Press Release by Kim Dotcom

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You all know that, five years ago, the Government Communications Security Bureau (GCSB) broke the law and secretly intercepted my family’s personal communications. I have been trying to get access to the intercepted communications – my communications – ever since.

The GCSB was forced to admit what it did and John Key to say sorry. But the reality is the GCSB didn’t care. It didn’t care about my family’s privacy when it violated it, just like it didn’t care about the other 87 instances where it is known to have done the same thing. Because, after being caught, the GCSB has fought to keep what it did, and how, a secret from me and from you, the New Zealand public. Worse, it seeks to hide behind “national security” to keep the truth from us.

To keep this secret, the GCSB applied to the High Court. It filed secret evidence and secret submissions. The GCSB’s lawyers were heard in a “closed” court with the Judge, where they made secret submissions and secret witnesses gave secret evidence. My lawyers and the public were not allowed to be present at that hearing. When my lawyers were heard, after that hearing, they had to make submissions as to why information they were not allowed to see, for reasons they were not allowed to know, should be disclosed. They were effectively shooting at a moving target, in the dark, with one hand tied behind their backs.

On 14 July 2017, Justice Gilbert in the High Court found that my intercepted communications should not be disclosed to me: https://www.scribd.com/document/354218578/CIV-2013-404-2168-14-07-2017. He found this even though he accepted that there was no suggestion that I had been engaged in activities threatening national security, and even though he heard evidence from Glenn Greenwald that the intelligence community’s surveillance capabilities are largely in the public domain.

He considered this information was not relevant to my claim. He said my claim should not be a “means to facilitate debate as to whether the defendants or other agencies could engage in mass surveillance of members of the New Zealand public or whether they have done so on other occasions.”

It may surprise you that it is not relevant how and to what extent the GCSB broke the law and invaded my family’s privacy – not for New Zealand‘s national security but to assist the United States of America to extradite me.

It can’t be right that there is one law for you and me and another for the Government. If I am to be tried in public for crimes I deny, the Government should be tried in public for what it has admitted it did to my family, and others. It could happen to you too if we let this go unchallenged.

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I will appeal this judgment and ask the Court of Appeal to shine some cleansing sunlight on what happened here. If there is transparency, there is accountability, and we can prevent this happening again.

This is not just about me. This is about how safe we all are from unlawful surveillance and, when it happens, how we can ensure those responsible are held accountable. Right now, we can’t. My lawyers and I will do what we can, up against the state and its resources, to change that.

There is a saying: who watches the watchmen? I will fight on, and keep asking this question, hopefully with your continued understanding and support.

10 COMMENTS

  1. You have our support for transparency for sure hear, as the Government must be open to public scrutiny otherwise the PM must declare that we are under ‘Marshall control” or being effectively under a total dictatorship.

    Even under Donald trump administration he does not do this as the judiciary has been given special powers to become Independence of Government control.

    So we in NZ must be a Police state or a dictatorship.

  2. New Zealand definitely has a problem with misuse of power that needs curtailing and the culprits held to account. I hope this will happen on my watch.

  3. New Zealand, in my considered opinion, is a corrupt, polluted tax haven.

    A ‘banana republic’ – without the bananas or republic.

    If New Zealand is ‘perceived’ to be the ‘least corrupt country in the world’, according to the Transparency International 2016 ‘Corruption Perception Index’ – then arguably we should be the MOST transparent?

    So – while there are outrageous, UNLAWFUL attacks on the privacy of citizens – there is very little transparency regarding those in public office.

    I have just returned from The Hague – where I was invited as an NZ ‘Rule of Law expert’ to the World Justice Project 2017 International Rule of Law Forum.

    There – I exposed the corruption REALITY of New Zealand, and recommended that the Transparency International ‘Corruption Perception Index’ be screwed up and thrown into the rubbish bin of history.

    If Transparency International could get it SO wrong with NZ – then why should anyone take the slightest notice of ANYTHING they said?

    400 leading ‘Rule of Law’ experts from 75 countries.

    I now have their names …..

    Penny Bright

    ‘Anti-privatisation / anti-corruption campaigner’.

    2017 Independent candidate for Tamaki.

    (Exposing the $1.6 BILLION Tamaki ‘Regeneration’ – GENTRIFICATION $CAM.

    • I also have issues with our highs rating in freedom of the press type lists
      Our best and most acclaimed(internationally) investigative journalist ,Nicky Hager is abused by NZ politicians, hounded by the police,discredited and rubbished by his fellow NZ journalists, and is virtually alone in exposing the excesses and dishonesty of govt
      So our journalists dont get knocked off, they have to be some of the most compliant , sycophantic, gutless journalists in the world, they keep their jobs that way

  4. Unfortunately New Zealand lost idependance when it elected an ex Goldman Sachs banking prostitute as its Leader thus enabling the US servalent state to operate from within NZ

  5. The US Emabassy in Wellington has expanded its facilities since concessions against Kiwi privacy were championed by banker JK who normally lives out side of NZ.
    He trades on NZ citizenship to block US scrutiny of his private financial affairs as well as running blind and other trusts.
    5 Eyes was never floated as a deal for Kiwis to take to a ballot on and since its inception there has been creeping additions to its function.

    Kim you may not have been and adopted Kiwi for long, but as a target for US interests to bash fully backed by deep states control withing NZ, many Kiwis are behind you in defending our rights to transparency and protection against US interests manipulating Kiwis and NZ law on Kiwi soil.

    You should have state support not state collusion with dodgy US corporates.

  6. If you thought you were innocent you would return to the U.S. and prove it. The fact that you will not says it all.

    • The axiom “Innocent until proved guilty” still stands.

      An accuser has to show evidence and argument to the accused around the charges leveled. Kim has been denied this basic right.

      Innocent parties have had their private data impounded without compensation. They own the data not US corporates. This is a malicious attack with no respect for private property.

      The digital world has changed everything and new approaches needed may well rule out old wide sweeping proprietary claims on generic intellectual property as interpreted in the US.

      Corporate US violation of intellectual property rights is widespread and protected by massive backing that would financially destroy anyone who stands in their corporate paths.

      NZ as a sovereign nation should not tolerate such injustice.

      When they come for you protection from our Govt would be expected.

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