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New Zealand High Court Rules Operation Against Kim Dotcom Was Illegal (torrentfreak.com)
Mashiki writes: The New Zealand High Court ruled that spying against Kim Dotcom was illegal and that the GCSB spy agency violated the law, including the observation of citizens and residents within the country. It was also determined by the courts that the operation had gone on longer than was stated by both the police and GCSB. This may leave the extradition case up in the air since the methods used to gain the information have been ruled illegal. In turn, this makes the arrest illegal, along with the seizure of his equipment illegal. "The GCSB has now admitted that the unlawfulness was not just dependent upon residency issues, it went further," reports NZ Herald. The reason it went further was because it didn't have authorization to carry out the kind of surveillance that it was carrying out under the legislation as it was at that relevant time. The GCSB has said that it was impossible to plead the case as it would jeopardize national security.
The GCSB has said that it was impossible to plead the case as it would jeopardize national security.
Should that be understood as: "GCSB - and possibly the government of New Zealand - is controlled by a non-public foreign governance."?
I find it very interesting that not disclosing this information was more important to this entity than getting Kim to the USA for (false claims of) copyright infringements.
Support Eachother, Copy Dutch Property!
Can't they just prosecute him for having a really lame pseudo-name?
"National Security is the chief cause of national insecurity." - Celine's First Law
in other words, all sorts of other illegal shit they're doing, and/or are doing at the request of the u.s.a., would have been exposed.
"National security"? For a movie pirate? Seriously?
The GCSB has said that it was impossible to plead the case as it would jeopardize national security.
Should that be understood as: "GCSB - and possibly the government of New Zealand - is controlled by a non-public foreign governance."?
I find it very interesting that not disclosing this information was more important to this entity than getting Kim to the USA for (false claims of) copyright infringements.
What struck me is the potential trouble that will happen if the state tries to return his assets.
I was under the impression that the State seized his domain and didn't renew it, so that other parties scooped it up. Also, are they going to give back the seized data intact?
Comment removed based on user account deletion
...we will have to find another way to get rid of this idiot. Regardless of his rights and whether he is guilty of anything, this tool *actually* thought that the NZ public would vote for him! He is just a fraudulent f wit that was trying to gain some credibility by running for parliament. Talk about an insult the the intelligence of the people in NZ. I am sure I read somewhere that he was thinking of running again. For f's sake just bugger off already!
National security := spying on your own citizens.
The translation for this is usually "Someone important would be unambiguously be outed as being a criminal if this gets out".
So who is the crook?
It feels kinda weird that it's a story about Kimmie and he's NOT the biggest asshole involved...
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
"OR if they don't (and can't get his domain back) does he have a case for a *huge* payout? "
From who? The tiny country of New Zealand that has 4.3 million people?
They did done fsck up rather big here. Or, well, let the 'merkins convince them to go and help them fsck up big.
Sure, it's not really fair for the taxpayers, but then again, it's not really fair on Mr. Dotcom, as he did see his businesses yanked from under him, pretty much illegaly. I'd prefer a big fat payout from them 'merkins, but good luck getting them to cough up anything.
What a wanker comment.
How so? Do explain, if you would.
There's substantial damage done by the "justice" system of that country, and if it hurts the taxpayer a lot to fix it, well, maybe he should get off his arse and fire the twats that got him in this hot water in the first place.
Do you have evidence of something he did that can compare with what was done to him and his family? Something that can compare to an armed raiding party invading the Dotcom family house at the behest of the US Government and the MPAA, and being lied about?
My suspicion is rooted in how flippant the mainstream media have been throughout this case and how ready the public is to believe what the mainstream media (repeating US Government lies) tell them without following up on the details. I've seen allegations (perhaps charges by now) of Kim Dotcom owning child pornography and an allegation of something to do with "terrorism propaganda" that have yet to be backed up by the prosecutors. After the raid, Kim Dotcom was said to be found holed up in his family house with a loaded gun in a locked "safe room", but the police later admitted he was actually found unarmed in an unlocked safe room. The raid was ostensibly justified because Kim Dotcom might set off some kind of "doomsday device that was in the [Dotcom] mansion somewhere that would, if activated, would destroy evidence of wrongdoing anywhere in the world" (David Fisher, around 57m into the documentary) according to yet there's no evidence such a device exists. Then there's the GCSB (New Zealand's NSA equivalent) illegally spying on Dotcom and Prime Minister Key alleging such illicit spying on New Zealanders is "this is really a matter of mistake and human error not one of conspiracy" (around 1h9m). These are a few examples from the "Kim Dotcom: Caught In The Web" documentary which shows the paperwork, names the names of who is involved (including members of the FBI and CIA which were apparently in on this case from the outset) and now we're seeing "The whole New Zealand-based spying operation against Kim Dotcom and his Megaupload co-defendants was illegal, the High Court has ruled". Given that background I see your post which (sans evidence to back up your strong claim of being surprised that "he's NOT the biggest asshole involved") reads more like character assassination or trying to graft an vaguely unpleasant feeling onto his very serious case which Americans ought to be far more concerned about.
