Surprise, surprise – the NZ Herald says Kim Dotcom should be forced back to America where he won’t be able to use his own funds to defend himself against the full weight of Corporate Hollywood. The NZ Herald of course was deeply involved in the setting up of Kim Dotcom over the election and infamously described drunken students chanting as ‘Nazi chants’ so an editorial demanding Kim goes back to America is like Paul Henry or Mike Hosking defending John Key’s bullying of a waitress.
The schadenfreude being displayed by so many at Dotcom being renditioned to America is ugly.
There are 2 reasons why you as a NZer should care about the Kim Dotcom case.
The first is the unbelievable injustice of the entire fiasco. Kim was illegally spied upon by the GCSB, he was set up by NZ immigration services so that he would enter the country in the first place, our security apparatus slavishly followed US agencies with a live feed to the NSA during the raid, the entire event was politically motivated after Corporate Hollywood threatened to with-hold donations to Obama’s Presidential bid if they didn’t make a symbolic gesture against internet piracy, and the case against him is so weak it looks like incredible over reach by our authorities and US authorities…
Harvard professor says Dotcom allegations lack merit
Dotcom’s extradition hearing is due to start next week and the latest legal twist in the case has been filed in court this week.In submissions put forward by Dotcom’s US lawyer Ira Rothken yesterday, Harvard Law Professor Lawrence Lessig said the United States allegations lacked merit.
Mr Rothken told Morning Report today that the legal team was very pleased to have someone of Professor Lessig’s status say that Dotcom committed no crime.
“We think that it’s not only beneficial for Kim Dotcom, but for internet users across the globe, who make use of technologies like cloud storage on a daily basis.”
The United States has been trying to extradite Mr Dotcom since January 2012, when he was arrested on copyright and money-laundering charges relating to the now-defunct Megaupload website.
Later that year Mr Dotcom was found to be the subject of illegal spying by the GCSB, after which an independent review of the bureau was ordered.
Mr Rothken said the case against Dotcom should have been thrown out before it was even filed.
“We think the United States should take a look at this and seriously re-evaluate their case.”
Dotcom will appear before the court on Monday.
…this case has been an abomination of legal process, jurisdiction and injustice. You might not like Kim Dotcom, but the manner in which his rights have been breached and 70 odd armed paramilitary cops broke into his home and terrorised him and his family is as unacceptable as the abuses of power used in court against him.
This is not what our justice system should be used for, we are not a puppet for US interests, we should be a sovereign state with our own laws and judicial system that is beyond influence by America and their corporate overlords.
But the injustice of this case may not move you. You may have bought into the media hype of Dotcom as a Bond Villain and enjoyed his failure at the ballot box. You may have decided that despite Assange, Snowden and Greenwald proving at the Moment of Truth that John Key lied to us about mass surveillance, that Kim fell short of what he promised and he got his just desserts.
If you fall into that category then the possibility of being sued if this goes south may concern you…
New twist in Kim Dotcom case
The managers of the nation’s finances were kept at arm’s length when the Kim Dotcom case required Kiwi taxpayers to underwrite a potential future legal suit from the internet entrepreneur, a new document shows.Instead, then-police commissioner Peter Marshall signed the “undertaking in respect to costs and damages” – the agreement which would allow Dotcom to sue New Zealand if it emerged the FBI case against him was unfair and unfounded.
It was the first time that the Crown was required to give an “undertaking” in a case where the property of someone facing charges was seized and was because the charges were brought by a foreign agency.
The need to provide an “undertaking of liability” emerged after police seized the tycoon’s cash and property without notice. The law required Dotcom have the chance to challenge the seizure and be given formal notice of his right to sue the Crown.
The need to provide an undertaking in March and April 2012 surprised the Crown and the Herald sought details of the debate and consideration over the risk to which NZ was exposed through the Official Information Act in July 2012. Treasury refused to supply the information sought so the Ombudsman was called on to investigate.
After three years of deliberation, Chief Ombudsman Dame Beverley Wakeham found there was a “public interest” which would be met by releasing a summary, which Treasury sent to the Herald this month.
