Beta

Slashdot: News for Nerds

×

Welcome to the Slashdot Beta site -- learn more here. Use the link in the footer or click here to return to the Classic version of Slashdot.

Thank you!

Before you choose to head back to the Classic look of the site, we'd appreciate it if you share your thoughts on the Beta; your feedback is what drives our ongoing development.

Beta is different and we value you taking the time to try it out. Please take a look at the changes we've made in Beta and  learn more about it. Thanks for reading, and for making the site better!

Dotcom Search Warrants Ruled Illegal

Soulskill posted more than 2 years ago | from the federal-amateur-hour dept.

The Courts 316

New submitter StueyNZ writes "Justice Helen Winkelmann of New Zealand's High Court (non-appellate court) has ruled that the search warrants used to search and seize property from Kim Dotcom's Coatsville residence did not properly describe the offenses under which the search was being made. In particular, warrants did not make it clear that the breach of copyright law and money laundering offenses were U.S. federal offenses rather than NZ offenses. Therefore the search and seizure was illegal. I hope this means Mr. Dotcom gets his security footage back, which should shed some light on how many tourists from the FBI were present at the NZ police raid, and how many firearms those tourists were waving around as they joined in."

cancel ×

316 comments

It's no surprise.. (5, Insightful)

intellitech (1912116) | more than 2 years ago | (#40477409)

It's no surprise that this happened the way it did, and that the rest of the world really despises us because of the way our government throws it's weight around.

I was once proud to be an american. Perhaps I still am, but my pride is severely diminished as of late.

Re:It's no surprise.. (5, Insightful)

jamesh (87723) | more than 2 years ago | (#40477573)

It's no surprise that this happened the way it did, and that the rest of the world really despises us because of the way our government throws it's weight around.

I was once proud to be an american. Perhaps I still am, but my pride is severely diminished as of late.

I'm also both amused and terrified at how stupid the American government can be sometimes. That investigation and raid must have cost a lot of money to put together... why not do it properly? (eg no obvious cock-ups that get the whole thing thrown out of court).

I wouldn't feel too ashamed though... my government can be just as stupid... it's just they don't have as much weight to throw around and so their stupidity tends to to be more localised and so less newsworthy.

Re:It's no surprise.. (-1, Flamebait)

Anonymous Coward | more than 2 years ago | (#40477629)

The screwup with the warrant was not really surprising. I've heard from many sources that they still pass around Microsoft word documents amongs each other. What an easy way to slip things through proper checks and balances.

Re:It's no surprise.. (0)

Anonymous Coward | more than 2 years ago | (#40477643)

That investigation and raid must have cost a lot of money to put together... why not do it properly? (eg no obvious cock-ups that get the whole thing thrown out of court).

yeah, because every branch of the US government is really good at managing it's money..

Re:It's no surprise.. (5, Insightful)

LordSnooty (853791) | more than 2 years ago | (#40477719)

They got the megaupload servers offline, with much publicity, even if the whole thing is overturned there's no way it's returning in its old form. I'm sure the US authorities are thinking, 'job done'.

Re:It's no surprise.. (5, Informative)

Shagg (99693) | more than 2 years ago | (#40477875)

You're assuming they didn't "do it properly". I don't mean in the sense of following proper procedure, but in the sense of achieving their real goals. Maybe they didn't really care whether or not it got thrown out of court, but wanted to "throw their weight around" in order to ruin his business and intimidate others into shutting down out of fear that they would be next. If that was their goal, then it worked out perfectly.

Re:It's no surprise.. (1)

Joce640k (829181) | more than 2 years ago | (#40478023)

I'm also both amused and terrified at how stupid the American government can be sometimes. That investigation and raid must have cost a lot of money to put together... why not do it properly?

The people who did this are probably arrogant enough to believe that sort of thing can always be covered up later.

Re:It's no surprise.. (5, Insightful)

artfulshrapnel (1893096) | more than 2 years ago | (#40478029)

...That investigation and raid must have cost a lot of money to put together... why not do it properly? (eg no obvious cock-ups that get the whole thing thrown out of court).

They didn't do it properly because what they wanted to do was not properly legal. The US government wanted to prosecute someone on NZ soil based on flimsy evidence provided by biased parties, without due authorization or process.

Protip for US Law Enforcement: If something you want to do is against the law it doesn't mean the law is bad, nor does it mean the law should be rewritten/removed. It means what you want to do is wrong, and you shouldn't do it.

Re:It's no surprise.. (5, Insightful)

SJHillman (1966756) | more than 2 years ago | (#40477575)

It's possible to be proud to be American and ashamed of our government. Although we are a government of the people, the government and the country as a whole are not the same thing.

Re:It's no surprise.. (1)

Anonymous Coward | more than 2 years ago | (#40477667)

It's possible to be proud to be American and ashamed of our government. Although we are a government of the people, the government and the country as a whole are not the same thing.

And that is the reason the gun-nuts give when they are asked why they should have the right to bear arms.
Too bad it's just talk.

