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NZ To Investigate Illegally Intercepted Data In Dotcom Case

timothy posted more than 2 years ago | from the awkward-in-auckland dept.

Piracy 53

First time accepted submitter karit writes with this excerpt from Scoop News: "Prime Minister John Key today announced he has requested an inquiry by the Inspector-General of Intelligence and Security into the circumstances of unlawful interception of communications of certain individuals by the Government Communications Security Bureau. Mr Key says the Crown has filed a memorandum in the High Court in the Megaupload case advising the Court and affected parties that the GCSB had acted unlawfully while assisting the Police to locate certain individuals subject to arrest warrants issued in the case. The Bureau had acquired communications in some instances without statutory authority."

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Yay! (5, Funny)

NettiWelho (1147351) | more than 2 years ago | (#41434101)

And the wrongdoes will be prosecuted to the fullest extent of the law as if they werent affiliated with the government in any way, right?

Re:Yay! (5, Insightful)

dropadrop (1057046) | more than 2 years ago | (#41434111)

No, but they do need to find find out who the "accident" happened to, and ensure the public knows that nobody is responsible for it.

Re:Yay! (0)

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Re:Yay! (1)

jamstar7 (694492) | more than 2 years ago | (#41434125)

Suuuuuuuuuuuuuuuuuuuuuuure they will.

There's even a pony in there.

Re:Yay! (-1)

Anonymous Coward | more than 2 years ago | (#41434157)

And the wrongdoes will be prosecuted to the fullest extent of the law as if they werent affiliated with the government in any way, right?

Is there anything he could have said that would have elicited a different response from you?

Re:Yay! (0)

Anonymous Coward | more than 2 years ago | (#41435053)

I believe the simple answer would be if charges had been laid against those responsible for the decision making that led to the actions.

The charge being breaking the law that makes the action unlawful.

It's a pretty straight forward concept, however apparently the OP is not naive enough to expect it.

Re:Yay! (2)

Seumas (6865) | more than 2 years ago | (#41434195)

Dotcom is just fortune that he is like a jabillionaire. Or, rather, if the government(s) don't screw him over, he's theoretically a jabillionaire. If he weren't, he would quickly be an example for all to cower over (which he sort of is, anyway, I guess) or he would be swiftly disappeared. If any of us where in his situation, sans the riches and connections, we would be totally and utterly fucked.

Re:Yay! (3, Insightful)

Mitreya (579078) | more than 2 years ago | (#41434433)

If any of us where in his situation, sans the riches and connections, we would be totally and utterly fucked.

Absolutely.
But still, two wrongs may make somewhat of a right here. He was probably illegally arrested and because he has bribed half the government someone might actually look into that.
That seems like a good outcome, even if it happens for a wrong reason.

Re:Yay! (1)

krashnburn200 (1031132) | about 2 years ago | (#41441937)

More bad precedents can only be a bad thing in general, but I am vindictive enough to overlook that for the chance of seeing the flunkies enabling this farce to be exposed and shamed....

Funny thing though, my government is exposed and shamed regularly for doing things that most people simply refuse to believe are actually happening.

Doesn't seem to be having any impact... Hope they have better...well not luck, perhaps citizens.

Re:Yay! (3, Insightful)

Anonymous Coward | more than 2 years ago | (#41434209)

didn't you notice this crime is described as "unlawful", not "criminal"?

Re:Yay! (5, Interesting)

Anonymous Coward | more than 2 years ago | (#41434407)

I'm sure this was just a cry for karma but I suppose I'll try and set a few things straight, anyway.

1) The Inspector General of Intelligence and Security is elected by the Prime Minister and Opposition Leader jointly. The office responds to public enquiry and has a very large amount of power; the IGIS must also be a required High Court Judge. Both the PM and the leader of the opposition receive IGIS' annual report. They have full and unrestricted access to all facilities, files, or intercept regardless of source or classification. IGIS also has the right to demand an individual or group for questioning and detain non-responders.

