Feeds

Appeals court decides Dotcom warrant was legal after all

Decision to disallow evidence reversed. Got that?

Intelligent flash storage arrays

A court in New Zealand has ruled that the search warrant used in the arrest of Megaupload founder Kim Dotcom was legal, toppling a large part of his defence.

The warrant used to arrest Dotcom at his mansion two years ago, as well as to seize his laptops and hard drives was previously ruled illegal back in June 2012, after a judge decided that the warrants were too vague. But the New Zealand government, acting for the US authorities, has successfully appealed the decision.

"In deciding that the search warrants were valid, the Court of Appeal accepts that they were in form defective in some respects, but the defects were not sufficient to mean that the warrants should be treated as nullities," the court said in a statement.

"Mr Dotcom and the other respondents would have understood the nature and scope of the warrants, especially in light of their arrest warrants, which were not defective, and the explanations given to them by the Police when the properties were searched. In these circumstances no miscarriage of justice occurred."

However, the appeals court did stand behind the earlier decision that sending clones of the seized electronic evidence to the US was outside of prosecutors' authority.

The US wants to see Dotcom extradited to face charges of copyright infringement and piracy. The Department of Justice has said in a filing that Dotcom was the head of "a worldwide criminal enterprise, which operates and administers several internet websites that reproduce and distribute infringing copies of copyrighted works, including motion pictures, television programs, musical recordings, electronic books, images, video games, and other computer software".

Prosecutors have accused the Megaupload site of costing movie studios and music labels more than $500m while making off with over $175m in ill-gotten gains by letting users share and store films and albums.

Dotcom's attorney Ira Rothken tweeted that the legal team was "reviewing the rulings made by the Court of Appeal and will likely seek leave to appeal to the Supreme Court". ®

Beginner's guide to SSL certificates

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Internet Security Threat Report 2014
An overview and analysis of the year in global threat activity: identify, analyze, and provide commentary on emerging trends in the dynamic threat landscape.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.