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Kim Dotcom Demands Access To Seized Property To Defend Himself 236

Posted by samzenpus
from the let-my-hard-drive-go dept.
redletterdave writes "On Wednesday, Kim 'Dotcom' Schmitz and his legal team visited the High Court in Auckland, New Zealand, to demand access to the data stored on his computers and hard drives that were confiscated during the police raid, and also requested a judicial review of the general legality of the search warrants police used to raid his mansion. Dotcom's lawyer, Paul Davison, argued that his client needs the data for a few reasons: To mount a 'proper defense' case, to fight possibly being extradited to the U.S., and also to show that 'excessive police action' was used during the raid. Dotcom could prove this in court because the entire raid was recorded by CCTV data, which is stored on Dotcom's confiscated computers. Even though the FBI demanded Dotcom turn over the passwords for Megaupload's encrypted data, he refuses to give up any passwords until he can regain access to his seized property."
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Kim Dotcom Demands Access To Seized Property To Defend Himself

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  • How does it taste? (Score:5, Insightful)

    by DigMarx (1487459) on Wednesday May 23, 2012 @06:31PM (#40094985)

    What's the German word for "the boner you get from too much Schadenfreude"? Speaking as an American expat living in NZ: fuck the US government and its thuggish international corporate rent-a-cop policies.

    • by Bacon Bits (926911) on Wednesday May 23, 2012 @09:09PM (#40096035)

      What's the German word for "the boner you get from too much Schadenfreude"?

      "Schadenfrisky".

    • Re: (Score:3, Funny)

      by Anonymous Coward

      What's the German word for "the boner you get from too much Schadenfreude"?

      Duh: "zebonerjugetvontoomuchSchadenfreude"

    • by NorQue (1000887)

      What's the German word for "the boner you get from too much Schadenfreude"?

      I guess I'd call it a Schadenfreudelatte, analog to Morgenlatte, which is the boner you have right after waking up. Since I think there's a special place in hell reserved for Kim Snitch^WSchmitz I wouldn't ever have such a thing over his case, though.

    • by Qbertino (265505)

      What's the German word for "the boner you get from too much Schadenfreude"? Speaking as an American expat living in NZ: fuck the US government and its thuggish international corporate rent-a-cop policies.

      That would be "Schadenständer".

      Hehe.

    • What's the German word for "the boner you get from too much Schadenfreude"?

      Schadenwoode?
  • by betterunixthanunix (980855) on Wednesday May 23, 2012 @06:35PM (#40095017)
    We need to settle this issue, so that people at least know where they stand when it comes to key disclosure in the United States.
    • by optimism (2183618)

      You can always use the Ronald Reagan defense: "I don't recall"

      • My personal favorite to come out of the Iran-Contra affair, Reagan's address in 1987: "A few months ago I told the American people I did not trade arms for hostages. My heart and my best intentions still tell me that's true, but the facts and the evidence tell me it is not."

        What the fuck does that even mean? Reagan was such a corporate shill, although to be fair, one could argue that he was a corporate shill long before he got active in politics.

        • by BlueStrat (756137)

          "A few months ago I told the American people I did not trade arms for hostages. My heart and my best intentions still tell me that's true, but the facts and the evidence tell me it is not."

          What the fuck does that even mean?

          Probably about the same thing Obama would mean about Fast and Furious if he were ever to testify about his knowledge and involvement in the criminally-negligent-at-best actions taken by the DoJ in that investigation at some (improbable, unlikely) future official hearing into it that would actually subpoena him to testify. See also: Eric J. Holder.

          Strat

          • Why is it whenever someone criticizes Reagan or Bush (or any Republican for that matter) there is always someone at the ready to through Obama into the conversation? What the fuck does Fast and Furious or Obama have to do with Reagan, which was what I was directly responding to?