Re:It's no surprise.. (3, Interesting)

Anonymous Coward | more than 2 years ago | (#40477713)

Without government the country is just landmass. Landmass is nothing to be proud of.

Pride is one's country is pride in one's government, unless of course you are proud of the random location you were born in for being arbitrarily better than x other location.

Re:It's no surprise.. (0)

Anonymous Coward | more than 2 years ago | (#40477843)

Have you see the weather at Other Location? The place is objectively terrible.

Re:It's no surprise.. (5, Funny)

Captain Hook (923766) | more than 2 years ago | (#40477957)

Have you see the weather at Other Location? The place is objectively terrible.

Hey, I live in the UK you insensitive clod.

Re:It's no surprise.. (0)

Anonymous Coward | more than 2 years ago | (#40477849)

hence the reason ever 'true patriotic American' has to have flag outside his house. To remind him which location he thinks is better. In reality its just deep seated resentment and insecurity they gave up being English.

Re:It's no surprise.. (5, Insightful)

Hizonner (38491) | more than 2 years ago | (#40477987)

Um, your culture? Your traditions? Your ancestry? You can't think of anything that somebody might use to define a country other than its location and its government?

I think those things are BS, and I think patriotism is nothing but soft nationalism and needs to go away. But it's just absolutely idiotic to say that governments are all patriotic people have to be attached to. Or even that governments are what most of them are attached to.

Re:It's no surprise.. (1)

AngryDeuce (2205124) | more than 2 years ago | (#40477999)

Government has many levels. There are pockets of sanity still left in this country, but they've been marginalized by the fucking crazies for a few decades now.

I'm proud of where I grew up, but where I grew up no longer exists. It's still physically there, but it's nothing like the neighborhood I grew up in, with the people I grew up with, and the sense of community that once existed there is long gone. Now people are more concerned about a mosque potentially going in than the fact that the number of people living under the poverty line in the area has exploded over the last 20 years. Our priorities are so fucking screwed up...

Re:It's no surprise.. (2)

chemicaldave (1776600) | more than 2 years ago | (#40477895)

We've four times had presidents who lost the popular vote.

Re:It's no surprise.. (0, Troll)

drinkypoo (153816) | more than 2 years ago | (#40478027)

It's possible to be proud to be American and ashamed of our government.

Possible, but wrong. Having pride in your nation while simultaneously permitting it to get out of hand and shit on the rest of the world is bullshit.

Re:It's no surprise.. (1)

hey! (33014) | more than 2 years ago | (#40478117)

Although we are a government of the people ...

... for some value of the word "person".

Re:It's no surprise.. (5, Informative)

SuricouRaven (1897204) | more than 2 years ago | (#40477689)

Here in the UK, you are despised for an extradition agreement which allows you to successfully have someone sent over for prosecution who has committed no crime under UK law and never even entered the US. America has long been seen as the global champion of freedom and equality, but the government over the last few administrations has been striving to correct this.

Re:It's no surprise.. (5, Insightful)

AngryDeuce (2205124) | more than 2 years ago | (#40477941)

America has long been seen as the global champion of freedom and equality

Which is, of course, mainly due to American politicians repeating it over and over and over again, not necessarily because of anything we've actually done. Certainly not within any of our lifetimes...

I chalk it up to the last bit of Cold War propaganda that's still kicking around in the global collective consciousness. Give it another generation or two and, much like all the lessons learned during the Great Depression that have gone right the fuck out the window, it will all be forgotten...

Re:It's no surprise.. (4, Insightful)

i_ate_god (899684) | more than 2 years ago | (#40477963)

curious, why would you despise the US government for a treaty that the UK signed?

Re:It's no surprise.. (0)

Anonymous Coward | more than 2 years ago | (#40478001)

Because the US used it's weight and control of the worlds' financial systems to exert so much pressure, those that signed had little choice.

Re:It's no surprise.. (1)

Anonymous Coward | more than 2 years ago | (#40478143)

Yeah, thats like despising the bully for the lunchmoney you handed him!

Re:It's no surprise.. (4, Insightful)

crazyjj (2598719) | more than 2 years ago | (#40477707)

I've always maintained that the CIA has done more to damage to the U.S. over the years than any terrorist could ever dream of. Their work has built us up quite a long list of enemies too.

Re:It's no surprise.. (0)

Anonymous Coward | more than 2 years ago | (#40477857)

Then you have always displayed your ignorance.

Re:It's no surprise.. (2)

Charliemopps (1157495) | more than 2 years ago | (#40477933)

Yes, it's entirely the United States fault that world governments are slipping into totalitarianism.lol
NZ made their own choices. As heavy handed and anti-freedom as our government is turning, NZ didn't need any coaxing to go along with this.

Jurisdiction (5, Interesting)

Tommy Bologna (2431404) | more than 2 years ago | (#40477423)

Whatever happened to the concept of jurisdiction?

Re:Jurisdiction (3, Insightful)

Anonymous Coward | more than 2 years ago | (#40477457)

They worked with New Zealand police. Or did you forget that part?