Digital Citizen
So let me get this straight... the courts have ruled that the GCSB broke the law (and thus committed a crime). Now for that to happen, some PERSON or PERSONS within the GCSB must have given the order to commit this crime and therefore they must surely be culpable and punished for their law-breaking.
Of course we know that those who are responsible for this crime will never be truly held to account for their actions or punished for their criminal activities -- because they are part of the clique that makes those laws (government).
Oh the hypocrisy... thou shalt not break the law -- if you're just a regular peasant. If you're a government employee then do whatever the hell you like because there will be no penalty associated with your criminal activity.
So explain to me again why those responsible (who receive no censure) would be inclined not to break the law again? Laws without enforcement and penalty are a waste of time.
And here we have Kim... who (unlike the GCSB) has *NOT* been found guilty of a damned thing -- having his assets, his livelihood and his life taken from him on "suspicion", while the true criminals ruled by a court to be guilty of a very serious breach of human rights) suffer no penalty whatsoever.
Tell me this isn't corrupt practice!
Why the hell do we stand for this?
maybe he should get off his arse and fire the twats that got him in this hot water in the first place.
Unfortunately, that's impossible.
Much like the USA, NZ voters have the choice of a twat with a turd sandwich, and a twat with a vomit burger. And this election they both come with the same side order of putrid fries.
It was NOT "New Zealand" that did anything, so do NOT blame the kiwis - we had NOTHING to do with it.
No, it was John Key, then Prime Minister Arrogance Supreme, pardon me "Sir John", who was the lovely bloke that called in the hit squad.
The reason GCSB want things quiet is to protect their criminal colleagues in government.
Kim won't get his shit back, but he's got some new magic up his sleeve and now the NZ gummint and GCSB can't do SHIT to stop him this time around.
NZ politics just got very heated, because we have a general election coming up, and this is going to hurt the National party BIG TIME!
Couldn't happen to a nicer bunch of corrupt pricks.
Return his equipment. Compensate him for lost profits. His idea could have made millions.
OMG. They literally are saying the reason they broke the law is because the law at the time didn't allow them to do what they wanted.
Now that I know that's a valid excuse, I'll be sure to park my car wherever I want. I'll shoot my neighbor's dog because it barks, and I'll shoplift whatever I want from the Apple Store. When people protest I'll cite the GSCB defense.
New Zealand hasn't had a two party system since late 1993. Get a better excuse.
From the linked report:
"In the months that preceded the January 2012 raid on file-storage site Megaupload, authorities in New Zealand used the Government Communications Security Bureau (GCSB) spy agency to monitor Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk."
January 2012? Wait a second. Thump didn't become President until 2017!!! That means Ob........and Eric Holder was...........
Never mind. Move along. Nothing to see here. Nothing happening here.
"The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
Then let NZ get reparations from the USA?
Vote the shitlord who cost billions with this criminal act from the government and make the politicians write a law to forbid this shit in future and maybe make the PM personally responsible if nobody else can be held so?
So what if the only other option "is just as bad"? When they fuck up "fire" them too and replace. The alternative to that one just as bad? Rinse and repeat.
These fuckers run because they want the power. Remove it from them. If there's no way they will KEEP power if they fuck up like this, they'll not fuck up like this because they want the power more than they want to fuck up for "friends with benefits".
If you give up, all you do is let them fuck up and they have no reason not to do so.
So rail against yourself, retard.
People have the right to peaceful protest, not starting riots, maiming, destruction of property. It's really simple.
Well, let's say he got back what he dished out throughout his life, with a little bit of interest.
No, not one singular thing he did would warrant this. Not the embezzlement, not the throwing of any of his business partners under the bus and to the sharks, not the swindling of people out of their hard earned money, not a single incident would warrant this.
In total, though? If anything, this whole mess makes me believe in Karma.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Domains have been restored to their rightful owners afters years have passed. It can be done again.
You are joking, right?
Your options this election are either Labour or National, either of which will likely need NZ First to have enough seats to govern. The Greens have imploded, and the Maori party might score a seat or two if they're lucky.
Nobody else polls in numbers over 5%, and in most cases they're below 3%.
Even if by some magic a third party scored enough of a vote, their leaders are just as much twats as Ardern and English. It's shit sandwiches all the way down.
If we allow illegal government action against people just because they're assholes, we're ushering in a police state. Did he embezzle? That's illegal, and he could have been prosecuted for that. Did he do other wrong things? Then hold him to account for them.
First, they came for the assholes....
"When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes