Feeds

US appeal dismissed in Dotcom case

New Zealand judge upholds disclosure order

Combat fraud and increase customer satisfaction

BREAKING The USA has suffered another rebuff in its attempts to extradite Kim Dotcom, with Judge Winkelmann of the High Court of New Zealand upholding a previous disclosure order made by Judge David Harvey.

The previous order had required the FBI to disclose an extensive amount of documentation to support its application for Dotcom’s extradition. As noted by NZ’s LawGeekNZ blog, the disclosure would cover communications between US authorities and the MPAA and RIAA on behalf of copyright owners.

This had been resisted by the US, which requested a judicial review. This has now been completed, and in a 51-page judgment (available at LawGeekNZ), Judge Winkelmann has dismissed the application.

“Without disclosure,” the judge wrote, Dotcom “will be significantly constrained in his or her ability to participate in the hearing, and the requesting state will have a significant advantage in terms of access to information”. It was that advantage that the “G-Men” sought, and failed, to preserve.

The USA had also tried to corner the High Court by putting forward the notion that the orders represented an attempt at extra-territoriality, something which didn’t impress the judge: “Because the applicant is a party to the proceeding, orders for disclosure does not involve the District Court making orders with extraterritorial effect”.

Dotcom was arrested back in January, along with associated Finn Batato, Mathias Ortmann and Bram Van Der Kolk, with the FBI saying that Megaupload was responsible for copyright infringement on a mega scale. The case has been delayed, with an extradition decision now unlikely before 2013 – if, in fact, the prospect of disclosure doesn’t cause a re-think back in the Land of the Free. ®

SANS - Survey on application security programs

More from The Register

next story
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
US Supreme Court supremo rakes Aereo lawman in oral arguments
Antenna-array content streamers: 'Ruling against us could dissipate the cloud'
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
prev story

Whitepapers

Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.