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NSA Unlawfully Surveilled Kim Dotcom In New Zealand, Says Report (thehill.com)

According to new documents from New Zealand's Government Communications Security Bureau (GCSB), the NSA illegally used technology to spy on Megaupload founder Kim Dotcom. "The New Zealand Herald first reported that the GCSB told the nation's high court that it ceased all surveillance of Dotcom in early 2012, but that 'limited' amounts of communications from Dotcom were later intercepted by its technology without the bureau's knowledge," reports The Hill. From the report: Dotcom was surveilled by the NSA and the GCSB in a joint intelligence operation named Operation Debut. According to the Herald, that surveillance was scheduled to end in January 2012, but the United States continued to use New Zealand's technology. According to court documents obtained by the Herald, "Limited interception of some communications continued beyond the detasking date without the knowledge of GCSB staff." The court papers don't explain how the NSA was able to use the GCSB's spying technology without the bureau's knowledge. According to the Herald, "The GCSB documents do contain an admission of NSA involvement, although it was not made outright." Dotcom is facing charges of copyright infringement and money laundering related to Megaupload, a file-sharing website shut down in 2012. He is currently fighting U.S. attempts to extradite him from New Zealand.

16 of 133 comments (clear)

  1. Not illegal by goombah99 · · Score: 5, Insightful

    It's not illegal in the US for the NSA to spy on other countries. And it's not illegal in Russia to subvert elections in the US.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Not illegal by Maelwryth · · Score: 5, Informative

      It is (was now) illegal for NZ to spy on it's own citizens and the US was using NZ to do the dirty work. The GCSB said that they thought it was legal but then continued to spy on KDC for two months after they found out it was illegal.

      --
      I reserve the write to mangle english.
    2. Re:Not illegal by Maelwryth · · Score: 3, Interesting

      I am unsure of the specific laws that would pertain to irrelevance of trial in the US but there is a broad precedent that information gathered illegally cannot be used. This can be overridden but it isn't a bad starting point. Possibly more relevant would be that he can't be extradited due to evidence obtained illegally in NZ. To quote the NZ extradition treaty with the US.

      "Evidence on behalf of person whose surrender is sought regarding restrictions on surrender

      (1) In any proceedings under this Act, a Judge or court may receive evidence tendered by or on behalf of a person whose surrender is sought that is relevant to the restrictions on surrender in sections 7 and 8 if the Judge or court considers the evidence is reliable, whether or not the evidence is otherwise admissible in a court of law.

      (2) Subsection (1) does not apply to evidence gathered in New Zealand."

      --
      I reserve the write to mangle english.
    3. Re:Not illegal by currently_awake · · Score: 2

      It can be used in a NZ court to oppose the extradition on the grounds the request was based on illegally obtained evidence.

    4. Re:Not illegal by interkin3tic · · Score: 2

      If the best defense of something you can come up with it is "they haven't passed a law against it," then that should be a sign you should consider NOT DEFENDING IT.

    5. Re: Not illegal by KGIII · · Score: 2

      It wasn't theft. They retained their files!

      It works for the pirates. Might as well use it here.

      --
      "So long and thanks for all the fish."
  2. Re:N$A by ArylAkamov · · Score: 2

    Never underestimate feature creep. You think it's bad in software? Just check out what it does to government agencies.

  3. For those of you from New Zealand by Maelwryth · · Score: 4, Informative

    The Internet Party NZ will be drafting an Anti-Spy bill live online on Sunday the 6th of August with the help of international guests who are experts in the field of state and private intelligence gathering practices, violations and mass surveillance.

    --
    I reserve the write to mangle english.
  4. Ok, I'll explain it for you : by Anonymous Coward · · Score: 2, Informative

    Sure, Kim Dotcom is a dirtbag, but I don't understand why he's a target of the NSA.

    1)
    In the US, people who have lots of money can get the government to do their bidding. This is the basis of the lobbying industry, but it is certainly not limited to lobbying.

    2)
    The people behind the media industry have lots of money. They have for some time been freaking out that they are not getting more money as fast as they think they should be getting more money and they blame sharing, such as Kim Dotcom facilitated, for a great portion of their cash stream slowing.

    3) The people behind the media industry will stop at nothing in their efforts to get more money or at least make sure no one gets anything for free.
            Details like international borders don't matter to these people. They will do whatever it takes to make sure they get as much money in their pockets
            as possible. And if that means using the NSA and subverting local or national laws, that's what they will do.

    4)
    Money and guns run the world. Rules and laws are for the peasants, not for the ruling class.

    Any questions ?

  5. Re:US constitution does not protect overseas by sjames · · Score: 2

    I'm not aware of a geographical limitation on the Constitution anywhere. Other than a few things like being the President or voting, it isn't confined to Citizens either.

  6. Re:US constitution does not protect overseas by fustakrakich · · Score: 2

    I doubt the US constitution offers any protection from unreasonable search and seizure to foreign people in a foreign land

    The US constitution is supposed to apply to US authority, not any geopolitical boundaries.

    --
    “He’s not deformed, he’s just drunk!”
  7. The real questions.. by thesupraman · · Score: 4, Insightful

    Why were the NSA spying on someone who was possibly involved in copyright infringement?
    Why was the GCSB assisting the NSA in spying on someone who was possibly involved in copyright infringement?

    Remember, back then the 'crime' that DotCom was supposed to have committed was not actually a crime in NZ (they later played a lot of political games to shuffle things over the other supposed crimes that were, so they could not get laughed out of extradition hearings). It was certainly nothing that should come under NSA jurisdiction.

    What we are really seeing here is the truth of the government spying - and that is it is a tool to use against citizens whenever the government feels they have 'crossed the line' of what they are allowed to do. It is not a particularly useful tool against terrorism - because you need to know your targets, and you usually dont know a terrorism target until AFTER they have done whatever they were planning.

    It is however a very VERY effective political tool for repressing alternative views - you only have to point out to someone some 'embarrassing' details that have been trawled up, and quietly suggest they play along, or such things could get leaked by accident..

    1. Re:The real questions.. by TheRaven64 · · Score: 2

      Why were the NSA spying on someone who was possibly involved in copyright infringement?

      That's the key issue. Why is copyright infringement in the remit of the National Security Agency? What is the national security threat from pirating movies?

      --
      I am TheRaven on Soylent News
  8. Re:US constitution does not protect overseas by Zero__Kelvin · · Score: 2

    It turns out other countries have laws too. Perhaps the violated New Zealand laws? Oh, that's right, We expect foreigners to obey our laws when here, but it is a one way street.

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  9. Re:Languauge by Zero__Kelvin · · Score: 2
    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  10. wish I had the NSA's resources by OrangeTide · · Score: 5, Interesting

    Someone stole my bike. But since I'm not a billion dollar corporation I don't get to have several government agencies at my disposal for pursuing what amount to a civil case.

    I assure you the I am hurt more for not having a bicycle than a movie studio is when someone pirates a film.

    --
    “Common sense is not so common.” — Voltaire