Re:Jurisdiction (0)

Ynot_82 (1023749) | more than 2 years ago | (#40477507)

They strong-armed New Zealand police.

FTFY

Re:Jurisdiction (0)

Anonymous Coward | more than 2 years ago | (#40477525)

noone has forgotten that. What America seems to have forgotten is their laws are applicable within their borders.
How about some search warrants are issues to arrest americans in their home because they have handguns. I mean the possession of handguns are illegal under UK law so a UK law should be applied on US soil right?

Re:Jurisdiction (4, Insightful)

SJHillman (1966756) | more than 2 years ago | (#40477593)

The fun part is how you can do something overseas that's completely legal in the country you did it in, but then get arrested when you return to the US if it's a crime in the US. This is often used when citizens go overseas, have sex with young girls who are of legal age in their country but under age by US law, then arrested when they return to the US.

Re:Jurisdiction (5, Insightful)

Anonymous Coward | more than 2 years ago | (#40477679)

My next door neighbour had an extra-marital affair recently, and she's going to be travelling to Iran in the near future. Does anyone know the contact number for the Tehran Sharia Police?

Re:Jurisdiction (0)

Anonymous Coward | more than 2 years ago | (#40478131)

How sad, that you would compare your country with Iran.

And why is this bad? (-1)

Stickerboy (61554) | more than 2 years ago | (#40477695)

The fun part is how you can do something overseas that's completely legal in the country you did it in, but then get arrested when you return to the US if it's a crime in the US. This is often used when citizens go overseas, have sex with young girls who are of legal age in their country but under age by US law, then arrested when they return to the US.

I'm sorry, I'm just not seeing the downside of this. Except for creepy old white guys who can't get laid otherwise or, worse, have a fetish about having sex with underage girls.

If slavery were still legal in some backwards 3rd world country, I'd want the fuckers living in the US but owning slaves legally overseas arrested and jailed, too.

If you truly feel constrained by the US legal system, feel like it shouldn't apply to you, and think another country has a better set of rules, than I highly encourage you to renounce your citizenship and move elsewhere. Or else try to change the laws in this country. (Good luck if your main point is trying to change the legal age of statutory rape to 10.)

Re:And why is this bad? (5, Insightful)

dargaud (518470) | more than 2 years ago | (#40477735)

So when you come to Europe and have a beer at 18, it's perfectly all right that you be arrested on setting foot in the US if they saw your vacation photos on Facebook ?!? Cancun is gonna close shop.

Re:And why is this bad? (0)

Anonymous Coward | more than 2 years ago | (#40477905)

Regarding the sex issue, there is a law explicitly stating the legal age for any American traveling overseas is 18. There is no such law regarding drinking overseas.

Re:And why is this bad? (0)

Anonymous Coward | more than 2 years ago | (#40477955)

What if you are a dual citizen?

Re:And why is this bad? (0)

Anonymous Coward | more than 2 years ago | (#40478005)

Cancun is gonna close shop.

You mean Canada, eh?

Re:And why is this bad? (1)

Stickerboy (61554) | more than 2 years ago | (#40478087)

So when you come to Europe and have a beer at 18, it's perfectly all right that you be arrested on setting foot in the US if they saw your vacation photos on Facebook ?!? Cancun is gonna close shop.

Legally, yes. In practicality, everyone knows the 21 year age limit on alcohol use is retarded, which is why it's not enforced.

And why I explicitly said in my prior post, "Or else try to change the laws in this country."

So get involved, and get the drinking age lowered to 18 [go.com] where it should be.

Re:And why is this bad? (0)

Anonymous Coward | more than 2 years ago | (#40478137)

Moreover, I think the gay people of the United States will be glad when they realize they're in for capital punishment because of a number of countries..

Heck 14 a beer (1)

aepervius (535155) | more than 2 years ago | (#40478141)

If youa re accompagned by adult you can have a beer at 14 and spirits / winebrand at 16 IIRC.

Re:And why is this bad? (5, Insightful)

Anonymous Coward | more than 2 years ago | (#40477757)

The fun part is how you can do something overseas that's completely legal in the country you did it in, but then get arrested when you return to the US if it's a crime in the US. This is often used when citizens go overseas, have sex with young girls who are of legal age in their country but under age by US law, then arrested when they return to the US.

I'm sorry, I'm just not seeing the downside of this.

Did you ever shoplift as a child or teen? How would you feel about having your right hand cut off upon entering an islamic country? What if you had a friend who lived in a western country but had dual citizenship by birth?

Or how about this: Have you ever attended a rally or written a letter of complaint to an official? How would you feel about being jailed as a subversive if you went on holiday to China?

If you don't understand the reason for jurisdiction, you really shouldn't be commenting. Laws vary so widely that you're bound to be a criminal somewhere no matter how you behave. Without some limits and barriers everyone who ever went overseas would risk jail.