The summary showed there were meetings “to discuss the case and how to inform ministers” were held Crown Law, police, the Ministry of Foreign Affairs, Ministry of Justice and Treasury.
On March 22 2012 Finance minister Bill English was told he “did not have a role in approving or signing off this kind of undertaking”. Instead, it was the Commissioner of Police’s role under the Criminal Proceeds (Recovery) Act.
While Mr English was kept briefed – including a briefing from Mr Marshall and Attorney General Chris Finlayson – there was no process established through which he was able to be formally involved in the undertaking.
Under the Public Finance Act, Mr English is responsible for matters which might impact on Crown accounts. Dotcom has claimed the loss of Megaupload cost him more than $2 billion although others have argued the impact is far less.
The summary provided to the Herald said there had been a review of the mutual legal assistance framework of which Treasury was a part. It “intended to use the forum to recommend the establishment of a consultation process and set out criteria for issuing undertakings”.
The requirement to give an undertaking to the court to meet any damages was a factor which put Sony off joining a civil case seeking to claim Dotcom’s assets, emailed hacked and released last year revealed. Sony’s top copyright lawyer, Aimee Wolfson, said it was “not at all unimaginable” Dotcom would avoid extradition or even successfully defend himself in the United States.
The studio is not a participant in a case in NZ courts with discussion in the emails showing potential exposure to a legal suit from Dotcom concerning executives.
The risk to which New Zealand is exposed was underscored by a legal opinion released today from Harvard University’s professor of law Lawrence Lessig, one of the world’s leading experts on copyright law. He said the FBI charges would not stand up in US courts and there was no basis in law for Dotcom to be extradited.
…let’s re-read that again. Sony decided not to sign up to the case against Dotcom because they believed there was a chance he would get off these trumped up charges and in turn sue everyone involved in taking him down to the tune of $2billion???
And we had to sign up to this?
So how much exactly are we on the hook for here? If you don’t care that he has been unjustly dealt with and his rights breached, you may be in for one hell of a shock if he wins and we are left paying for this politically motivated prosecution.
I could not care less.
I could not care less.
That’ll be why you read the article, bothered to comment and down voted the post.
I down voted the post? That’s news to me.
I have every sympathy for Kim and I hope in the interests of all honest people he wins!!!!!
[…] Source: Why you should care about Kim Dotcom’s case « The Daily Blog […]
You see….this is what happens when the REAL crims start to have their plans unravel… they jump ship , start inter-factional warfare and sell each other out to save their own skins…
If those in positions of influence had been able to get past their slavish adherence to foreign vested interests and halted their avarice and lust for advancement they wouldn’t have put themselves ( and us ) in this vulnerable position in the first place.
It is interesting that Prof Lawrence Lessig issued that statement.
It is interesting that the executives of SONY acted in such a gutless manner as well… something to hide , perhaps?
Certainly does seem like a case of their knees beginning to knock together…
Interesting as well that under the terms of the TTPA if a country passes legislation that impedes or reduces that corporations profits that they can then sue that aforesaid country… in which case… if it is found that Dotcom is indeed found not guilty , … he and his co defendants are, quite rightly free to sue this country and various others for multiple losses such as damages to reputation and loss of profit.
Massive loss of profit.
And then there would be the illegalities regarding the manner in which the whole arrest and seizure was carried out by the NZ Police under the direction and auspices of the NZ govt – under John Key.
Another interesting point : if in fact as has been demonstrated by this latest ruling – that of our own sovereign law being made subservient and therefore undermined – by accepting a foreign powers laws and thus influence that has pervaded this illegal arrest and seizure of assets culminating in this latest trial ,…. then it follows that the statement of Prof Lawrence Lessig would apply not only to this country’s govt dept’s …but could even reach further to those individuals involved in signing off documents… furthermore ,… defamation cases against those media outlets that had a hand in slanting evidence and influencing public opinion…
So we now see many individuals , govt depts , media outlets involved in any possible legal dragnet created if Dotcom is cleared and decides to sue…
Which, …under John Keys TTPA ,… Dotcom would be fully entitled to do.
