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Old 16-06-12, 02:12   #1
 
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Thumbs Up Judge Orders FBI to Copy Mega's Files For Possible Return

FBI Ordered to Copy Kim Dotcom Evidence for Possible Return

Posted: 15 Jun 2012 06:58 AM PDT

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

Dotcom’s lawyer previously argued that the FBI illegally took his computers, depriving Megaupload’s founder from using it for his defense.

The defense teams wants this data back as soon as possible, and a recent decision by the New Zealand court makes this possible.

Judge Winkelmann has ordered the FBI to start copying the 150 terabytes of data for a potential handover.

Whether Dotcom will get the data still has to be decided, but the Judge wants it to be ready when that ruling comes in.

The U.S. opposed the handover with FBI agent Michael Postin complaining that the copying could take weeks to complete.

However, Judge Winkelmann responded by saying that the U.S. authorizes have “ample means’ to get it done.

.......
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photostill (16-06-12)
Old 16-06-12, 03:33   #2
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Default Re: Judge Orders FBI to Copy Mega's Files For Possible Return

The US has quietly neglected to mention that in all court cases in the US, the defense is entitled to the data to prepare a defense. The whole thing behind this is a playing with the interpretation of the law.

What the US is really after, is preventing Kim Dotcom from having all the data. What it wants is to provide only what it will use against Kim as the defense data. There's a lot of difference in what is available and what can be used depending on which way it goes.

Kim has some data in there from home security cameras his lawyer claims will help absolve Kim of wrong doing merely by showing the raid was done improperly. It's already known it was improperly done as the wrong paperwork was used for the allowance of the raid. The paperwork used was one for foreign companies within New Zealand that allows confiscation prior to court, because of the danger of the individual fleeing before justice can be served. This is not the case with Kim. The raid took place in New Zealand. The offices for Megaupload are in Hong Kong. No offices reside in New Zealand to confiscate.
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Old 16-06-12, 04:17   #3
 
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Default Re: Judge Orders FBI to Copy Mega's Files For Possible Return

Quote:
Originally Posted by photostill View Post
The US has quietly neglected to mention that in all court cases in the US, the defense is entitled to the data to prepare a defense. The whole thing behind this is a playing with the interpretation of the law.

What the US is really after, is preventing Kim Dotcom from having all the data. What it wants is to provide only what it will use against Kim as the defense data. There's a lot of difference in what is available and what can be used depending on which way it goes.

Kim has some data in there from home security cameras his lawyer claims will help absolve Kim of wrong doing merely by showing the raid was done improperly. It's already known it was improperly done as the wrong paperwork was used for the allowance of the raid. The paperwork used was one for foreign companies within New Zealand that allows confiscation prior to court, because of the danger of the individual fleeing before justice can be served. This is not the case with Kim. The raid took place in New Zealand. The offices for Megaupload are in Hong Kong. No offices reside in New Zealand to confiscate.
I wouldnt be surprised if some of those files are "lost", before they are handed back to Kim and the other owners, the same way that the Kiwi cops "lost" the videos of the illegal search & seize raid in Kim's home & office in Kiwi.

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Old 16-06-12, 09:06   #4
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Default Re: Judge Orders FBI to Copy Mega's Files For Possible Return

The one thing they can't do is preview the home security data. They have asked Kim for the password to unencrypt the data and he won't give it to them unless they give over a copy of the data for his defense.

Now the New Zealand cops claim that the US didn't steal the copy of the data. Mainly because the physical drives are in New Zealand. This sounds very much like the points that all downloaders make about file sharing not being theft. Since the original owner still has his copy, it's not theft. Just the same as New Zealand cops are trying to claim. It can't be both or just when it's convenient to claim that.
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