FBI takes Kim Dotcom's data without courts consent or knowledge

RadioNZ reports today that the FBI has taken some of Kim Dotcoms hardware containing crucial data outside of New Zealand without consulting or notifying the courts. Kim Dotcom's lawyer said today that an order was in place to ensure the hardware and data stays in New Zealand, and he thought it was still in effect.

According to the report, a Crown lawyer today confirmed in court that some of the seized goods have already been shipped back to the US by the FBI. It appears the Crown intentionally handed the goods over as they were not in the FBI's hands before now. Kim Dotcom, who was in the public gallery, wiped away tears and walked out of court.

Kim Dotcom had been requesting the court return him a copy of the data so that he is able to construct a defense, however the courts have not been able to reach a decision yet. Kim also requested that a copy of the personal data on the devices, such as baby photos be given to him, but so far the courts have denied his request.

Dotcom had actually offered a deal to the court, in which he would surrender passwords and encryption keys in return for a copy of the data to build his defense. Justice Winkelmann urged the parties to consider the offer, but lawyers for both sides said they could not come to an agreement on how the access would actually work.

The Crown said that they thought Kim Dotcom's lawyers had been notified the equipment had been removed. Apparently, they will file proof of this late next week.

The news that the FBI has taken the hardware comes amidst a two day review of whether or not the warrant used by police to raid Kim Dotcom's house was too widely worded and breached his privacy. 

Dotcom's lawyer in the US said that "the New Zealand judicial system should stand up to American agencies" and that "he is concerned that the FBI will take all the evidence to the US and that will affect his client's extradition hearing."

If the FBI really has taken the data back to the US, as well as some of Dotcom's hardware, it will be extremely hard for him to build a compelling defense without any evidence to support himself. Despite this, the FBI may have gotten themselves into trouble and could have issues using evidence from Dotcom's data if they have indeed breached a order not to remove the hardware from New Zealand.

The bail hearing for Dotcom is not until August, when it will be decided if he will be extradited to the US to face charges of piracy.

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This is our corrupt Justice system at work again. The FBI never cares whether anyone is truly innocent of anything or not, they just now they have someone and throw the book at them. Even if it means doing things illegally themselves. Funny how the FBI can break the law and get away with it... I've seen it in other cases, and all the judge ever did was scold the FBI, they never get put in jail themselves.

When will this end? The FBI does not and SHOULD not have this much power. If they can reach their heavy hand outside of the US just imagine what they have in store for us Americans. Everyday you hear about an IP address that has helped them to identify the accused and BAM, guilty, no defense! Why no defense? Because the FBI already has everything from you leaving nothing behind to defend with. I read another comment on here about them becoming the RIAA/MPAA puppets or supporters, well yeah! There is a lot of money to go around on settlements from innocent folks that don't have enough recourses to defend themselves in court. The FBI has far more power than they should. Soon there will be an FBI field office in EVERY town in America. Innocent or guilty, there will be no place to hide.

Land of the free indeed. United states of China, where you accept corporate sponsored bullying with a smile, got it?!

Javik said,
Land of the free indeed. United states of China, where you accept corporate sponsored bullying with a smile, got it?!

I have smelled communism/socialism for some time now.. but nobody ever believed me. Soon enough, we will be able to look at everyone that denied us and say only this.. "I told you so!"

frankGawd4Eva said,

I have smelled communism/socialism for some time now.. but nobody ever believed me. Soon enough, we will be able to look at everyone that denied us and say only this.. "I told you so!"

Corporations are buying and selling your government and law enforcement officials and you're blaming Communism and Socialism? seriously...

To the next idiot gutsy enough to fly a plane into a building, why dont you pick the FBI Headquarters next time. The CIA wouldn't hurt either.

The FBI should just be exterminated. if they violate his rights, then the case simply has to be dropped. What is up with these countries being so afraid of US Agencies? The next time the FBI tries to take something, you call YOUR military and have them standing outside with guns pointed at their hands and you tell them no. Its that simple. The USA isn't that tough.

And if Dotgcom has good lawyers and there was an order standing and they violated their own order, the lawyer should be petitioning for dismissal bec they violated Dotcom's rights by breaking their own orders. Its that simple.

Here is the USA, any property seized without a warrant can't be used in any case. PERIOD
The FBI has just lost all control.

It wasn't long ago that people would have reacted the opposite of this thread, it's encouraging people know exactly what's up with the U.S. Govt. The illusion of freedom is now being shed because it's no longer necessary. Outright tyranny is the rule, just watch as it becomes the norm.