Re:And why is this bad? (3, Informative)

Stickerboy (61554) | more than 2 years ago | (#40478009)

The fun part is how you can do something overseas that's completely legal in the country you did it in, but then get arrested when you return to the US if it's a crime in the US. This is often used when citizens go overseas, have sex with young girls who are of legal age in their country but under age by US law, then arrested when they return to the US.

I'm sorry, I'm just not seeing the downside of this.

Did you ever shoplift as a child or teen? How would you feel about having your right hand cut off upon entering an islamic country? What if you had a friend who lived in a western country but had dual citizenship by birth?

Or how about this: Have you ever attended a rally or written a letter of complaint to an official? How would you feel about being jailed as a subversive if you went on holiday to China?

If you don't understand the reason for jurisdiction, you really shouldn't be commenting. Laws vary so widely that you're bound to be a criminal somewhere no matter how you behave. Without some limits and barriers everyone who ever went overseas would risk jail.

That's seriously funny, coming from you. Apparently you don't understand the difference between being a US citizen and having Chinese laws apply to you while acting in the US and being a US citizen and having US laws apply to you while in another country. Or being a US citizen and having Sharia apply to you for acts done in the US, versus being a US citizen and being arrested for stolen property that you obtained overseas.

Being outside of the US geographically does not give you carte blanche to do whatever the fuck you want, just because you happen to be in a country that you can bribe the local official to say its ok. Err, I mean, where the law says its ok. On the flipside, being a US citizen traveling outside the US affords you certain protections and privileges (up to a point).

Apparently some creepy old white guy with mod points is coming after me! That's OK, bring it on! If you can't win an argument, burn your mod points...

Re:And why is this bad? (1)

Sprouticus (1503545) | more than 2 years ago | (#40477903)

While I agree with your sentiments regarding the various criminal activities, US law does not apply to all countries. It just doesn't. We may not like it, but that's how the world works. By applying your laws to other countries you are ignoring their laws and their sovereignty.

Well I take that back, it should not. Apparently it does.

Let's look at some other wonderful applicaitons of your ideas:

Someone comes to the US from another and uses freedom of speech. Returns to their country and is arrested for it.
Someone comes to this country and dresses they way they want and returns to their country and is arrested for it.
(post above) Someone comes to this country and has an affair and returns to their country and is killed for it.
(post above) Someone from the US goes to cancun under 21 and drinks, and is arrested for it upon return.
Someone goes to Holland and smokes pot and is arrested upon returning to the US.
Someone from th US goes to Korea and eats dog (unknowningly) and is arrested for animal abuse upon return to the US.

All of these things are completely ok by your standard.

Re:And why is this bad? (0)

Anonymous Coward | more than 2 years ago | (#40477969)

Slavery is still legal in some backwards 3rd world countries.

Re:And why is this bad? (1)

Anonymous Coward | more than 2 years ago | (#40478031)

If you truly feel constrained by the US legal system, feel like it shouldn't apply to you, and think another country has a better set of rules, than I highly encourage you to renounce your citizenship and move elsewhere.

Uhhh... they DID! These people never once set foot in America until they were forcibly dragged back here after being arrested. They are not US citizens. They never set foot here to be able to leave.

So clearly following your advice would still result in a life time prison sentence in the US.
That is SO different than the current life time prison sentence in the US!

Basically what you are arguing for, is to grant the Shinra police the right to come into your home in the USA and arrest you, dragging you back to their country to be tortured and imprisoned before your capital execution. For the crime of not covering your head with a hat.

Re:Jurisdiction (0)

Anonymous Coward | more than 2 years ago | (#40477887)

I'm pretty sure that's not true. Otherwise Charlie Wilson never would have survived removal from office due to drug usage outside of the country.

Re:Jurisdiction (4, Funny)

fuzzyfuzzyfungus (1223518) | more than 2 years ago | (#40477463)

Citizen, citizen, nothing whatsoever has happened to the concept of jurisdiction. In fact, we value this legal principle so highly that we've been carefully collecting as many samples as possible, from as many areas of the world as possible, in order to better appreciate its value...

Re:Jurisdiction (1)

symbolset (646467) | more than 2 years ago | (#40477465)

The US Justice department is infiltrated with agents of Big Media. They don't care what the law is, they know what they want it to be and they have power.

Re:Jurisdiction (1)

wild_quinine (998562) | more than 2 years ago | (#40477549)

The US Justice department is infiltrated with agents of Big Media. They don't care what the law is, they know what they want it to be and they have power.

Power without intelligence is like a rocket engine without a nozzle.

Re:Jurisdiction (1)

SuricouRaven (1897204) | more than 2 years ago | (#40477595)

You don't know where it's going, but it'll make quite a bang when it gets there.

Re:Jurisdiction (1)

David Chappell (671429) | more than 2 years ago | (#40477891)

Power without intelligence is like a rocket engine without a nozzle.

I'm having trouble picturing a rocket engine without a nozzle.

Re:Jurisdiction (5, Funny)

Anonymous Coward | more than 2 years ago | (#40477481)

Jurisdiction died that fateful day when copyright pirates flew their torrents into the WTC. NEVER FORGET.