2) It is pretty unlikely that there are one or two wrongdoers in GCSB at fault for the intercept the PM has asked IGIS to investigate. If I had to guess it was collect that should have been discarded (i.e., NZ citizens and/or in support of law enforcement, which is not GCSB's mission and in fact they are specifically disallowed from supporting) that was provided to law enforcement officials upon request instead of the request being denied. The typical approach is not to send the individuals who f'd up to court for treason or something silly but there are likely to be some consequences.

Typically the agency, GCSB in this case, will pay for the transgressions and a lot of their work will come under a microscope (rightly so). The problem in cases like this is very rarely one or two individuals but some policy, law, or underhanded politics that allowed it all to happen and that's what IGIS goes after.

Re:Yay! (3, Interesting)

Anonymous Coward | more than 2 years ago | (#41436049)

Same deal for DSD in Australia. I lived through a few enquiries, one or two names from the inspector generals office will drop by the GCSB for coffee and biscuits in the board room then be on their way. What you say is exactly what is supposed to happen. It never does though. The people that gave the green light on this will never even speak to IGIS, the guys and girls that dialed in the intercept system will keep pulling 12 hour shifts as if nothing happened. IGIS is toothless by choice.

Re:Yay! (0)

Anonymous Coward | more than 2 years ago | (#41438003)

It is cute how you still believe in your government.

Re:Yay! (1)

Kalriath (849904) | about 2 years ago | (#41446013)

The GCSB reports to the office of the Prime Minister, so... he'll get right on that.

P2P antisemite are now down to creating paradoxes! (-1)

Anonymous Coward | more than 2 years ago | (#41434103)

> GCSB had acted unlawfully while assisting the Police to locate certain individuals subject to arrest warrants issued in the case.

That sentence is a paradox. Arrest warrant is a legal order to put someone in handcuffs, therefore it is not possible to act unlawfully while assisting police in the preparation and execution of an arrest. That tall, fat criminal was not killed or injured in any way during the arrest, so there is no problem. (Even though he was found with shotgun in hand and could have been gunned down on the spot. The police was acting really humane in that case.)

The pro-P2P antisemite, who enjoy ripping jewish Broadway music and Hollywood movie tycoon copyright owners of revenue stream, to make the jewry vulnerable to extermination, are inventing more and more absurd stances to be able to brag and confuse the public simultaneously. Except they can't, because the jewish-led press clearly articulates their falsities in print and teaches the goyim masses the way to become righteous towards the Chosen Nation.

In this regard, the pro-P2P fanatics are quite similar to the iranians in their active anti-semitic aspirations, but both of those bunches will fall flat on their faces, when the immense might of the Jewish State becomes evident! The power of Shema is encoded in the gematria of every chip design and when the day of wreath comes (soon), neither the persians nor the pro-P2P posse will have working computers. Shake your fist to the sky and throw stones as Chel ha Avir flies overhead!

Re:P2P antisemite are now down to creating paradox (5, Informative)

GumphMaster (772693) | more than 2 years ago | (#41434251)

Arrest warrant is a legal order to put someone in handcuffs, therefore it is not possible to act unlawfully while assisting police in the preparation and execution of an arrest.

Of course it possible to act illegally. All it would take is for the GCSB to assist police by deliberately intercepting domestic communications of a permanent resident in order to locate the individual, an act prohibited by Section 14 of the relevant Act [legislation.govt.nz] . (Dotcom was granted permanent NZ residency in Nov 2010) The GSCB could have placed an interception device on a network without an appropriate interception warrant, an act prohibited by section 15 of the Act. If they have done these things then they must held to account.

Re:P2P antisemite are now down to creating paradox (1)

gl4ss (559668) | more than 2 years ago | (#41434383)

i think the ac post was parody, at least I hope the paragraph talking about power of shema. ...anyhow, the whole case was handled in the US fashion where it was assumed that he'd go for a plea bargain in which case none of the stuff the authorities matter since the plea bargain would clear them of everything.

that's bringing money changers not to the temple, but to the court.

