back to article Court ruling means Kim Dotcom can sue NZ spooks

Kim Dotcom has successfully applied to join New Zealand's Government Communications Security Bureau as a defendant in his litigation over illegal surveillance of his activities. Reg readers may recall that the Bureau tapped Dotcom's phones using powers that allow it to spy on foreigners. Dotcom, however, was a permanent …

COMMENTS

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  1. P. Lee
    Pirate

    Let's hope he takes the high road and just asks for an apology and commitment not to look after the interests of foreign powers.

    1. LarsG
      Meh

      NZ Gov will settle to keep all the stuff about the relationship with the US out of the papers.

      I think you will find that New Zealand Judges have bigger balls than the ones over here in the UK and will do what is right rather than be told what to do by those in Government.

      1. Anonymous Coward
        Anonymous Coward

        I think you will find that New Zealand Judges have bigger balls than the ones over here in the UK and will do what is right rather than be told what to do by those in Government.

        That is, unless the US decides otherwise..

      2. localzuk Silver badge

        @LarsG - what if Dotcom doesn't accept settling? He's entitled to his day in court, one side can't just 'settle' without the agreement of the other side.

        1. s0beit
          Megaphone

          I can't see how any settlement amount would be commensurate to the amount of money he would have made while he site was down. I wouldn't take it either, from a business perspective.

    2. Anonymous Coward
      Anonymous Coward

      Why not

      Accept the settlement that the US drop the charges against him, and he won't peruse the NZ authorities for illegal wiretap?

      No, I can't see the yanks going for that either.

    3. veti Silver badge
      Devil

      Kim Dotcom wouldn't know what "the high road" was, not if you gave him your car keys and an iPhone to navigate and told him it was the way to eternal bliss. The man is a natural-born bottom-feeder.

  2. Anonymous Coward
    Thumb Down

    truth out in court?

    Not if the courts are anything like the UK's ones.

    They'll just say it's all 'secret squirrel' and any contact with the US is protected under some kind of secret pact with the devil they made in the past.

  3. sueme2
    Black Helicopters

    Lets hope

    He gets them where it hurts. Pointing assualt rifles at kids? give them life. They are slime.

  4. Martin Budden Silver badge
    Coat

    I'd have thought that *not* raining massively in NZ would be more tweet-worthy.

    Mine's the waterproof one.

  5. JaitcH
    WTF?

    U.S.A. exposed for what it is ... a lawless country

    The U.S. AG Holder has discovered that not all countries have signed on to his "laws be damned" routine that is SOP for that country these days.

    And the NZ government, and in particular the judiciary, are to be congratulated on not capitulating to the illegal, heavy handed techniques of the FBI, etc.

    Canadians are ong accustomed to the USA treating our country as theirs, we have even had Americans come over the border and arrest and detain people, without the benefit of Canadian court support, and inveigle them back to the USA.

    Fortunately, the then Canadian government had the kidnapped party returned to Canada. Wouldn't happen these days with a Conservative government led by a wimp who makes toilet paper look like a tower of strength.

    Mind you, if Dot.Com does get his free trip to the US he needn't expect anything less than their citizen Manning got.

    1. JimmyPage Silver badge
      Thumb Up

      I salute Canada

      for refusing to extradite in capital cases, unless the death penalty is taken off the table.

      1. I. Aproveofitspendingonspecificprojects

        1 slut: Canada

        > I salute Canada for refusing to extradite in capital cases, unless the death penalty is taken off the table.

        Is that a joke?

        They had the Mounties kidnap one of their own ambassadors and let the CIA bungle it so he died in their custard.

        They shouldn't be letting anything go over the border to a country that is so trigger happy and shit for brains when it comes to dealing with furrrners and terrrrrrists and has no mechanism for telling the difference.

        1. Fibbles

          Re: 1 slut: Canada

          "and let the CIA bungle it so he died in their custard."

          I'd heard the CIA were into unconventional torture techniques but this is a new one to me...

    2. mark 63 Silver badge
      WTF?

      Re: U.S.A. exposed for what it is ... a lawless country

      wait! what?

      is Copyright infingemant a capital offence now in the U.S. ?

      1. Anonymous Coward
        Anonymous Coward

        Re: U.S.A. exposed for what it is ... a lawless country

        Download an MP3, get more than manslaughter...

  6. LinkOfHyrule
    Paris Hilton

    He should sue himself...