Re:Jurisdiction (2)

whisper_jeff (680366) | more than 2 years ago | (#40477787)

Don't you get it, we're all within the jurisdiction of the RIAA and MPAA...

Impressive... (5, Insightful)

fuzzyfuzzyfungus (1223518) | more than 2 years ago | (#40477441)

Has there, so far, been a single aspect of this case that didn't turn out to be an embarassing cock-up by the feds? Warrants not in order, video footage of the raid quietly goes missing, seized materials swiftly duplicated and fedexed out of NZ before anybody has a chance to object, Carpathia left sitting on tens of thousands a day in servers-in-legal-limbo, random megaupload customers who were using the place as a backup/transfer system locked out for months...

Was somebody delusional enough to start out thinking that they had an open-and-shut case, and bodged it up? Did they start out thinking that; but start 'improvising' once it became clear that they didn't? Was the whole operation fully intended to be an incrementally-more-legal-than-just-having-a-Reaper-handle-it intimidation job?

Re:Impressive... (5, Insightful)

L4t3r4lu5 (1216702) | more than 2 years ago | (#40477483)

You seem to still think that this was about prosecuting Kim Dotcom. It wasn't.

MegaUpload is done and dusted. There doesn't need to be a prosecution; It's Mission Accompllished. Dozens of similar sites shut their doors based upon these actions out of fear and intimidation, and that's what it was all about. "We're bigger than you, and we don't like what you're doing. We're going to beat seven shades of shit out of you in public, nobody is going to do a damn thing about it, and at the worst we'll get a strongly worded letter, which we'll use as toilet paper."

Re:Impressive... (4, Interesting)

AngryDeuce (2205124) | more than 2 years ago | (#40477721)

Pretty much this. They needed to get the pirates using P2P again so that the new 6-strikes rules the ISPs are all implementing is actually enforceable, and they've got the deep pockets and the influence to do so.

The cat and mouse game will continue as it always has, but at least this way they get John Q. Taxpayer to shoulder the cost of protecting their IP...

MegaUpload II (0)

Anonymous Coward | more than 2 years ago | (#40477927)

If Kim Dotcom is smart about this, he'll start up MegaUpload II. After it's been proven that this stuff is in the clear, it will be harder to do another raid. Even if that's the case, set some mirror servers up somewhere where they can't be raided by the US, say China... presto- insurance policy. Advertise the new robustness --> profit! The only problem will be the US MAFIAA twisting legislation in other countries to try and handle this :P

Re:Impressive... (2)

nurb432 (527695) | more than 2 years ago | (#40478077)

Right, mission was accomplished and the *AA is happy and didn't have to pay a dime to do it.

However, it was short sighted as its only a temporary blip and it will cause the next batch of providers to be harder to catch, AND we burnt some bridges in the process.

Re:Impressive... (4, Insightful)

Ihmhi (1206036) | more than 2 years ago | (#40478085)

MegaUpload is done and dusted

Yep, just like how The Pirate Bay got raided that one time and now they're gone forever.

Kim Dotcom has way more money than a bunch of technically literate Swedish dudes. He'll do the same thing TPB did, though. He'll rebuild the site and make it as difficult as possible to take down on a technical level.

Re:Impressive... (3, Interesting)

Anonymous Coward | more than 2 years ago | (#40477497)

Personally, I don't think they (our shit USA gov't and law enforcement). They have accomplished what the big media companies donating hundred of millions or more to members of the gov't wanted; the operation shut down. Honestly, even if right now, everything goes back to normal for dot com, how long will it take for him to get everything back and running if he ever does? Did you read about the server the FBI seized and held for 13 month, basically are the request of the RIAA and while the RIAA tried to find evidence of copyright infringment? Or that Obama placed several RIAA or MPAA lawyers to key positionsin the DoJ?

Re:Impressive... (0)

Anonymous Coward | more than 2 years ago | (#40477641)

Rules of Evidence - broadly you stuff it up - you cannot use that evidence. Something about the law coming to court with clean hands.
In Australia at least, illegally obtained evidence has been admitted. Back to NZ, extradition is looking gone, and to prove stuff without (admissible) evidence would be a tall feat indeed. That leaves Dotcom to sue for destruction of business and property, which the USA side can ignore, never mind he has no business in the USA.
 

Re:Impressive... (0)

crazyjj (2598719) | more than 2 years ago | (#40477673)

Hey, don't blame them. They were just following orders from their FBI superiors.

Re:Impressive... (1)

the eric conspiracy (20178) | more than 2 years ago | (#40478105)

Which feds? The NZ ones for sure. However this doesn't say anything about warrants issued by US courts, so until it does it seems the seizure of servers located in the US is still a valid action.

Whether evidence that was leaked out of NZ could be used in US court proceedings, I don't know, but surely there is a lot on the US based servers.

I imagine this means there will still be attempts at extradition etc.

At Least... (2, Funny)

sycodon (149926) | more than 2 years ago | (#40477449)

...they didn't bring SWAT along, bust down her door and shoot her dog (and possible her).

