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Dotcom Drags NZ Spook Agency Into Court

New submitter d18c7db writes "Internet tycoon Kim Dotcom has won another court victory, today given the right to drag the secretive GCSB into the spotlight of a courtroom. Forcing the GCSB to be tied to the court action opens it up to court ordered discovery — meaning Dotcom's lawyers can go fishing for documents as they continue to fight extradition to the U.S. to face copyright charges. But the GCSB claimed any disclosure of what [was] intercepted would prejudice New Zealand's national security interests 'as it will tend to reveal intelligence gathering and sharing methods.' Dotcom and his fellow Mega Upload accused asked Chief High Court Judge Helen Winkelmann for the right to have the GCSB become part of the proceedings, amend their statement of claim, and for additional discovery. In a judgment issued today she gave that permission."

13 of 165 comments (clear)

  1. Awwww by Anonymous Coward · · Score: 5, Funny

    Poor widdle government agency lost its sovereign immunity when it started working for the wrong sovereign.

  2. Re:This Is The Point by mug+funky · · Score: 5, Insightful

    even balls of slime have their uses.

  3. Re:I have an idea by Opportunist · · Score: 5, Insightful

    I don't really like Kimmie either, but for the first time in his miserable life he's doing something for the greater good. Even if only to save his own sorry ass.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. Re:If they have nothing to hide... by Opportunist · · Score: 5, Funny

    Can you see this dialogue?

    "We cannot tell you because it would threaten the national security."
    "It would threaten the national security if you tell us how you ignored laws that should protect national security by disallowing the sharing of potential trade secrets with foreign, possibly hostile, nations?"
    "Yes"

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  5. Re:This Is The Point by Brucelet · · Score: 5, Insightful

    And their rights.

  6. Re:This Is The Point by Hatta · · Score: 5, Insightful

    Why is it unfortunate? Compared to the US federal government, and the interests it serves, Dotcom is an angel.

    --
    Give me Classic Slashdot or give me death!
  7. Judges rules that no one is above the law. by girlinatrainingbra · · Score: 5, Interesting
    So finally a judge states the obvious for countries that have constitutional systems that provide for laws restricting the powers of the government: that no one is above the law and that no one is above being reviewed/judged by the judicial system. Note in this country (USA) how often the executive branch pleads/claims executive privilege in attempting (and succeeding in) avoiding judicial review of the president's actions and powers.
    . The latest ruling is another milestone in Dotcom's bid to challenge extradition to the US on copyright infringement charges.
    His lawyers have already proved that GCSB's surveillance of the mogul was illegal, and search warrants for the January raid were invalid.

    Are we supposed to cheer for the judge for making a reasonable ruling, or are we supposed to cheer that the judge allowed for the review of possible criminal / illegal activities by the law enforcement officers of New Zealand? Any way you look at it, it's sad that it came to this: law enforcement in NZ breaking laws (possibly under the external request / direction of others) and using force to execute searches for evidence of copyright infringement.

  8. Re:I have an idea by pla · · Score: 5, Insightful

    I didn't have a problem with him until I read his wikipedia page.

    Complete jackasses still have a right to due process. And secret agencies that consider themselves above the law simply need to cease to exist.

    Really, though, unless I missed something, his Wiki page has nothing all that damning. Some petty hacking, some (non-identity theft) carding, and a pump-and-dump on an already-dead company. Woo-hoo.

    Except that he has a rare combination of tech savvy with business acumen, you'll find far, far more evil people going about their daily business of screwing the plebes in nearly every corporate boardroom in the world. Kim, at least, sounds like he just did it for kicks.

  9. Re:I have an idea by shoemilk · · Score: 5, Interesting

    I never used Mega Video for anything, legit or infringing. I have no opinion of Kim Dotcom. But really, is Dotcom or Ochocinco really worse than "Miller" or "Johnson"? So someone in your history was a miller at some point, now all of his descendants are? Some guy's dad on your history was named John, yay! At least Dotcom and Ochocinco have real personal relevance to those gentlemen. Anyone with a stupid last name like "smith" should think about changing it to something modern. How many smithies are there in ten people, 0.2? 0.1? Retarded last name.

    Is Kim Dotcom a "douche"? I don't know, I've never met him. Even if he was, though, he still doesn't deserve two government colluding and breaking laws to arrest him. I don't need a third-person written wikipedia article to determine that you, however, are a judgemental prick.

  10. Re:This Is The Point by rtfa-troll · · Score: 5, Interesting

    You mean like:

    • Megaupload sent a copy of Men in Black 3 to an IP address in the US after being ordered to by the MPAA
    • 200 people employed by the Universal Music Group in an entrapment operation shared born this way on Megaupload
    • Two employees of Megaupload knew about music sharing but agreed to make sure Kim Dotcom never finds out because he keeps insisting on deleting everything for legal reasons.

    Sounds just about as fair as convicting people based on secret evidence discovered during torture at Guantanamo.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  11. Simple Solution by maz2331 · · Score: 5, Interesting

    I get the argument that some state secrets need to be kept to prevent aiding enemies from circumventing intelligence gathering activities. However, if that privilege is invoked, then the coutrs should simply give a default judgement as if the opposing side's claims are proven by the evidence provided. In other words, keep the secrets and be quiet and lose the case, or defend against it with the requested information - possibly provided under seal and only seen by the judge and a security-cleared lawyer for both sides.

    1. Re:Simple Solution by TheLink · · Score: 5, Insightful

      In my opinion NZ's spy agency behaving like the USA's dog creates way more national security concerns than Kim Dotcom ever did.

      The NZ citizens should be concerned that their spy agency behaved like that, and take measures to ensure that their spy agency is really serving NZ's interests instead of some other entity's interest.

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  12. Re:This Is The Point by Quila · · Score: 5, Insightful

    That's how it works sometimes. One of the world's lowest slimeballs, Larry Flynt, established the precedent of parody and satire being protected under freedom of speech in the US (a protection missing in many countries).

    I like that it works this way. If the precedent of rights and protection is established for even the slimeballs, then the rest of us should be good.