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Entire Kim Dotcom Spying Operation Was Illegal, High Court Rules


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The whole New Zealand-based spying operation against Kim Dotcom and his Megaupload co-defendants was illegal, the High Court has ruled. The revelation appears in a newly released decision, which shows the GCSB spy agency refusing to respond to questions about its activities on the basis that could jeopardize national security.

 

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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.

 

When this fact was revealed it developed into a crisis. The GCSB was forbidden by law from conducting surveillance on its own citizens or permanent residents in the country, which led to former Prime Minister John Key later apologizing for the error.

 

With Dotcom determined to uncover the truth, the entrepreneur launched legal action in pursuit of the information illegally obtained by GCSB and to obtain compensation. In July, the High Court determined that Dotcom wouldn’t get access to the information but it also revealed that the scope of the spying went on much longer than previously admitted, a fact later confirmed by the police.

 

This raised the specter that not only did the GCSB continue to spy on Dotcom after it knew it was acting illegally, but that an earlier affidavit from a GCSB staff member was suspect.

 

With the saga continuing to drag on, revelations published in New Zealand this morning indicate that not only was the spying on Dotcom illegal, the entire spying operation – which included his Megaupload co-defendants – was too.

 

The reports are based on documents released by Lawyer Peter Spring, who is acting for Bram van der Kolk and Mathias Ortmann. Spring says that the High Court decision, which dates back to December but has only just been made available, shows that “the whole surveillance operation fell outside the authorization of the GCSB legislation as it was at the relevant time”.

 

Since Dotcom is a permanent resident of New Zealand, it’s long been established that the GCSB acted illegally when it spied on him. As foreigners, however, Megaupload co-defendants Finn Batato and Mathias Ortmann were previously considered valid surveillance targets.

 

It now transpires that the GCSB wasn’t prepared to mount a defense or reveal its methods concerning their surveillance, something which boosted the case against it.

 

“The circumstances of the interceptions of Messrs Ortmann and Batato’s communications are Top Secret and it has not proved possible to plead to the allegations the plaintiffs have made without revealing information which would jeopardize the national security of New Zealand,” the Court documents read.

 

“As a result the GCSB is deemed to have admitted the allegations in the statement of claim which relate to the manner in which the interceptions were effected.”

 

Speaking with RadioNZ, Grant Illingworth, a lawyer representing Ortmann and van der Kolk, said the decision calls the entire GCSB operation into doubt.

 

“The GCSB has now admitted that the unlawfulness was not just dependent upon residency issues, it went further. 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 time,” Illingworth said.

 

In comments to NZHerald, Illingworth added that the decision meant that the damages case for Ortmann and van der Kolk had come to an end. He refused to respond to questions of whether damages had been paid or a settlement reached.

 

He did indicate, however, that there could be implications for the battle underway to have Dotcom, Batato, Ortmann and van der Kolk extradited to the United States.

 

“If there was illegality in the arrest and search phase and that illegality has not previously been made known in the extradition context then it could be relevant to the extradition,” Illingworth said.

 

TorrentFreak


 

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I never been a fan of Kim  Dotcom  because he was the one who started the bussiness were they  paid cash rewards too uploaders  he ruined  sites that allow it and this was the reason free P2P became more popular once the Government cracked down on him many other sites closed  and millions  of people lost there files from these scam sites. 

 

  Megaupload  always had silly limitations if you didn't  buy it would take for ever too get a free download slot  unless you installed his spyware Mega Key  in return for him harvesting you're data he would let you download for free 12 hrs a day  and the Vietnamese figured  out how too crack it and made Megaupload  Happy Hour leecher  site and   you could use it spyware free .

 

  Kim Dotcom was a snitch he was helping the FBI  out  too bust Ninja Video  witch  hosted there videos on his site . The FBI  set him up and told him not too delete things and the whole time they were planing too bust him so when he didn't follow DMCA they had there reason . Still  no matter what happens  the real Megaupload  want never return  and peoples files want ether . And  you should never trust cloud storage always you should backup  you're  data  on a hard drive too. After this happened i stop backing up stuff too the cloud  if someone needs something i just upload it for them  when they need it.

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On 2017-08-26 at 11:44 AM, steven36 said:

I never been a fan of Kim  Dotcom  because he was the one who started the bussiness were they  paid cash rewards too uploaders  he ruined  sites that allow it and this was the reason free P2P became more popular once the Government cracked down on him many other sites closed  and millions  of people lost there files from these scam sites. 

 

  Megaupload  always had silly limitations if you didn't  buy it would take for ever too get a free download slot  unless you installed his spyware Mega Key  in return for him harvesting you're data he would let you download for free 12 hrs a day  and the Vietnamese figured  out how too crack it and made Megaupload  Happy Hour leecher  site and   you could use it spyware free .

 

  Kim Dotcom was a snitch he was helping the FBI  out  too bust Ninja Video  witch  hosted there videos on his site . The FBI  set him up and told him not too delete things and the whole time they were planing too bust him so when he didn't follow DMCA they had there reason . Still  no matter what happens  the real Megaupload  want never return  and peoples files want ether . And  you should never trust cloud storage always you should backup  you're  data  on a hard drive too. After this happened i stop backing up stuff too the cloud  if someone needs something i just upload it for them  when they need it.

i guess you're below 18 yrs.

 

megaupload was one of many and sertainly not the best at the time. the best looking and the

one with the most ads though.

 

just because movies, porn and music is free on the internet it doesn't make it free to distribute it.

kim dotcom offered a way to do that and made money off it. much like google benefit from

searches they also benefit from piracy in one way or another.

 

third part of your message doesn't make any sense apart from the backup advice.

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5 hours ago, halvgris said:

i guess you're below 18 yrs.

 

I have a kid older than 18yrs old tyvm ..

 

5 hours ago, halvgris said:

just because movies, porn and music is free on the internet it doesn't make it free to distribute it.

kim dotcom offered a way to do that and made money off it. much like google benefit from

searches they also benefit from piracy in one way or another.

Well  you want be making no money  off warez  on this site they have rules against using filehost that pay out rewards here .Welcome too nsanedown .  I never  bought a filehost in my life  and i use too upload too and i used free filehost that let you download for free fullspeed when I was uploading . Back when  Megaupload  was going my favorite one was MediaFire it was fast and free Also i liked Jumbofiles witch is gone  and they were others I used  too upload too that are closed now .. MediaFire  are too strict now because after Kim Dotcom got caught they got too paranoid .  

 

Ive used free lecchers   and download from paid filehost without paying a dime for many years  and i never gave them one red cent for warez  and never will. Why would i pay for a provider  that deletes  anything that is older than a few days old?  Go too sites like RLSBB and others and it's a sea of dead links  deleted due too DMCA . And Forums like the tehparadox.com and shaaning  are gone . Not only people who buy filehost need too buy new filehost every few months because the uploaders switch because the owners are not paying up like they should now they need too switch forums too because there getting closed down for not following DMCA.

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