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Kim Dotcom Speaks at NZ Protest Rally, Crowd Cheers

Meet the new Kim Dotcom, New Zealand activist for privacy rights, fighting against expansion of government surveillance and U.S. drone strikes and for the rights of whistleblowers.

Kim Dotcom spoke at a rally of thousands of New Zealanders (video here) who had gathered to voice their opposition to a bill expanding Government Communications Security Bureau (GCSB)surveillance authority and information sharing with law enforcement.

Dotcom said it was very important for people to understand the GCSB is a subsidiary of the NSA and spying for the Americans, feeding them information for its war on terror to locate targets for drone strikes.

Dotcom tells the crowd the U.S. didn't want him spied upon because they thought he was a terrorist or a threat to national security, but because a handful of billionaires in Hollywood didn't like his business. The crowd cheers its approval. He asks, "Why would they spy on me?" [More...]

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PRISM, "Five Eyes" and Kim Dotcom

The PRISM story keeps growing -- now there are reports the NSA has shared data on Kim Dotcom obtained via PRISM with the international spy group "Five Eyes," (background here -- it includes representatives from the U.S., U.K., New Zealand, Canada and Australia,) and that Five Eyes may have given the intercepted data on Kim Dotcom to New Zealand's GSB, which in turn gave it to a specialized New Zealand police group, that used the information to assist the FBI and facilitate his arrest on U.S. charges.

"Five Eyes" met in New Zealand just 2 days before the Prime Minister announced the illegal interception of Kim Dotcom's communications on Sept. 17. Who was at the meeting? Reportedly, Intelligence Co-ordination Group director Roy Ferguson, a former ambassador to the US,along with representatives from the US Central Intelligence Agency, National Security Agency, Britain's Communications Headquarters, Canada's Communications Security Establishment and the Australian Secret Intelligence Service. [More...]

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Dueling Briefs Filed in Megaupload Case

Here is the Government's latest salvo in the federal criminal case in Virginia against Kim Dotcom and his partners. Here is Dotcom's Rebuttal. Torrent Freak has a good explanation without the legalese as to what it's about.

More interesting to non-lawyers is #kimdotcom's announcement today that Megaabox is ready for launch. [More...]

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Kim Dotcom: Setback in NZ Appeals Court

Kim Dotcom suffered a setback in his extradition case yesterday when an appeals court in New Zealand reversed a High Court ruling that the FBI had to turn over more discovery in order to allow him to prepare for his extradition hearing. (A discussion of the High Court's ruling is here and the text of the ruling is here.) The Appeals Court says the disclosure is not required.

While the ruling is in the context of what information the U.S. must disclose to Kim Dotcom to enable him to defend against the extradition request, it also serves as a primer on NZ extradition law. The full opinion is here. The Court has also issued this press release explaining the decision. [More...]

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Kim Dotcom Launches The New Mega

Kim Dotcom and partners have launched the new Mega, a global Cloud file sharing system. Accounts are free up to 50 GB and encrypted. You can check it out here.

Today is launch date, and there are already 250,000 user registrations in just 2 hours.

It may be the most "lawyered-up" internet startup launch in history. And Mega lawyer Ira Rothken says in an interview with Ars Technica, anyone who comes after it has no case: [More...]

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Kim Dotcom Alleges Government Lied in Getting Seizure Warrants

Kim Dotcom claims a double-cross. More here. The brief his legal team filed yesterday in the Eastern District of Virginia is here.

Megaupload and Dotcom are also seeking to have the search warrant from June 24, 2010 against Carpathia Hosting company unsealed. (It was provided to Carpathia and Megaupload when issued by the Court, but has never been officially unsealed for the public.) It notes that Wired, in this article, has already published the search warrant. The warrant was sought in an investigation of Ninjavideo (government press release on sentencing in Ninjavideo here.)

Another good article explaining all this is here. Dotcom lawyer Ira Rothken explains the relevance here. [More...]

