Feeds

Appeals court decides Dotcom warrant was legal after all

Decision to disallow evidence reversed. Got that?

Top three mobile application threats

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". ®

Combat fraud and increase customer satisfaction

More from The Register

next story
EU: Let's cost financial traders $400m a day, because EVIL BANKERS. Right?
Wait 'til this one hits your pension fund where it hurts
Systems meltdown plunges US immigration courts into pen-and-paper stone age
Massive outage could last four weeks, sources claim
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
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.