Re:At Least... (1, Informative)

Anonymous Coward | more than 2 years ago | (#40477487)

...they didn't bring SWAT along, bust down her door and shoot her dog (and possible her).

Kim Dotcom is a guy.

Re:At Least... (2, Funny)

sycodon (149926) | more than 2 years ago | (#40477683)

Where is Crocodile Dundee when you need him?

Re:At Least... (3, Funny)

ColdWetDog (752185) | more than 2 years ago | (#40477773)

In Australia.

Re:At Least... (5, Interesting)

SuricouRaven (1897204) | more than 2 years ago | (#40477805)

He was refering to a recent well-known incident in which a SWAT team was sent to arrest a suspected drug dealer teenager still living with his parents. They proved to be very trigger-happy: Even though no-one at the property resisted, the team still destroyed part of the house, held the entire family at gunpoint and shot dead the two family dogs. To add further insult, the team was sent on false information - the suspect did have a small quantity of pot, but wasn't a dealer, only a user - and none of the family received any compensation for the disruption, distress, property damage or dead dogs.

http://gawker.com/5532226/swat-team-raids-house-shoots-dogs-over-small-amount-of-marijuana

SWAT teams are trained for assaults on property occupied by the armed and dangerous. Their training says to strike hard, without warning, with overwhelming force, and shooting anything that poses the slightest threat to their own safety... like a dog. So when a SWAT team is send to raid an ordinary house and ordinary family, they tend towards overkill and a shoot-first, ask-later policy.

Re:At Least... (1)

SuricouRaven (1897204) | more than 2 years ago | (#40477837)

Re-reading, I see my recollection was wrong on one count: It wasn't a teenager living with parents, it was actually the father who was the suspect, not the son.

Re:At Least... (1)

L4t3r4lu5 (1216702) | more than 2 years ago | (#40478069)

Absent the shooting of pets, this is exactly what they did.

Well.. (5, Interesting)

Anonymous Coward | more than 2 years ago | (#40477467)

I'm sure that'll make kim happy.
Now that the goverment has destroyed his business and siezed a bunch of his assets.

See, thats how serious the riaa is. Guy starts talking about promoting independant artists himself on his own site... And the riaa gets the usa goverment to stomp on him with both feet. ILLEGALLY!

Such bullshit.

Re:Well.. (5, Interesting)

magic maverick (2615475) | more than 2 years ago | (#40477523)

Not only does the "goverment has destroyed his business and siezed a bunch of his assets" (which government? please be clear), the damage done to his house, and the money spent in defence is all gone. He won't be compensated for damaged property, let alone mental anguish or similar.

The police in NZ really fucked it up, and nothing will happen. The cop in charge won't even get a blackmark, let alone the judge who signed off on the illegitimate search warrant.

It doesn't matter if this individual is the most foul and awful person ever, they deserve to be compensated (and not a mere pittance either, but damages plus extra) to discourage this sort of behaviour. And some of it should come out fo the pockets of those directly responsible.

But no, we can't have that, we can't have any sort of fetters on the ability of the police to fuck up livelihoods, nor can we possibly actually hold accountable those responsible.

(Most of the above post applies to all the world, not just NZ.)

Re:Well.. (3, Interesting)

the eric conspiracy (20178) | more than 2 years ago | (#40478035)

So exactly why can't Mr. Dotcom sue over this? It seems to me that damages done during serving an illegal warrant would be recoverable.

Re:Well.. (0)

Anonymous Coward | more than 2 years ago | (#40478075)

Because to sue he'd have to visit the United States and get arrested and proven innocent in a court of law stacked well against him.

Re:Well.. (0)

Anonymous Coward | more than 2 years ago | (#40477907)

While I am disgusted at the handling of this case, I do believe Kim Dotcom was deliberately allowing/encouraging pirating. And while that doesn't justify this at all, I think we, as the community of rights-minded people, need to be careful of our defense here. This is not an example of an innocent man being wrongfully attacked, but of the government significantly overreaching and ignoring all due process / sanity / laws to get a conviction. Change through fear and intimidation must never be a tool of a first world democracy, and the fact that we witnessed that here, and that it was overseas in a foreign jurisdiction, is truly abhorrent to behold.

Re:Well.. (0)

Anonymous Coward | more than 2 years ago | (#40478025)

'Merika, FUCKA YEA!

Most recent interview with Kim (4, Informative)

Anonymous Coward | more than 2 years ago | (#40477513)

https://www.youtube.com/watch?v=ZvrRaeHD5TE&

MegaBoxed (5, Interesting)

wild_quinine (998562) | more than 2 years ago | (#40477537)

How interesting that Kim Dotcom has his assets seized and his business killed just a couple of months after announcing a new service called MegaBox that would have competed directly and legally with record labels.

The bad news for those guys is that it's still good to go. I wonder if it will be successful.
http://torrentfreak.com/kim-dotcom-artists-rejoice-megabox-is-not-dead-120621/ [torrentfreak.com]

Re:MegaBoxed (1)

Stickerboy (61554) | more than 2 years ago | (#40477829)

How interesting that Kim Dotcom has his assets seized and his business killed just a couple of months after announcing a new service called MegaBox that would have competed directly and legally with record labels.