Re:P2P antisemite are now down to creating paradox (0)

Anonymous Coward | more than 2 years ago | (#41434441)

(Dotcom was granted permanent NZ residency in Nov 2010)

The permanent residency call would be an interesting one; historically a permanent resident and citizen were not afforded the same rights until, ironically, the 29th of November 2010. The alterations to the act do apply retroactively to residents granted permanent residency under the Immigration Act of 2009 so it's irrelevant, just an interesting tidbit. It is unlikely that GCSB performed any direct collection of Dotcom's communication without a warrant, or the warrant still remains classified which IGIS will find and/or rule on should they find it appropriate, but possibly misused some incidental collect that should have been discarded and not passed to law enforcement.

More relevantly GCSB are unable to support law enforcement operations as this does not fall within their mission under the act.

Re:P2P antisemite are now down to creating paradox (4, Insightful)

L4t3r4lu5 (1216702) | more than 2 years ago | (#41434519)

What are the chances of retoractive immunity for illegal wiretapping, as granted by Bush Jr?

After all, if it happens in America, it sets precedent elsewhere, right?

Re:P2P antisemite are now down to creating paradox (0)

Anonymous Coward | about 2 years ago | (#41441681)

Short answer - maybe.

Long answer - you better be trying to be funny.

Re:P2P antisemite are now down to creating paradox (0)

Anonymous Coward | more than 2 years ago | (#41437201)

when the day of wreath comes (soon)

Christmas? Still about three months away.

Not sure wtf you're rambling on about with the rest of that post.

Just like Edgar J. catching the "commies" (0)

Anonymous Coward | more than 2 years ago | (#41434115)

The new FBI and their counterparts in the subjected territories persecute the perceived threats to the US big business with the full power of the government, and without regard to right, wrong, law or justice.

Let's hope that the history will repeat itself. In the first case of Hoover, the society figured out that social amenities are a good replacement to revolution, implemented a welfare state, put some restraints on what nutty right-wings could do and prospered.

This time around it is the "intellectual property" that is getting in the way of progress.

Nothing like what key says about other Dotcom news (5, Interesting)

anth (2631) | more than 2 years ago | (#41434129)

The other big news in New Zealand related to Kim Dotcom got a very different reaction from the Prime Minister

John Banks ran for the may of Auckland a few years ago and lost. Dotcom and a few others say that he asked Dotcom for a campaign contribution, and then that it should be two lots of $25000 rather than one donation of $50000 because "I want to help you Kim and I can help you more effectively if no-one knows about this donation". Dotcom's security guard late said that Banks confirmed the cheques had been cleared.

Banks later signed the declaration about campaign contributions saying that those (and others) were anonymous. He claims that some staffer filled in the form and that he wasn't responsible even though he signed it. He also can't remember flying to and from Dotcom's mansion in Dotcom's helicopter.

Banks is now the only remaining Member of Parliament for the Association of Consumers and Taxpayers party, having been added to the party shortly before the last election in their only safe seat. Well, it was safe. That party was the most libertarian-leaning in New Zealand. Banks isn't quite that, and any remaining ACT party members probably aren't quite so happy that he is leading changes that look set to spend taxpayer money on schools that teach creationism.

The police have said that they can't charge him with some things as the statute of limitations has passed, and can't prove other things. Dotcom is talking to the media as much as he can, and going to parliament for photo ops. The police have released their file but say that Banks won't allow his statements to be included. Banks says that was the police's decision.

Anyway his one vote is needed by the government so the Prime Minister is saying that he accepts Bank's word that he didn't break the law. He refuses to read the police file.

Re:Nothing like what key says about other Dotcom n (-1)

Anonymous Coward | more than 2 years ago | (#41434181)

7 posts in and already someone is throwing "libertarian" about.

