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Judge orders New Zealand spy agency to disclose international links in U.S. extradition case
[December 06, 2012]

Judge orders New Zealand spy agency to disclose international links in U.S. extradition case


WELLINGTON, Dec 06, 2012 (Xinhua via COMTEX) -- A German millionaire wanted by U. S. authorities for alleged Internet piracy has been given leave to sue the New Zealand Police and one of New Zealand's government spy agencies for their roles in helping the United States extradition operation.



Kim Dotcom, the Internet millionaire who headed the Megaupload file-sharing site, persuaded New Zealand's High Court that he had a right to take legal action against the Government Communications Security Bureau (GCSB) foreign intelligence gathering agency, which illegally intercepted his communications before police raided his home in January.

A judgment issued by New Zealand's Chief High Court Judge Helen Winkelmann Thursday also ordered the GCSB to disclose materials relevant to the case that it shared with the international security network Echelon, also known as "Five Eyes." Echelon is an intelligence sharing network operated by agencies in New Zealand, Australia, Canada, the United Kingdom and the United States.


The judgment said that Dotcom and three fellow Megaupload executives wanted by the U.S. were seeking, in particular, confirmation "of whether any such information was shared with other members of Echelon/'Five Eyes', including any United States authority." The GCSB had argued "that disclosure of those communications will prejudice New Zealand's national security interests as it will tend to reveal intelligence gathering and sharing methods." However, the judgment said, "The use made of illegally obtained information is something which bears upon both the extent of illegality and the question of damages." Winkelmann had previously determined that aspects of the New Zealand Police search and seizure of Dotcom's property in January were illegal.

After a later hearing into Dotcom's claim that the seizure of his rented Auckland mansion was unreasonable and illegal and carried out with excessive force, it was revealed that the GCSB had been illegally intercepting Dotcom's communications on behalf of the police.

Under New Zealand law, the GCSB is prohibited from intercepting the communications of New Zealand citizens and permanent residents, and Dotcom was a legal resident at the time.

Dotcom's lawyer, Paul Davison, told Radio New Zealand the amount of damages Dotcom would seek was not quantifiable at this stage, but he hoped the claim could be heard in court in the first half of next year.

The revelation of the GCSB's illegal spying has shaken the top levels of New Zealand's government, in which Prime Minister John Key is also Minister Responsible for the GCSB.

Key said in October that a review of GCSB files had cleared him off any involvement as they proved the GCSB had not briefed him on its illegal interception of the communications.

GCSB director Ian Fletcher had only advised Key of the illegal spying on Sept. 17, Key said in a statement.

In September, the GCSB suspended operations with the country's law enforcement agencies until new approval processes were established.

The U.S. extradition case against Dotcom, originally scheduled for August, has been delayed until March next year after becoming entangled in legal arguments, appeals and critical judgments.

In June, a New Zealand judge ruled that the country's police acted unlawfully in allowing the U.S. Federal Bureau of Investigation (FBI) to copy computer data seized from Dotcom and remove it from the country, and that the warrants used by police to raid Dotcom's Auckland home and to seize property on behalf of the FBI were illegal.

Other points of legal contention revolve around how much evidence, including more than 22 million e-mails, the New Zealand prosecutors acting on behalf of the U.S. authorities are required to disclose to Dotcom's legal team.

In March, the U.S. Department of Justice formally lodged an application for the extradition of Dotcom and the other Megaupload executives from New Zealand on charges related to Internet piracy.

Although the United States and New Zealand have an extradition treaty, New Zealand courts could refuse to hand over Dotcom and his co-accused, Mathias Ortmann, Bram van der Kolk and Finn Batato.

New Zealand Police arrested Dotcom in Auckland on Jan. 20 at the request of the U.S. Justice Department and the FBI on charges including copyright infringement, wire fraud, money laundering and racketeering.

Dotcom spent a month in prison before being allowed bail to live with his heavily pregnant wife and three children.

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