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Dotcom lawyers: FBI illegally took data offshore

Lawyers for internet tycoon Kim Dotcom say the FBI illegally took copies of material from his computers out of the country.

A judicial review has been under way at the Auckland High Court over the legality of the search warrant police used to seize items from the alleged internet pirate's Coatesville mansion.

Mr Dotcom's lawyers say not only did police take items that were not relevant to the charges he faced, but computer data that should have remained in the country was sent offshore to United States authorities.

Chief High Court Judge Helen Winkelmann had asked the Crown, which is acting on behalf of US authorities, to explain why the material was sent.

Defence lawyer Willie Akel told the court 17 clones, or copies, of some computer data was sent to the FBI, despite assurances it would not be.

The Mutual Assistance and Criminal Matters Act, he says, made it illegal for the copies to be sent.

Mr Akel says that throughout several court hearings since January, "no documents in any way refer to the items being offshore".

However, the Crown, on behalf of the US authorities, says the defence knew the copies would be sent to America.

Crown lawyer John Pike says an email from March between the Crown Law Office and Mr Dotcom's Queen's counsel, Paul Davison, shows the defence knew the copies were being sent.

But the defence dispute this, saying that email is not a reliable source because it is ambiguous and gives no dates.

Mr Dotcom is due to face an extradition hearing in August being sought by the US.

It is alleged he was involved in a "mega conspiracy" through the operation of his Megapupload website to distribute pirated material.

Justice Winkelmann has reserved her decision.
 

More by Caleb Allison

Comments and questions
7

One Megacockup by the authorities trying to play with the big guys from the US

The NZ authorities basically got shafted by the US authorities as did Mr Dotcom by both

I can feel the compensation dollars coming out of my pocket already...

ironic really Dotcom worried about copies being made and distributed............ !

roflol
Good one!!!

Just one more reason not to trust the US government with matters related to justice or privacy (or influence over the New Zealand justice system).

The whole case is a farce, aimed solely at shutting down Kim Dotcom's business before the judicial case inevitably falls apart.

we are being the puppets to the american puppet masters since they did the dirty deed on norm kirk
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copyright holders: "copying data is the same as taking physical property"

FBI acting on behalf of copyright holders: "Copying data is totally different to taking physical property"

Irony?