Re:Nothing like what key says about other Dotcom n (0)

Anonymous Coward | more than 2 years ago | (#41434223)

And there is no problem with that considering he is just using it to describe a politcal party most people won't be familiar with.

Re:Nothing like what key says about other Dotcom n (1)

tbird81 (946205) | more than 2 years ago | (#41434549)

"Throwing about" - you mean using the word appropriately?

Re:Nothing like what key says about other Dotcom n (0)

Anonymous Coward | more than 2 years ago | (#41434343)

The police have said that they can't charge him with some things as the statute of limitations has passed,

This is the thing that really gets me, the statute of limitations on perverting the course of democracy is measured in months. If not a treasonous act to the NZ government, it is a least a treasonous act and betrayal of the people of the city he wanted to be the mayor of.

Re:Nothing like what key says about other Dotcom n (4, Informative)

Michael Woodhams (112247) | more than 2 years ago | (#41434669)

John Banks isn't really necessary for the government. There are 121 seats, National (the main governing party) holds 59, ACT (John Banks) 1. Parties with which National could reasonably do deals to pass legislation (or even negotiate a coalition with) are New Zealand First (8 seats), Maori Party (3 seats), United Future (1 seat.) So they could distance themselves from John Banks and still continue to govern as an effective minority government. The opposition Labour Party effectively lead a minority coalition government in this way for years.

Re:Nothing like what key says about other Dotcom n (1)

MoaDweeb (858263) | about 2 years ago | (#41440515)

If the PM cuts Banks free then he will either have to rely on the Maori Party for support of legislation, that would be make for a difficult 2 years with the water-rights issue etc boiling away. It would give Pita Sharples a chance to prove he is not senile though.

Re:Nothing like what key says about other Dotcom n (1)

menloo (2738187) | about 2 years ago | (#41445521)

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Re:Nothing like what key says about other Dotcom n (1)

Kalriath (849904) | about 2 years ago | (#41446047)

I really, really, can't see Winston agreeing with John Key on anything.

Re:Nothing like what key says about other Dotcom n (1)

Kittenman (971447) | about 2 years ago | (#41443109)

Excellent summary - thanks for taking the time.

DUDE SHOULD BE SENT TO PRISON FOR NAME CHANGE !! (-1)

Anonymous Coward | more than 2 years ago | (#41434261)

DotCom ?? Send him up river and let the Aryans show what they think of his dot com !! Where's your god now !! He ain't at the Foxconn riots, that much is for sure !!

Re:DUDE SHOULD BE SENT TO PRISON FOR NAME CHANGE ! (0)

Anonymous Coward | about 2 years ago | (#41441761)

A 6ft 6 150kg blond blue eyed millionaire of german descent? Oh yeah, they'll hate him.

What a bunch of tossers.... (5, Insightful)

Anonymous Coward | more than 2 years ago | (#41434293)

So the NZ equivalent of NSA/CIA (if you're American) or GCHQ/SOCA (if you're British) helped the US govt nail sombody over a file sharing site?

We have various loony groups running all around the world killing people, we have organised crime making gazillions out of drugs, racketeering and people trafficking, but hey, lets focus on Kim Dotcom and nail a fucking file sharing site. Big woopy doo, oh, and lets not even do it by the book, lets do all the processes wrong so they look like complete cunts and get found out.

If I was the bloody Prime Minister I'd go ballistic not just because they helped the US govt out, not just because they did it illegally but because they were fucking morons in how they did it.

Anyway, it's early in the morning, I haven't had enough (or any) coffee.

Re:What a bunch of tossers.... (1)

Tastecicles (1153671) | more than 2 years ago | (#41434867)

Mod up.