You cannot have things both ways with one law for some and another law for others… and no matter if you like or dislike Dotcom… that is the plain fact of the matter.
And that, my friends,… is what the whole concept of democracy is based upon.
I don’t think they expected KimDotcom would put up the fight he has.
They may of thought he would fold quickly, it would be all over and that The Internet Moguls would of been taught a lesson. They are cowards and hide behind governments, etc, and will bail if things get to tough. The sad thing is the taxpayer will be left to fit the bill and compensation with none of those behind the scam being held to account.
It would be poetic justice if this country did have to foot the bill in compensation – it might just be a wake up call to all the self righteous ‘ tax payers’ that you just don’t go around shitting on people because they happen to be German , or a person who just so happens to have more intellect regards technological things than they have.
And that intellect shows in taking on all the foul skulduggery that this govt has had to throw at him. And still the man is standing.
Might have something to do with all the illegality’s this govt has tried in getting this man laid low.
Its about time that NZ ers woke up to the fact that its a big wide world out there and a whole lot more ways of doing things and improving things than this govt would like us to believe.
Ill give you an example of how corrupt this govt really is :
If there was a historic case committed several decades ago – the Police would still be interested in pursuing any leads given to them if it led to a conviction.
WHY THEN … has Key been allowed to go squeaky clean after being complicit in an illegal arrest warrant , seizure of assets , illegal surveillance …
JUST BECAUSE the man is the PM of this govt – where does it all stop?
DO WE make tax evasion legal for a day then to cover our arses we change the law the next day to avoid prosecution before the media get hold of it?
Because IN PRINCIPLE – this is the same sort of mentality that has happened surrounding all the scurrilous dealings in getting Kim Dotcom extradited.
You know. I like Kim. I think he is real. I think he is being screwed over and I think the Governments actions in this were terrible. The Government has certainly lied. (As an aside, I’m sure that Banksy lied too). However I also think that Kim and his cohorts did know that what they were doing was dodgy and did know that they should stop it. I think they did try but perhaps with not as much eagerness as we might have liked had the property being shared online been theirs.
But then what about all the other online spaces where things are shared? Even Youtube. Why are all these other online businesses where people store and share stuff not being prosecuted? Because he’s an easy target? Because he has a criminal record?
I challenged the Editor of the NZ Herals on his editorial of 26th December by submitting an immediate reply. The editorial staff consistently refuse to publish my letters, so I now submit it the the TDB. quote’ Subject: United States of America v Dotcom and Ors.
It is certainly not my place to criticise the decisions of a District Court Judge, but it is my right as a proud New Zealander to comment on the outcome of the Judicial Review in the CIVIL case of the USA v Dotcom and Ors, 23rd December.
I refer the reader to an article in the NZ Herald of 24th October 2015 about a certain Mr William Lam, living here and on the lam from the Chinese Government for alleged corruption and money laundering , which is a CRIMINAL matter. The monies suggested total $129 million, less than the figure quoted by the Herald, at $180 plus million in the Dotcom Affair.
Whilst the Internal Affairs officials indicated and I quote ‘….that Mr Yan had not passed the good-character test and should not receive citizenship……’, this advice was overruled by a senior politician and I quote ‘…because of his concerns that Mr Yan would be killed if forced to return to his homeland….’.
That whilst Kim Dotcom may not be executed should he be extradited, we can be certain that he will be incarcerated for a lengthy term and broken by the USA courts, to satisfy the Hollywood Moguls and the International Media conglomerates.’
I now exceed the 200 word requirement and will add that the following;
1. That this affair has cost the taxpayer much in court costs is, Mr NZ Herald Editor , Justice is precious and and not to be underrated by matters of national cost.
2. To your last sentence I say NO. He should NOT go now and he deserves the protection of our country’s sovereignty . I predict that Higher Courts will adjudicate on this ” debacle”.
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