Damien Grant is excellent today on the Kim Dotcom case…
To a layman US law isn’t clear when it comes to the delimitation of the criminal and civil. The now famous Safe Harbour provisions of the Telecommunications Act, Section 230, was designed to protect firms like Megaupload from exactly the sort of charges the renegade quartet are facing.
US prosecutors claim that the actions of Dotcom and his co-accused mean they invalidated that cover. Maybe. Maybe not. I know as much about US Telecommunication Law as I do about the correct use of the semi-colon; so I’ll let others better qualified than I answer that question.
For me, there is a bigger problem with this case. Van der Kolk and the others were not in the United States when these alleged crimes were committed.
Is it our position that if, as a resident of these shores, you do something here that is illegal in a foreign country that nation can demand you be sent offshore to live out your days in a foreign prison?
The imperial claim being made is that if anyone, anywhere in the world, breaks a US law then the US is asserting a right to drag them Stateside for punishment.
…the Kim Dotcom case was always about a political threat to Democrats to elevate corporate Hollywood profits into a National Security level so America could expand its jurisdiction into cyber space.
The unbelievable injustice of this entire fiasco should shame us all. 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 gave US agencies 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.
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