Ladybbird

Ernesto, June 7, 2012



FBI Did Not Steal Megaupload Evidence Because It’s “Digital”?

In New Zealand Dotcom’s legal team continues the battle over data that was seized from his home.

Dotcom’s lawyer Mr. Akel argues that the FBI illegally copied data from his computers, to send it to the U.S.

“The first [copies] were sent without the New Zealand Police having any say in it whatsoever,” he said quoted by Stuff.

“If [they] went offshore without the consent of the attorney-general, it was an illegal act.”

However, according to Crown’s lawyer, no harm was done because the evidence in question is “not physical” and therefore not covered by the relevant legislation.

“[Information] may be the most valuable thing we have, but it is not scooped up by the act,” he said. “Nothing of the physical items have gone overseas and that was our undertaking.”

A strange but interesting argument, since the entire case against Megaupload is build on evidence that’s not physical.

Whether Judge Winkelmann will agree with this argument has yet to be seen.



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photostill

Well, who said the government doesn't learn?

Quote:

no harm was done because the evidence in question is “not physical” and therefore not covered by the relevant legislation

So if the evidence is not physical, there's no harm done...like the harm claimed to have been done by Megaupload. After all, it only later somehow manages to materialize into the real world as a money problem. lols.

There is something else here that bothers me and I don't see the US saying anything about that, as it is in their favor this time to provide them with a copy of the evidence. Hypocritical actions are screaming again.

You see, it has always been the pirates position that there can be no theft, without the object in question missing. This is based on law that goes back as far as tribal chieftains. What theft is; as defined by law; is the denial of an owner of property being able to use his property, because it is gone...it's been stolen. That digital file copying doesn't steal because the original is still there, as it was, to be used by the owner at any time and by the legal definition does not meet the requirements to be theft.

Yet here is NZ saying the same thing to the US to provide data evidence and justify it to the lawyers in the case for DotCom. That it wasn't stolen because the NZ Police still have the physical items. Yet the US is quite happy to have a digital copy because guess what? It's an exact copy as good as the original.

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