High Court Terms Mission Kim Dotcom As Illegal. And Wrong

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Kim Dotcom may find a way out. No thanks to his lawyers though.

Recent media reports have revealed what many thought of as the truth from the start:

The government did not do justice to Kim Dotcom in their spy operations against the man.

Now, the High Court has also ruled that the entire spying operation, based in New Zealand, that government had launched against Kim Dotcom along with Kim Dotcom’s Megaupload associates was indeed illegal.

This revelation has made its way into the headlines after the High Court released its latest decision.

The court’s latest decision shows that they had found out many irregularities with the whole operation.

The spying agency behind the operation, GCSB, had actually refused to answer questions related to the organization’s activities.

Why?

Because, according to the organization, any responses would potentially jeopardize the nation’s security.

What Operation?

First, let’s call it a raid.

The raid against the hugely popular file-storage website, Megaupload, happened in the early months of 2012.

For precision’s sake, the raid took place in January of 2012.

Who carried out the raid?

Law enforcement organizations in New Zealand along with Government Communications Security Bureau, the spy agency, carried out the operation against Kim Dotcom.

How did they carry out the operation?

They monitored Kim Dotcom and Mona Dotcom round the block.

Moreover, they also monitored the Megaupload pair’s co-defendant Bran van der Kolk.

You don’t need us to tell you that when media reports came out with this piece of news, it turned the whole situation into a huge crisis.

The law forbids organizations such as Government Communications Security Bureau from carrying out surveillance operations on the country’s own citizens.

Moreover, the law also says that spying agencies can’t surveil any person that is considered as a permanent resident of the country.

And perhaps the officials in the country know this fact.

How do we know that?

Because, when this news came out, John Key, the former Prime Minister of the country, actually came out and apologized for the unfortunate error.

What Is Kim Dotcom Trying To Do About This?

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His piracy site isn’t going to come back online no matter what happens.

Kim Dotcom, as ever, is defiant.

He says he wants to uncover the whole truth.

Moreover, Kim Dotcom, the entrepreneur, also launched a legal action against the spying agencies who carried out the raid against him.

Media reports say that now Kim Dotcom is pursuing the information that Government Communications Security Bureau obtained via illegal means.

Kim Dotcom also wants the court to award him compensation for the damage that raid caused him and his business.

The High Court concluded back in July that Kim Dotcom would not get any access to the seized information.

Along with revealing that particular information, the High Court also revealed some other very interesting stuff.

Most of the stuff related to the actual scope of spying that went on.

The High Court found out that spying agencies had kept tabs on Kim Dotcom operations for a much longer period of time than previously thought.

No one had previously admitted that spying agencies had spied on Kim Dotcom for this long a period.

This has now become a fact since the police itself has admitted that law enforcement agencies did indeed monitor Kim Dotcom for far longer than known before.

Spying Agencies Violated Kim Dotcom’s Right To Privacy But Why Is That Bad?

All of the new information raises some very important questions.

But more importantly than that, the new revelations raise the crucial point that  Government Communications Security Bureau committed a lot of illegal actions.

What sort of illegal actions?

Well, first it spied on Kim Dotcom.

Second, it continued to illegally spy on Kim Dotcom even after the fact had become known to them.

Moreover, we now also know that a much earlier affidavit by a Government Communications Security Bureau later came to be known as a suspect one.

The saga is still continuing though.

And experts in the industry expect it to drag on for much longer.

These “New Zealand Revelations”, as some media sections are calling it, will surely cause more trouble.

After the morning of August 25th, everybody came to know that spying agencies committed an illegal action by spying on Kim Dotcom.

Moreover, the whole of the spying operation didn’t follow the law either.

In other words, there is hardly anything that the spying agencies did which could be termed as legal.

The spying operation on Kim Dotcom Megaupload co-defendants was also deemed to be illegal.

What Are The Basis Of These New Reports?

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Kim has enabled millions of people to share and download illegal files.