    ...for having a stupid surname!

    1. BoldMan
      WTF?

      Re: He should sue himself...

      and maybe you should sue yourself for showing up your mental limitations by putting inane comments on an internet forum! Bugger where's my lawyer, I'm going to have to sue myself now!

      1. LinkOfHyrule
        Happy

        Re: He should sue himself...

        I'm not going to sue myself for that! I have a 85% success rate - just because this one is getting thrashed in the voting - most of my total bollocks gets upvotes!

        I'm simply catering to the target market of this site!

        You win some and lose some!

        1. I. Aproveofitspendingonspecificprojects

          Thanks for clearing up the badge thing.

          So its silver for Silly version.

          What would the yellow ones be?

          Brassed off but has no life?

          And Oh Glod! another post by *-for brains?

          1. LinkOfHyrule
            Happy

            Re: Thanks for clearing up the badge thing.

            I don't get it why this silly comment of mine got so trashed in the votes but my other silly ones from the same day were so high - bunch of Megaupload fanbois! lol

            1. Oddb0d

              Re: Thanks for clearing up the badge thing.

              Probably for a lack of irony considering Dotcom has previously gone by various stupid names including the classics Kim Tim Jim Vestor and Royal Highness Kimble the First.

  7. Ross K Silver badge
    Facepalm

    If the allegation is true...

    ...I'd love to see Dotcom get a nice big settlement for this.

    It's just a shame the taxpayers will end up paying for the fuckups of the state, while the people responsible aren't punished and learn nothing from the experience.

  8. yoinkster

    I look forward to the day that we can have a genuine nice bloke nail the spooks, as much as I support this geezer in his case he's kind of annoying. Same with julian and mcafee. It would be nice to have someone likable getting their boot in. Say, a Samsung type person, one that everyone agrees with, likes and wants to win!

    1. veti Silver badge
      Unhappy

      There's a reason for that

      It does happen - remember Dmitry Sklyarov? - but 'nice people', by definition, are not publicity whores and don't know how to milk it like Dotcom does.

      Dotcom is scum, but he knows how to play the media. Oops, sorry, that should be: "Dotcom is scum, and therefore he knows how to play the media."

  9. Colin Millar
    Pirate

    Oops

    A head of spies that can't even check public records probably isn't much good at finding out secret things.

    I suppose his excuse will be that it wasn't on Wikipedia.

    Oops - it has its own heading "New Zealand's decision to grant residency"

    Maybe he should try "Oh - Dotcom? I thought you said Dot Cotton"

  10. Fatman

    Suing the NZ spooks

    I really hope that Dotcom does not settle, and forces the complete disclosure of everything.

    I have to wonder what kind of embarrassing documents (that may point to 'MAFIAA' involvement) may surface. It would be nice to know who the MAFIAA "owns".

    He might end up joining Manning as one in the ranks of those[1][2] who publish things that the US government (and, in this case, its MAFIAA overlords) would never want to see the light of day.

    [1] I recall something a few decades ago about the 'Pentagon Papers', and a chap named Ellsworth.

    Pentagon Papers: http://en.wikipedia.org/wiki/Pentagon_Papers

    Daniel Ellsberg: http://en.wikipedia.org/wiki/Daniel_Ellsberg

    [2] WRT politicians, and their nastys, the most (in)famous 'spectacle'embarrassing disclosure might well be Nixon and 'Watergate'. http://en.wikipedia.org/wiki/Watergate_scandal

    PS, Like the new ability for "badged" members to get additional html options.

    1. gemuk

      Re: Suing the NZ spooks

      manning revealed stuff that got innocent people killed. like the Iranian martial arts athlete.

      Wikileaks revealed nothing embarrissing to US government. In fact stuff like finding WMDs in Iraq actually had people wondering whether Manning was CIA. Manning/Assange should get life.

  11. asdf
    FAIL

    wow

    You know the US gov is f__king up when they are making Kim Dotcom look sympathetic. The guy is even more dodgy than a porn web site king but the law applies to all equally luckily in NZ for the most part it looks like. I get tired of being told on one hand how the government is out of money and but they always seem to find money to protect their corrupt officials from lawsuits (Sheriff Joe here in AZ) or to go after enemies of their political donors.

    1. Ross K Silver badge
      Black Helicopters

      Re: wow

      I thought Sherriff Joe was being sued by the DOJ, or is that just a sham?