            Is it to even the score or something? And if so, who the fuck is keeping score? Why does criticism of a Republican intimate support of a Democrat to so many people? It's not fucking binary; there are more than two states of being

  • reminds me of that scene in Cryptonomicon when Randy is trying to selectively delete evidence that can incriminate Epiphyte.
  • Hypocritical much? (Score:5, Insightful)

    by Mysteryprize (2466438) on Wednesday May 23, 2012 @06:36PM (#40095023)
    The US government has illegally copied his data, in the hope of extraditing him of charges of illegally copying other peoples data.
    • by kiwirob (588600) on Wednesday May 23, 2012 @06:51PM (#40095133) Homepage
      Tell me it's not so!!! Can we now please indite the FBI on charges of copyright infringement please. A story in the NZ papers said that have taken copies of storage devices that contain home movies and other personal items. Will the FBI now have to pay $150,000 for each file they have illegally made copies of? It would seem that the FBI have been working with the NZ Police on getting copies of this private data, would't that mean the FBI are now a party to "conspiracy to commit copyright infringement"!

      As a New Zealander I'd like to send a message to the USA Government, "please get the fuck off my front lawn!".
      • by the eric conspiracy (20178) on Wednesday May 23, 2012 @07:38PM (#40095465)

        Usually people making copies for criminal investigations have immunity from that sort of copyright claim.

        In US law it's worded like this:

        Law Enforcement, Intelligence, and Other Government Activities. â" This section does not prohibit any lawfully authorized investigative, protective, information security, or intelligence activity of an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State. For purposes of this subsection, the term âoeinformation securityâ means activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network.

    • Re: (Score:2, Interesting)

      by Anonymous Coward

      In this case, they physically STOLE his data because his company made it easy for other people to INFRINGE on copyrights. This might be the first time that anybody has ever been able to correctly use the words "steal" and "theft" in talking about a copyright case.

    • by wbr1 (2538558)
      Yeah, and the government murders people too, to say that murder is wrong.
      Looking for sanity in all the wrong places my friend.
      • Re: (Score:3, Insightful)

        by C_amiga_fan (1960858)

        Sadly the government also kills innocent people, not just criminals. Typically it happens after knocking-open the door, and shooting the pet dog, or a little boy, or a daughter, or an Iraq veteran, or a grandmother (all documented cases published in the news). Then they call this an "accident" instead of what it really is: Murder.

        • by hot soldering iron (800102) on Wednesday May 23, 2012 @09:43PM (#40096263)

          Sadly, you are very correct.
          Back in Dallas, in the 90's, I personally knew people that had their door kicked in by the "Drug Task Force", teargas thrown, and the husband was thrown out of his wheelchair, which was then roughly dismantled/broken in front of him while they "searched it for weapons". What were they guilty of? Living at the house when the police went to the WRONG ADDRESS. A similar incident resulted in a newborn baby's lungs being permanently scarred by tear gas.

          The police started curbing their actions when they started getting shot going into houses that were supposed to be easy pickings. The drug dealers had started buying "look-alike" uniforms via mail-order, and pulling raids on rival dealers using the same tactics of the police. When someone steals a dealers drugs and money, the dealer is still on the hook to his supplier. When they heard, "Dallas PD! Open up!" all they could think of was "Those bastards are back! Eat hot lead!"

          The lesson here? Poor, honest, people can't afford lawyers to sue city hall to behave correctly, but drug dealers willing to kill a cop will make them watch themselves very carefully.

    • by smash (1351)
      Actually, its worse. They illegally took it from him, not a copy of it.
  • by evanh (627108) on Wednesday May 23, 2012 @06:49PM (#40095119)

    It was on the local news last night. The FBI are confirmed to now have a copy of the personal HDDs.

    It's causing a bit of a stink as it looks like the Police have done it illegally given they had previously agreed to return them first.