The bad news for those guys is that it's still good to go. I wonder if it will be successful.

http://torrentfreak.com/kim-dotcom-artists-rejoice-megabox-is-not-dead-120621/ [torrentfreak.com]

How interesting really is this? Not very. Bandcamp already does this [bandcamp.com] . Spotify already does this [spotify.com] . And, if megaupload was any indication, both services will be much better than megabox.

Re:MegaBoxed (2)

wild_quinine (998562) | more than 2 years ago | (#40477883)

How interesting really is this? Not very.Bandcamp already does this [bandcamp.com] . Spotify already does this [spotify.com] .

Whataboutery, and irrelevance.

This is a story about a Filelocker service that has been deemed to be a haven for piracy launching a legitmate service directly in collaberation with the artists themselves. Unlike BandCamp and Spotify what its success would tell you is that many Artists aren't having a problem getting into bed with a so called haven for piracy. And a good number of them may even be choosing it in preference to working with all those 'legitimate' labels.

I would find that very interesting indeed.

And, if megaupload was any indication, both services will be much better than megabox.

Hmm, you could be right. Which streaming music service was MegaUpload worse than?

Re:MegaBoxed (0)

Anonymous Coward | more than 2 years ago | (#40478081)

Game, set, match: Quinine

the real reason (4, Funny)

slashmydots (2189826) | more than 2 years ago | (#40477559)

Hey, the FBI takes cheating at Modern Warfare 3 VERY seriously, okay? (see Kim Dotcom's wikipedia page)

Security footage + Dropbox = Offsite backups (0)

Anonymous Coward | more than 2 years ago | (#40477571)

Funny to see the king of filesharing screwing this up so badly

totalitarianism makes criminals into heroes (2, Insightful)

Anonymous Coward | more than 2 years ago | (#40477599)

This is a good example of how totalitarian police activity can help to turn a career criminal like Dotcom into a hero. Look at this guy objectively: Has he done a single thing in his whole life which was not about breaking one law after another for his own selfish benefit? Don't delude yourself: he wasn't doing any of this to free our culture from Big Media or even to give you shit without you having to pay for it. This has always been about benefiting himself.

Re:totalitarianism makes criminals into heroes (1)

Anonymous Coward | more than 2 years ago | (#40477819)

Of course. But he deserves to enrich himself because he was providing a service that people want. Neither the copyright cartels nor the police currently seem to be capable of doing that, even when they also ignore the law.

Re:totalitarianism makes criminals into heroes (4, Insightful)

Anonymous Coward | more than 2 years ago | (#40477853)

Find me a CEO of any fortune 500 company that can't be described in exactly the same way.

News headline from next week (2, Funny)

crazyjj (2598719) | more than 2 years ago | (#40477647)

"Helen Winkelmann Arrested on Rape Charge"

Re:News headline from next week (0)

AliasMarlowe (1042386) | more than 2 years ago | (#40477973)

"Helen Winkelmann Arrested on Rape Charge"

But did she want a condom or not? Confusing...

OGRHREarth's inhabitants brand commercial network (-1, Troll)

Earth's inhabitants, (2672561) | more than 2 years ago | (#40477697)

Axis of evil is a man-eating devil Communist Party of China! Earth's living environment = Hell Man-eating devil Communist Party of China must be eliminated for the future of the Earth's inhabitants Trademarks and designs of the Communist Party of China to snatch OGRHR (the Earth's inhabitants brand commercial network) Earth's inhabitants, faces the greatest threat; long-term man-eating devil Chinese Communist Party dictatorship!OGRHR ( Earth's inhabitants brand commercial network), founder of Pang Zhanshi by the Chinese Communist Party of severe persecution, the robber to eat people devil Chinese Communist Party to snatch OGRHR trademarks and pictorialOGRHR (the Earth's inhabitants brand Business Network) is the most important; thinking! According to physics, the earth is a whole; We are all Earth's inhabitants Earth's inhabitants are omnipotent Brand building business networks in the Earth's inhabitants. Clear truth;People value people are the most valuable! The human mind is the best and most efficient creativity! However, man-eating devil Communist Party of China has killed how many talented people? Obscurantist men into pigs allowed to eat the devil Chinese Communist Partymercy! Man-eating devil Communist Party of China = lie + violence + monopoly = brand nemesis! Distorted to change human nature! Eating the devil's long dictatorship of the Chinese Communist Party has become of no value to the Earth A country's authoritarian rulers The Chinese Government= a crime against humanity+ Destroy the earth 2012 Communist Party of China must be eliminatedSOS

corporate america runs the US Justice Dept (0)

Anonymous Coward | more than 2 years ago | (#40477791)

Once again the US Justice department being directed to do corporate Americas bidding and now HOW MUCH is it going to cost the us taxpayer for these outrageous overstepping of their bounds. Talk about a MAJOR FU**UP, every agent and prosecutor involved SHOULD BE FIRED. And I'll be perfectly honest we should bill every bit of cost involved, including lawsuit losses to RIAA and the other entities involved. We the american taxpayer SHOULD NOT have to pay for this. This is an incredible SCREW UP by our government at the hands of private companies.