Kim Dotcom can thank Lawyer Peter Spring for the revelations.

Why?

Because Peter released the documents to all relevant entities.

Most of us already know that Peter Spring is currently acting as a lawyer for Bran van der Kolk as well has Mathias Ortman.

Spring told reports in the media that the High Court’s latest decision clearly showed that the entire surveillance program and operation never fell inside the authorization zone of Government Communications Security Bureau legislation.

There are also questions about the relevance of the operation at the time.

Our readers should also know that even though media reports have just published the High Court’s decision, the actual decision came back in December of last year.

That is a full eight or nine months after the fact.

In other words, the High Court made the decision about nine months ago.

But the decision has only come to light just recently.

Kim Dotcom Details

Kim Dotcom currently is actually a permanent resident of New Zealand.

The High Court, along with many other entities, have long established the fact that the Government Communications Security Bureau indeed acted illegally when the agency decided to spy on Kim Dotcom.

But here is the interesting bit:

Megaupload and Kim Dotcom co-defendants, Mathia Ortmann and Finn Batato, aren’t exactly permanent residents of New Zealand.

They are what everybody in the country calls foreigners.

And hence, law enforcement agencies along with spying agencies considered both these personalities as valid surveillance targets.

Now, because of the recent revelations, everybody knows that Government Communications Security Bureau had never planned to mount a solid legal defense for its actions.

The agency also had no plans on revealing its dubious methods related to surveillance.

All of his basically hurts the agency’s case.

And if it wanted to boost its legal position, that hasn’t come quite yet either.

What Does The High Court Say About Kim Dotcom Case Recent Revelations?

The HIgh Court document clearly read that the circumstances of the agency’s interceptions of Batato’s and Messrs Ortmann’s communications were indeed Top Secret.

Furthermore, the HIgh Court document said, however, it had not proved possible for the concerned parties to plead to the plaintiff’s allegations without publishing information that could put the national security of the country (New Zealand) in danger.

The High Court document also said that as a result of the proceedings, the Government Communications Security Bureau was deemed to have had admitted to the allegations against it in the statement of claim.

This statement of claim actually related to the methods that the spying agency used in order to carry out its interceptions.

Grant Illingworth, a lawyer who is currently representing Mathias Ortmann along with van der Kolk recently told the media in an interview with RadioNZ that the court’s decision clearly called the whole of the Government Communications Security Bureau’s spying operation to doubt.

Illingworth Statement About Government Communications Security Bureau

Illingworth said that the Government Communications Security Bureau had now admitted to its faults.

It had admitted to the unlawfulness of its actions.

It had also admitted that its illegal actions didn’t just happen because it misinterpreted the laws related to residency issues.

The crimes went much further.

Why did it go further?

The reason for that, Illingworth said, was because Government Communications Security Bureau didn’t have the necessary authorization in order to carry out the level of surveillance it could carry out under legislation that was present at the time of the said operation.

That probably makes sense right?

What Illingworth is trying to say is that the Government Communications Security Bureau didn’t know when to stop.

The agency didn’t know when to start.

And it didn’t know the limits of its authorization.

That’s all.

But Illingworth didn’t stop there.

No, he did not.

He went to more media outlets to clear up the situation.
Besides, from the point of view of Illingworth, this is the perfect time to talk about issues with how spying agencies worked and work.

That would only strengthen his client’s case, if not anything else.

So what did Illingworth do next?

He went to NZ Herald.

And told the publication in an interview that the High Court’s decision meant a lot of things.

One of those things involved his client’s, Mathias Ortmann, damages case.

In other words, the decision meant that the damage cases against Ortmann as well as Van Der Kolk had no other choice but to come to a fitting end.

Illingworth did not comment on specific questions related to the damages or whether the two parties had reached a settlement.

And perhaps wisely too.

Illingworth did talk about the implications of the new revelations though.