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Kim Dotcom Wins Another Round in New Zealand

Kim Dotcom is still on track to having a Merry Christmas. New Zealand High Court Judge J Winkelmann today ruled Kim Dotcom can add the Attorney General, in his capacity as representative of the NZ Government Communications Security Bureau, to his claim for monetary damages resulting from the the illegal search of his mansion and over-the-top commando style raid to effectuate his arrest. She also ruled in his favor on several discovery requests pertaining to the FBI's involvement in the case and NZ's illegal interception of his communications. You can access the opinion here.

To put it in context, the Judge writes: [More..]

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U.S. Settles TV Shack Extradition Case, Is Kim Dotcom Next?

Good news for 23 year old Richard O'Dwyer, who is charged with copyright infringement in the U.S. and had been ordered extradited from the UK to face charges. D.O.J. has offered him a "deferred prosecution" agreement, under which he agrees to come to the U.S. voluntarily to enter the agreement and pay a fine, and promises not to violate U.S. copyright laws in the future. He will then return home to the U.K. When the UK court receives the agreement, it will dismiss the extradition proceedings. Assuming he complies, eventually, the charges will be dropped with no plea of guilty required.

Is this how Kim Dotcom's case will end?

A source close to Dotcom said his legal team was studying it closely as it showed US authorities could be softening their previously hard-line approach. [More...]

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NZ PM Releases Results of Kim Dotcom Review

Last week, the Prime Minister of New Zealand apologized to Megaupload co-founder Kim Dotcom for the illegal interceptions of Dotcom's communications before the raid on his mansion and arrest, conducted at the behest of the U.S. which was seeking his extradition to face criminal charges.

Today the Prime Minister released the results of the review of the GCSB's illegal interceptions.

The Prime Minister's press release is here. It doesn't say much, other than to give the PM a clean bill of health for not having been briefed on Dotcom prior to the raid. He acknowledges there may have been a quick reference to Dotcom at a meeting after the arrests in February, 2012, but insists nothing was said about his residency.
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NZ Prime Minister Apologizes to Kim Dotcom

The Prime Minister of New Zealand has issued an apology to Kim Dotcom. (Video here.)

In a media conference after the release of the report into unlawful monitoring of Mr Dotcom and an acquaintance, Mr Key said he was "appalled" at the agency, saying it had "failed at the most basic of hurdles." "Of course I apologise to Mr Dotcom, and I apologise to New Zealanders."

He said New Zealanders were entitled to be protected by the law "and we failed to provide that protection to them."

The report referred to is that of Paul Neazor, the Inspector General of Intelligence and Security for New Zealand, responding to the Prime Minister's request for an explanation of the illegal interception of Kim Dotcom's communications. The report is here. [More...]

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NZ Prime Minister Orders Inquiry Into Illegal Interceptions of Kim Dotcom

New Zealand's national security agency illegally intercepted communications of Kim Dotcom when providing assistance to the U.S. with its request for his arrest and extradition to the U.S. A formal inquiry was announced today. Via Press Release From the Prime Minister of New Zealand:

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.

The Security Bureau informed the Prime Minister of the illegal interceptions on Sept. 17. The Prime Minister wouldn't say what effect it will have on the extradition request, but it sounds like he expects the High Court to consider it:[More...]

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Another Win for Kim Dotcom: NZ Court Approves $5 Million for Lawyers

Kim Dotcom scores again in the New Zealand High Court. The Court has agreed to allow him to pay his lawyers $5 million using a bond that was seized during the illegal raid of his Mansion. He also got money for living expenses:

The money comes from a $10m government bond which was seized by the government on behalf of the United States as part of its internet piracy case against Dotcom and those involved in his Megaupload filesharing company. The United States position is that all the money and assets of Dotcom were gained through criminal copyright violation by internet piracy.

The ruling from Justice Judith Potter has also allowed Dotcom to sell some of the cars which were seized during the January raid.

[More...]

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