    2. asdf

      Re: wow

      He is getting sued by half the county since his office not only misappropriated 100 million dollars which he spent on his cronies salary but he then decided to go on a witch hunt charging those in charge of auditing him with trumped up charges and finally being sued for neglecting to investigate over 400 sex crimes. I don't mind a tough sheriff but I would prefer one that is more into law enforcement and less into being a corrupt politician.

  12. stuartnz

    I got to participate in the TPI survey this year, and was delighted when NZ once again came 1st equal in the results. The proof given of the independence of our judiciary is probably the most encouraging thing to come out of the Dotcom saga, and this latest decision reinforces that. There is no way that the same NZ Govt which has allowed Jackson and his Hollywood mogul mates to destroy basic worker protections in the local film industry would be happy to see NZ judges so consistently standing up for the rule of law and doing their job. Especially since the PM is the Minister in charge of the intelligence services, the outcome of any case is likely to be a further embarrassment to him and his insistence that he's never even heard of Dotcom before he was arrested.

    I look forward to watching developments in this case, as it is increasingly shaping as a fight between the judiciary and the executive, with Dotcom as the proxy, and so far, the judiciary is way ahead on points.

    1. I. Aproveofitspendingonspecificprojects

      Do tell.

      > NZ Govt which has allowed Jackson and his Hollywood mogul mates to destroy basic worker protections

      Is this anything like the Star Wars scandals where everyone except the actors and screenwriters and whoever make money?

      1. stuartnz

        Re: Do tell.

        "Is this anything like the Star Wars scandals where everyone except the actors and screenwriters and whoever make money?"

        Pretty much. All the crew are no treated as contractors, exempting the studios from having to worry about trivia like worker safety or liability in the event of accidents. Jackson screamed and whined and howled and threatened, and got what he wanted, and a fortnight before the Hobbit premiere complained that NZ needs to be much MORE accommodating to Big Media if it wants more productions here.

    2. Alan Brown Silver badge

      The judiciary may be (mostly) straight

      But the police aren't. Gene Hunt lives on there.

      It was the repeated overturning of dodgy convictions by the House of Lords, usually with pointed comments about the standards of evidence and police conduct which was behind NZ's abolition of their use.

      The politicians thought Kiwi judges would be more likely to toe the party line. For the most part they do and it's been interesting to see judges with the gonads to not go along with what the police and govt wanted for a change - this has a lot to do with the fact that Kim Dotcom has pockets deep enough to actually defend himself.

  13. James 100
    Holmes

    Given the level of competence so far...

    ... the case will collapse after it comes out the government had actually screwed up the targetting entirely and been spying on his homeless illegal immigrant namesake Kim Dotorg instead...

    Sherlock, because he'd be bright enough to check his own immigration records before snooping. (Actually, he probably wouldn't bother, but he'd certainly know he was meant to!)

  14. ChaosFreak

    Weird Conspiracy?

    Yes, I'm sure he literally thought spy satellites were crying on him. It was a joke...didn't you see the smiley face?

  15. Anonymous Coward
    Anonymous Coward

    You can sue anybody

    It doesn't mean you can collect. Trying to collect from law enforcement performing their job is a real stretch. Considering that the pirated copyright protected works belong to U.S. copyright holders then the law was within their rights to tap his phone as he is a foreigner of the U.S.

    1. veti Silver badge
      Headmaster

      Re: You can sue anybody

      Really? When exactly did Congress vote to fund an agency to violate the sovereignty of friendly countries, to tap the phones of civilian businessmen, in order to enforce Hollywood's copyrights? Perhaps you'd like to nominate this agency as a candidate to be thrown over the fiscal cliff.

      And when you've researched the answer to that, perhaps you could point to where it says that the Fourth Amendment doesn't apply to "foreigners of the US".

  16. FozzyBear
    Pirate

    the truth wont come out

    They will admit their mistake in court and offer "appropriate" compensation for fucking him around, but, when asked for details between NZ and US the government they will simply say you can't have them. they will cite any number of different reasons, national interests or details are protected under some weird act. Either way he will get some money but not the pleasure in exposing any agreement the two governments have.

    Unfortunate really, as I'd love to find out how the fuck the US can make demands to another government for a simple matter of copyright violation, which is interestingly, a civil matter in all countries except for the US and now japan,

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