  • by Anonymous Coward on Wednesday May 23, 2012 @06:51PM (#40095143)

    ... he's guilty as hell of violating US law. Writing as a non-American living outside US territory who has never set foot inside US territory, I hope that Kim Dotcom succeeds in stopping the US extradition request. Extradition should be reserved for those who committed crimes in the country that is requesting extradition or for war criminals. A case might be made for "hackers" (security breakers) that plant malware that destroys another country's computer systems, but not for people whose crime involves not destruction but the "creation" of more data.

    • So you are saying if Mr X living outside the US hires someone to commit a crime in the US, he shouldn't be extraditable to the US?

      • by Anonymous Coward on Wednesday May 23, 2012 @08:29PM (#40095805)

        Yeah, why not?

        George Bush hired people to commit crimes in Iraq and the USA still haven't extradited him to face justice from his victims. Or is extradition something that should only happen to non-US citizens?

      • He should not be extraditable if the crimes are petty or if what Mr X did is legal in his country.

    • Re: (Score:2, Interesting)

      by Anonymous Coward

      Well, no. [1] Physical presence of the perpetrator should not be required -- if the crime causes damage in that country, then that's real presence. [2] Why war criminals? Don't forget they're _accused_ war criminals for starters, and wtf not have the country hosting them deal with them? If they're willing to extradite, then they're friendly to the accused, so can get on with themselves. [3] Creation of data, or anything else, can wipe out jobs -- real damage. Loss of food, health care, infrastructure, homes

      • by cheekyjohnson (1873388) on Wednesday May 23, 2012 @09:03PM (#40095993)

        [1] Physical presence of the perpetrator should not be required -- if the crime causes damage in that country, then that's real presence.

        Copied files! Oh, the horror! That's almost as bad as a kid selling lemonade without a permit!

  • by bzipitidoo (647217) <bzipitidoo@yahoo.com> on Wednesday May 23, 2012 @07:12PM (#40095263) Journal

    One of the principles to come out of the Steve Jackson Games case [sjgames.com] is that the accused can't be deprived of their computer equipment and data. Law enforcement may only make copies of data.

    • Re: (Score:3, Informative)

      by twistofsin (718250)
      The previous post is missing a disclaimer:

      *If you can afford to lawyer up and get your shit back. Otherwise they'll gladly keep it until you drag them to court.
      • by djlowe (41723) * on Wednesday May 23, 2012 @09:19PM (#40096111)

        The previous post is missing a disclaimer:

        *If you can afford to lawyer up and get your shit back. Otherwise they'll gladly keep it until you drag them to court."

        The previous post is missing a disclaimer:

        Today, in the United Fascist States of America (UFSA for short, spread it around!), you're more likely to be branded a cyberterrorist, and then you'll be in a world of shit: You won't get any due process, because you are, after all, a terrorist. Hell, if you're overseas, President Obama might just authorize your assassination, because obviously the US Constitution doesn't apply in foreign lands, right?

        Regards,

        dj

        P.S. I had an account on the Illuminati BBS when it was seized (had to call long distance from NY to get to it), and I was shocked, appalled and angered when I learned of the raid.

        Although it worked out in the end, and Steve Jackson Games won, doing so was an enormous hardship for the company at the time. It was, in addition to the fact that they make great games, another reason that I bought as many of their games as I could at the time, and continue to do so to this day.

    • by tobiah (308208)

      That was in the U.S., and didn't involve uncracked encrypted systems.

  • There's no one worth rooting for here. Governments FAR overstepping their bounds primarily at the will of big business or a money laundering scumbag? Who do you root for here? This isn't even just a matter of the lesser of two evils - it's just a matter of size. IMO, this looks more like clan warfare, but instead of spears and AK-47s, they use money and men in suits.

  • How come the 24/7 enhanced interrogation/torture hasn't either got a confession or killed him by now?

    I don't think those Kiwi police know what they're doing.

Business is a good game -- lots of competition and minimum of rules. You keep score with money. -- Nolan Bushnell, founder of Atari

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