Re:What a bunch of tossers.... (2)

Alex Belits (437) | more than 2 years ago | (#41434997)

I have a strong suspicion that New Zealand does not have much of "loony groups running all around the world killing people" or other things you have mentioned. Not that it's an excuse for co-operating with US while breaking local laws, but I am sure, it's better than sending people abroad to hunt terrists, run overblown war on drugs, or helping organized crime by fighting other organized crime.

Re:What a bunch of tossers.... (1)

misexistentialist (1537887) | more than 2 years ago | (#41435813)

Don't worry, your tax money is also being spent to aid terrorism and organized crime. Normally none of this is done in accordance with any law or court so these people are in unfamiliar territory. Lesson learned: should have just killed the fat bastard.

Re:What a bunch of tossers.... (1)

andrew2325 (2647845) | about 2 years ago | (#41445857)

Nah, you shouldn't have killed the dude. You know what you'd be doing if you killed that dude? In most cases, you'd just make yourself look chicken shit, just like I have in the past.

Test (1)

nischal360 (2713011) | more than 2 years ago | (#41434547)

Dft

Re:Test (1)

SuricouRaven (1897204) | more than 2 years ago | (#41434745)

ECHO REPLY

Re:Test (0)

Anonymous Coward | more than 2 years ago | (#41435427)

This post was removed due to Dice content standards violations.

Scoff all you want (3, Insightful)

ThatsNotPudding (1045640) | more than 2 years ago | (#41435157)

It is a well known fact that foxes are very scrupulous and self-critical during any henhouse investigation.

Re:Scoff all you want (1)

andrew2325 (2647845) | about 2 years ago | (#41445837)

I hear that foxes are also very very scrumptious. As though, they were the nom nom's the cookie monster never told us about.

Re:Scoff all you want (1)

andrew2325 (2647845) | about 2 years ago | (#41445863)

They are only for the dragon to eat. I don't want to eat anyone else.

Packers movers Gurgaon (-1)

Anonymous Coward | more than 2 years ago | (#41435227)

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At least (1)

Sparticus789 (2625955) | more than 2 years ago | (#41435911)

It is good to know that signal intelligence agencies everywhere bend and break the law of their own countries. Not because it is good, but because I now know that no country's communications are truly safe.

Hypocrissy rulez! (1)

NewtonsLaw (409638) | about 2 years ago | (#41444145)

And these people (the USA and NZ governments) are right behind moves to overthrow despots in other nations.

Hang on... isn't a despot someone who places themselves and their accomplices above the laws that regular citizens must obey (and are often severely punished for if they don't)?

Kettle black pot -- use these words to create a sentence that describes this situation.

NZ National government (1)

Pesticidal (1148911) | about 2 years ago | (#41444683)

The way this National government is going, they are ensuring that the IT industry and the computer geek populace won't be voting for them in the next general election. First the three-strikes internet downloading law, then the Dotcom debacle, and now the government's backtracking on their original anti-software patent stance. All three are seemingly in response to US influence (and most obviously in the case of Dotcom). The NZ Pirate Party and even the Greens are starting to look like good choices.

Re:NZ National government (1)

NewtonsLaw (409638) | about 2 years ago | (#41445055)

And let's not forget their big non-commitment to creating a knowledge-based economy.

The best they can do is offer to *give* taxpayers money to companies that are already so successful that they don't need it. And the buggers don't even have to pay it back!

Where's the support for fresh new startups created by NZ's best and brightest?

There is none -- so it's no wonder our "best and brightest" head straight from the capping ceremony to the nearest international airport.

Re:NZ National government (1)

Kalriath (849904) | about 2 years ago | (#41446057)

Let's be serious, noone in the IT industry is going to vote for the pirate party - that's effectively voting for the abolition of your trade.

Re:NZ National government (1)

Pesticidal (1148911) | about 2 years ago | (#41446159)

The only real flaw in Pirate Party policy is the abolition of copyright. Also, they would do well to rename themselves to something like the Electronic Freedom Party as the word Pirate has too many negative connotations.
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