The next extradiction request ... (4, Interesting)

Alain Williams (2972) | more than 2 years ago | (#40477807)

will it be to have the USA send back to New Zealand those FBI officers who we now know committed illegal acts when they were last in New Zealand ?

I can't see the USA giving this any attention other than to laugh at it .... but what would they say if it were the other way round ?

2 Cents (0)

Anonymous Coward | more than 2 years ago | (#40477847)

I'm proud of what America is SUPPOSED to be, but not what it is. Our ellected officials and pawns that go along with it all need their asses kicked, many times over. Especially the law enforcement community.

My question is, where are all the god damn lawyers in the US? I mean ACTA was not ratified by the Senate. Even if it was accepted in NZ, the US authorities are still bound by US law, so there is some clear violation there.

In addition, there have been constnat abuses of power and authority, and until they are held accountable, the problems will continue. I would think all the law firms would jump at the chance to go after these traitors, but I hear almost nothing... WHY?

Well Deserved Kick To The Fed Nuts (-1)

Anonymous Coward | more than 2 years ago | (#40477889)

Nice to see sanity return to judicial proceedings; yet not those in the USA but hope remains.

And hopefully, after the rightful citizens of the USA demand the Un-Elected Federal Government Employees to leave (as in an act of amnesty in regard to cease and desist their unlawful activities), or be burned within the burning buildings of DC (including the Obama Klan in the White House) as retribution for acts and high crimes against humanity let alone lawlessness against rightful citizens of the USA, it is high time to route the devils and hang upside down their skinned and burned and lifeless bodies for all to see along the Capital Mall as a testament to just how pissed off the rightful citizens of the USA are at the moment and for many years.

May God Damn Obama and his Unelected Government.

Payback (3, Interesting)

nurb432 (527695) | more than 2 years ago | (#40477947)

Sort of payback from NZ officials for being treated like they were by the FBI after they did their best to cooperate. Not real surprised to see a virtual bird flipping back.

But, Kim was put out of business for a while, so the effect was the same. Short sighted goals.

Appalling cost to NZ taxpayers (5, Interesting)

FeatherBoa (469218) | more than 2 years ago | (#40477967)

I wonder, when the dust settles, as I suppose it one day must, will anyone add up the appalling costs to the NZ taxpayers to play out this farce? The Crown is likely going to have to fold their entire case and may face liability for wrongful conduct. It's all well to say that the Americans have achieved their goals just by putting the fear of god into all the offshore quasi-ethical file-share outfits and screwing up Mega's business. But NZ taxpayers will face millions in court costs and lost police and prosecutor time sorting this out. If the costs are large, the embarrassment significant and the gains are negligible or non-existent, how many more times will NZ or other small powers accommodate American expeditions of this type so willingly?

I think there's an onus on New Zealanders to complain to their parties about the policies that let this happen, use access to information to ferret out the complicit officials into the light of day. Make the costs and embarrassment of following though on this farce a political issue for the government.

If I were Julian Assange... (1)

ChunderDownunder (709234) | more than 2 years ago | (#40478093)

I'd be asking for a separate cell in Gitmo.

Kim might eat him! What is it about billionaires that makes the majority of them obese?

Thus spoke the bald and bold eagle! (0)

Anonymous Coward | more than 2 years ago | (#40478121)

> In particular, warrants did not make it clear that the breach of copyright law and money laundering offenses were U.S. federal offenses rather than NZ offenses. Therefore the search and seizure was illegal.

You have a logical fallcy here. Please observe that USA federal law is valid in Low Earth Orbit and over the entire surface of the world (expect Israel and the palestinian territories it occupies). If you don't agreee, please send a postcard to any of the 11 US Navy nuclear powered aircraft carriers and we will gladly visit you to prove otherwise! Please note that US Navy is not responsible for collateral damage.

Otherwise, I wonder if NZ is long overdue for an "arabic spring" type popular revolution to overthrow the oppressive regime they have there? I heard they are very oppressive towards the aboriginal native coloured inhabitants of the islands as well as millions of sheep treated inhumanely and the USA should help to liberate them! That would also help send a practical message to the aussies not to get too intimate with the chinese communists, else...

Load More Comments
Slashdot Account

Need an Account?

Forgot your password?

Don't worry, we never post anything without your permission.

Submission Text Formatting Tips

We support a small subset of HTML, namely these tags:

  • b
  • i
  • p
  • br
  • a
  • ol
  • ul
  • li
  • dl
  • dt
  • dd
  • em
  • strong
  • tt
  • blockquote
  • div
  • quote
  • ecode

"ecode" can be used for code snippets, for example:

<ecode>    while(1) { do_something(); } </ecode>
Create a Slashdot Account

Loading...