom's helicopter.
Banks is now the only remaining Member of Parliament for the Association of Consumers and Taxpayers party, having been added to the party shortly before the last election in their only safe seat. Well, it was safe. That party was the most libertarian-leaning in New Zealand. Banks isn't quite that, and any remaining ACT party members probably aren't quite so happy that he is leading changes that look set to spend taxpayer money on schools that teach creationism.
The police have said that they can't charge him with some things as the statute of limitations has passed, and can't prove other things. Dotcom is talking to the media as much as he can, and going to parliament for photo ops. The police have released their file but say that Banks won't allow his statements to be included. Banks says that was the police's decision.
Anyway his one vote is needed by the government so the Prime Minister is saying that he accepts Bank's word that he didn't break the law. He refuses to read the police file.
And there is no problem with that considering he is just using it to describe a politcal party most people won't be familiar with.
Arrest warrant is a legal order to put someone in handcuffs, therefore it is not possible to act unlawfully while assisting police in the preparation and execution of an arrest.
Of course it possible to act illegally. All it would take is for the GCSB to assist police by deliberately intercepting domestic communications of a permanent resident in order to locate the individual, an act prohibited by Section 14 of the relevant Act. (Dotcom was granted permanent NZ residency in Nov 2010) The GSCB could have placed an interception device on a network without an appropriate interception warrant, an act prohibited by section 15 of the Act. If they have done these things then they must held to account.
Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
So the NZ equivalent of NSA/CIA (if you're American) or GCHQ/SOCA (if you're British) helped the US govt nail sombody over a file sharing site?
We have various loony groups running all around the world killing people, we have organised crime making gazillions out of drugs, racketeering and people trafficking, but hey, lets focus on Kim Dotcom and nail a fucking file sharing site. Big woopy doo, oh, and lets not even do it by the book, lets do all the processes wrong so they look like complete cunts and get found out.
If I was the bloody Prime Minister I'd go ballistic not just because they helped the US govt out, not just because they did it illegally but because they were fucking morons in how they did it.
Anyway, it's early in the morning, I haven't had enough (or any) coffee.
This is the thing that really gets me, the statute of limitations on perverting the course of democracy is measured in months. If not a treasonous act to the NZ government, it is a least a treasonous act and betrayal of the people of the city he wanted to be the mayor of.
i think the ac post was parody, at least I hope the paragraph talking about power of shema. ...anyhow, the whole case was handled in the US fashion where it was assumed that he'd go for a plea bargain in which case none of the stuff the authorities matter since the plea bargain would clear them of everything.
that's bringing money changers not to the temple, but to the court.
world was created 5 seconds before this post as it is.
(Dotcom was granted permanent NZ residency in Nov 2010)
The permanent residency call would be an interesting one; historically a permanent resident and citizen were not afforded the same rights until, ironically, the 29th of November 2010. The alterations to the act do apply retroactively to residents granted permanent residency under the Immigration Act of 2009 so it's irrelevant, just an interesting tidbit. It is unlikely that GCSB performed any direct collection of Dotcom's communication without a warrant, or the warrant still remains classified which IGIS will find and/or rule on should they find it appropriate, but possibly misused some incidental collect that should have been discarded and not passed to law enforcement.
More relevantly GCSB are unable to support law enforcement operations as this does not fall within their mission under the act.
What are the chances of retoractive immunity for illegal wiretapping, as granted by Bush Jr?
After all, if it happens in America, it sets precedent elsewhere, right?
Finally had enough. Come see us over at https://soylentnews.org/
Dft
"Throwing about" - you mean using the word appropriately?
John Banks isn't really necessary for the government. There are 121 seats, National (the main governing party) holds 59, ACT (John Banks) 1. Parties with which National could reasonably do deals to pass legislation (or even negotiate a coalition with) are New Zealand First (8 seats), Maori Party (3 seats), United Future (1 seat.) So they could distance themselves from John Banks and still continue to govern as an effective minority government. The opposition Labour Party effectively lead a minority coalition government in this way for years.
Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
It is a well known fact that foxes are very scrupulous and self-critical during any henhouse investigation.
It is good to know that signal intelligence agencies everywhere bend and break the law of their own countries. Not because it is good, but because I now know that no country's communications are truly safe.
sudo make me a sandwich
when the day of wreath comes (soon)
Christmas? Still about three months away.
Not sure wtf you're rambling on about with the rest of that post.
If the PM cuts Banks free then he will either have to rely on the Maori Party for support of legislation, that would be make for a difficult 2 years with the water-rights issue etc boiling away. It would give Pita Sharples a chance to prove he is not senile though.
New Zealanders are well balanced with a chip on each shoulder. One represents Australia, the other the rest of the world
Short answer - maybe.
Long answer - you better be trying to be funny.
A 6ft 6 150kg blond blue eyed millionaire of german descent? Oh yeah, they'll hate him.
Banks is also a fundie old testament christian:
http://www.stuff.co.nz/auckland/local-news/7596566/Banks-Old-Testament-beliefs-create-conflict-in-role
It gripped her hand gently. 'Regret is for humans,' it said.
Excellent summary - thanks for taking the time.
"The greatest lesson in life is to know that even fools are right sometimes" - Winston Churchill
And these people (the USA and NZ governments) are right behind moves to overthrow despots in other nations.
Hang on... isn't a despot someone who places themselves and their accomplices above the laws that regular citizens must obey (and are often severely punished for if they don't)?
Kettle black pot -- use these words to create a sentence that describes this situation.
The way this National government is going, they are ensuring that the IT industry and the computer geek populace won't be voting for them in the next general election. First the three-strikes internet downloading law, then the Dotcom debacle, and now the government's backtracking on their original anti-software patent stance. All three are seemingly in response to US influence (and most obviously in the case of Dotcom). The NZ Pirate Party and even the Greens are starting to look like good choices.
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I really, really, can't see Winston agreeing with John Key on anything.
For a site about things like basic rights, Slashdot users sure do like to censor "dissent".