Lawyer Illingworth And His Clients

Illingworth indicated that among the many implications of the new revelations, the battle underway could demand authorities and force Ortmann, Kim Dotcom, and Van Der Kolk to extradite to the United States of America.

Illingworth ended his comment by saying that.

  • if the law enforcement agencies committed illegal actions in the search phase or the arrest phase
  • And if law enforcement agencies did not make that illegality known in the said extradition context

Then, according to him, the court could consider these irregularities as relevant to the actual extradition.

Kim Dotcom In More Action As Pirates Leak Kim Dotcom Documentary Online.

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People like to download free stuff. It doesn’t matter if it comes from Hollywood or Kim’s documentary.

More like, the copies of Kim Dotcom documentary.

We all know that the government of the United States of America desperately wants to do two things:

  1. Extradite Kim Dotcom to the United States of America
  2. Punish him for his evil deeds.

Many are calling the Kim Dotcom case as one of the biggest copyright violation cases in the history of copyright infringement cases.

So perhaps, it makes sense that someone would make a documentary of the actual Kim Dotcom case.

It also makes sense that people would want to see it.

And, perhaps it also makes sense that pirates would get a hold of its copy.

And then make it available for everyone else to download and see for free.

Perhaps this is the reason why the documentary is furiously climbing up the ladder of various download charts.

Some see this situation as an ironic twist, to say the least.

Kim Dotcom is considered as the greatest copyright violator of all time.
Someone decided to make a documentary on the biggest copyright infringer of all time.

And someone else decided to pirate that documentary and put it up on several downloading platforms.

So Kim Dotcom allowed people to infringe copyrights all his life, but now the tables have turned.

Or Have they?

The Media And Kim Dotcom

Kim Dotcom has made the headlines of countless articles on the internet.

Most of the internet publications have actually proven their allegiance to the case of Megaupload and the United States of America by publishing several articles on the issue.

And perhaps that is why the case has become to intriguing.

Of course, it doesn’t change the fact that Kim Dotcom “business model” is gone.

His Megaupload “project” will also remain in a shutdown state.

But all of this drama (especially after recent revelations about the illegality of Kim’s surveillance via spying agencies), makes for a great documentary.

A lot of people have written about the drama.

But only now have we come to know that a documentary could serve the case as well.

The people behind the new Kim Dotcom documentary perhaps know this fact.

They have named their Kim Dotcom documentary, Kim Dotcom: Caught in the Web.

Who is Behind The New Kim Dotcom Documentary?

Various media reports have suggested that the Kim Dotcom documentary has come into existence because of a cooperation.

A cooperation between,

  • Some people who regularly make documentaries
  • And a mastermind that worked behind the scenes for the now defunct file-sharing website Megaupload

Reports are saying that the new Kim Dotcom documentary is set to be a thrilling one.

The people behind the new Kim Dotcom documentary also hope that they can capture the essence of the Kim Dotcom story.

Of course, the Kim Dotcom story is still not over.

In fact, some believe that it has only just behind.

The creators of the Kim Dotcom documentary released their work to the wider public.

In the process of doing so, they put the Kim Dotcom documentary up for sale on several online platforms.

Online platforms such as,

  • Amazon Prime
  • Apple iTunes

And we are actually glad to report that things have turned out rather well for the creators of the Kim Dotcom documentary.

The movie made its way to the top of various online downloading charts.

It already topped the charts on iTunes for the store’s documentary category.

However, the entertainment industry says that the Kim Dotcom documentary’s meteoric rise would soon go bust.

Why?

Click here to find out.

 

Zohair

Zohair

Zohair is currently a content crafter at Security Gladiators and has been involved in the technology industry for more than a decade. He is an engineer by training and, naturally, likes to help people solve their tech related problems. When he is not writing, he can usually be found practicing his free-kicks in the ground beside his house.
Zohair

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High Court Terms Mission Kim Dotcom As Illegal. And Wrong

by Zohair time to read: 9 min
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