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The whole New Zealand-based spying operation against Kim Dotcom and his Megaupload co-defendants was illegal, the High Court has ruled. The revelation appears in a newly released decision, which shows the GCSB spy agency refusing to respond to questions about its activities on the basis that could jeopardize national security.
In the months that preceded the January 2012 raid on file-storage site Megaupload, authorities in New Zealand used the Government Communications Security Bureau (GCSB) spy agency to monitor Kim and Mona Dotcom, plus Megaupload co-defendant Bram van der Kolk. When this fact was revealed it developed into a crisis. The GCSB was forbidden by law from conducting surveillance on its own citizens or permanent residents in the country, which led to former Prime Minister John Key later apologizing for the error.
With Dotcom determined to uncover the truth, the entrepreneur launched legal action in pursuit of the information illegally obtained by GCSB and to obtain compensation. In July, the High Court determined that Dotcom wouldn't get access to the information but it also revealed that the scope of the spying went on much longer than previously admitted, a fact later confirmed by the police. This raised the specter that not only did the GCSB continue to spy on Dotcom after it knew it was acting illegally, but that an earlier affidavit from a GCSB staff member was suspect.
With the saga continuing to drag on, revelations published in New Zealand this morning indicate that not only was the spying on Dotcom illegal, the entire spying operation – which included his Megaupload co-defendants – was too.
Oopsie...
Source: https://torrentfreak.com/entire-kim-dotcom-spying-operation-was-illegal-high-court-rules-170825/ (archive)
(Score: 5, Interesting) by frojack on Saturday August 26 2017, @10:41PM (9 children)
Also reported in ArsTechnica [arstechnica.com] which pointed out that the whole extradition ruling by this SAME COURT may get quashed.
The court had ruled in February [theguardian.com] that his extradition to the US can go ahead. Now they rule the whole operation was illegal.
One has to wonder what National Security issues would be at risk in New Zealand if the GCSB were forced to tell the truth? Are there countries waiting to invade them?
No, you are mistaken. I've always had this sig.
(Score: 1, Insightful) by Anonymous Coward on Saturday August 26 2017, @10:44PM
Yes. They are fighting terrorism!
https://www.rt.com/news/400860-new-zealand-afghanistan-military/ [rt.com]
(Score: 4, Interesting) by c0lo on Saturday August 26 2017, @11:19PM (4 children)
Their own political class set at risk? Letting the Kiwis know the depth of the servitude of their politicians to US'es whims?
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 2) by PartTimeZombie on Monday August 28 2017, @12:11AM (3 children)
Those of us who pay attention are well aware what a bunch of lickspittles we have in our Parliament.
The next Government (we are having an election next month) will totally send some more of our soldiers to Afghanistan when the US tells us to, despite no-one having any clue what the hell we're doing there.
The real problem is that the political class are supported by the supine media, instead of being held to account by them, (Google Mike Hosking if you want to see a TV talking head happy to suck the Prime Minister's dick on live TV).
(Score: 2) by c0lo on Monday August 28 2017, @12:22AM (2 children)
Unfortunately, they are that different from their Ozzies counterpart.
So far, NZ "boosted" their troupes in Afghanistan by 3 (to 13), Australia went 10-fold - boosting by 30 to 300.
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 2) by PartTimeZombie on Monday August 28 2017, @03:11AM (1 child)
We have an election next month, no-one wants to try to justify sending troops to a country we have no argument with.
Things might change after the election however, depending what the US tells our government to do.
(Score: 2) by c0lo on Monday August 28 2017, @03:43AM
Ah, I see.
Good luck with the elections - even if I know (thanks for confirming) there are no parties to refuse to jump when US says so (Helen Clark with the "no nuclear ships in NZ" has shown a bit of a spine, even if on an inconsequential matter [stuff.co.nz]).
In Ozland, the Greens seems to play a slightly dissonant note [news.com.au], but:
a. the justification is based on the Trump's perceived lunacy - they might be part of the chorus with other president
b. it's not likely the Greens will form a govt any time soon.
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 2) by Runaway1956 on Saturday August 26 2017, @11:44PM (1 child)
"may get quashed."
Well, that only makes sense. "Guys, our ruling was illegal. We have no choice but to change our ruling. The hegemony can't take the suspect out of our country." Anything else defies logic.
(Score: 2) by Geezer on Sunday August 27 2017, @08:39PM
What the hell has logic got to do with law? Legal systems everywhere are designed for control. The justice and common good parts are window dressing.
(Score: 1, Interesting) by Anonymous Coward on Sunday August 27 2017, @06:10AM
> One has to wonder what National Security issues would be at risk in New Zealand if the GCSB were forced to tell the truth? Are there countries waiting to invade them?
One has to wonder why are they using such important capabilities against a web service operator...
If revealing the methods would endanger national security, then for the love of FSM don't use them for stuff unrelated to national security.