> New Zealand authorities didn’t investigate the US request, but Judge Potter said that the Attorney General is not required to evaluate the legitimacy of the US order.
So the NZ Govt will seize your stuff just because some other country tells them to do so, without even making sure that all the paperwork is in place? Is that the same standard of evidence they use to justify domestic searches and seizures?
I think that the "legitimacy of the US order" refers to the evidence that will be presented to the US grand jury, not the search warrant in New Zealand. The Mutual Assistance in Criminal Matters Act [1] requires that the Attorney General be satisfied that the request be related to a foreign criminal matter, but they do not have to ensure that the order would be held up in the US.
That makes more sense, though it still looks like a dangerous abridgment of due process if the country that actually seizes the assets feels no need to launch an independent investigation to find out whether or not the allegations have any merit.
I hope the NZ government revises their extradition treaty in this light. USA has a legal reputation of trumped up charges to force a plea deal despite no trial. Especially if they can play the card of 'money laundering' which legally allows them to seize every asset and cash.
We are now between two stable states - the US will not be as an important player in the early 21st century as it was in the late 20th - and a lot is at stake right now. I can only hope we can all elect governments wise enough to ensure a smooth transition because trying to prevent - or even postpone - it will only make it more violent and unpredictable.
Hopefully we'll see a stricter application of rule of law going forward. What's happened up till now is an appalling example of the US government forcing domestic police forces in other countries to do things that violate their own laws.
I just think it is amazing that Kim Dotcom is making the FBI look like bigger assholes than he is. You would think this would be very difficult, but he is just completely controlling the conversation. Even if the FBI wins this battle, the damage to the reputation of the FBI has already been done.
I come from New Zealand, and I'd like to chip in that if anyone thinks the behaviour of the NZ Govt is confusing then they probably aren't aware that NZ Govt is eagerly gunning for a Free Trade Agreement with the USA
This is my personal speculation but it's also the spirit of what was behind the new "three strikes" copyright law (which almost no citizen wanted) introduced to NZ in September 2011 which makes NZ ISPs do the police work of the MPAA/RIAA
Please don't downvote this if it comes across as "anti-US" - it's not meant to be and I'm only posting a collection of facts which I think everyone here would find interesting about US-NZ tech relations
I'm also from NZ, and I would agree that it does look like our government will do anything for the guys with the money. Even our filming of the Hobbit film made us change a law by pressure of the movie execs :|
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[ 4.0 ms ] story [ 29.9 ms ] threadSo the NZ Govt will seize your stuff just because some other country tells them to do so, without even making sure that all the paperwork is in place? Is that the same standard of evidence they use to justify domestic searches and seizures?
Regardless, I hope that the copyright extremists realize that although megaupload is gone piracy continues.
[1] http://www.legislation.govt.nz/act/public/1992/0086/latest/D...
USA is becoming a very dangerous country.
Given the sum of world history, I don't see how this ends well.
http://en.wikipedia.org/wiki/NZ-US_relations#Proposed_Free_T...
This is my personal speculation but it's also the spirit of what was behind the new "three strikes" copyright law (which almost no citizen wanted) introduced to NZ in September 2011 which makes NZ ISPs do the police work of the MPAA/RIAA
http://3strikes.net.nz/information/law-basics
The next thing that is going to be attacked is the New Zealand abolition of software patents - http://www.nbr.co.nz/article/opinion-us-heavies-nz-software-...
Please don't downvote this if it comes across as "anti-US" - it's not meant to be and I'm only posting a collection of facts which I think everyone here would find interesting about US-NZ tech relations