Hahaiah said,
It wasn't long ago that people would have reacted the opposite of this thread, it's encouraging people know exactly what's up with the U.S. Govt. The illusion of freedom is now being shed because it's no longer necessary. Outright tyranny is the rule, just watch as it becomes the norm.

Tyranny? Wow, that's cute.

Basically, the US just got a little bit excited and now think they can do what they want?
Now many many people are just laughing at their incompetence.

CrimsonBetrayal said,
And they wonder why the US is having money problems... don't they have more publicly beneficial things to be spending tax money on??

The MAFIAA need their private police force paid by the taxpayer. How could they possibly afford it otherwise?

What he was doing was certainly dubious, but that is overshadowed by the outright corruption in the arrest and investigation without outside interference from US Government and private industry. It will be exposed, there will be a scandal and there will be a Royal Commission in New Zealand of epidemic proportions.

BumbleBritches57 said,
So, doesn't the Megaupload case have to be thrown out now? Are they REALLY that ****ing stupid?

They (FBI, US GOV, MAFIAA) are making it impossible for Kim Dotcom to get a fair trial, thus stacking the odds in their favour. This is America's justice system at its finest people.

simplezz said,

They (FBI, US GOV, MAFIAA) are making it impossible for Kim Dotcom to get a fair trial, thus stacking the odds in their favour. This is America's justice system at its finest people.

Prosecutors can get very aggressive and do naughty things. All they care about is the win, and this will be a very big win in the political area for the prosecutor in this case.
Or, it's unlikely, but still possible that this could have just been an oversight on all sides.

That just lost them the case as there's now no way it can be shown the evidence was not tampered with in order to secure an extradition.

Nikos_GR said,
Me neither! Smells like fake news (FBI is not that stupid)!

It is not fake. This was said in the courts today by the crown lawyers.

Nikos_GR said,
Me neither! Smells like fake news (FBI is not that stupid)!

Yes they are. Our government thinks it rules the world and can do whatever it wants.

TRC said,

Yes they are. Our government thinks it rules the world and can do whatever it wants.

It appears the Crown intentionally handed the goods over as they were not in the FBI's hands before now.

Nikos_GR said,
Me neither! Smells like fake news (FBI is not that stupid)!

I disagree. I've followed news stories in the past where the FBI had actually outright lied to get a warrant to arrest many people, and all the judge did was scold them.

Not sure I follow. How exactly is it possible that the FBI is able to do this outside of the US? I mean they have no jurisdiction.

.Neo said,
Not sure I follow. How exactly is it possible that the FBI is able to do this outside of the US? I mean they have no jurisdiction.

Uhhh? When did U.S need any of that?

.Neo said,
Not sure I follow. How exactly is it possible that the FBI is able to do this outside of the US? I mean they have no jurisdiction.

It appears the Crown intentionally handed the goods over as they were not in the FBI's hands before now.

.Neo said,
Not sure I follow. How exactly is it possible that the FBI is able to do this outside of the US? I mean they have no jurisdiction.

Neither we have jurisdiction to kidnap people around the World and send them in places where they can be tortured.................. but it happens..............

.Neo said,
Not sure I follow. How exactly is it possible that the FBI is able to do this outside of the US? I mean they have no jurisdiction.

The US is the world police didn't you know that? They go into other sovereign nations' borders when ever they like (often without permission), seize citizens (rendition, extradition), then lock them up for years without trial.

I'm starting to think America is the new NAZI/fascist nation of the twenty first century.

simplezz said,

The US is the world police didn't you know that? They go into other sovereign nations' borders when ever they like (often without permission), seize citizens (rendition, extradition), then lock them up for years without trial.

I'm starting to think America is the new NAZI/fascist nation of the twenty first century.

$20 to the first person to start a war with the US government. However, leave the people out - most are mindlessly brainwashed by our government, the rest realize there's nothing we can do without losing everything, having an 'accident' happen to people we love or us, or get locked away in some far off place under the umbrella of being a 'terrorist'.

Man I love my empty shell of an idea that once was America.

simplezz said,

The US is the world police didn't you know that? They go into other sovereign nations' borders when ever they like (often without permission), seize citizens (rendition, extradition), then lock them up for years without trial.

I'm starting to think America is the new NAZI/fascist nation of the twenty first century.

You have no concept of what fascism truly is, so drop the hyperbole. Comparing the United States to Nazi Germany is ridiculous, cliche and base.

KCRic said,
$20 to the first person to start a war with the US government. However, leave the people out - most are mindlessly brainwashed by our government, the rest realize there's nothing we can do without losing everything, having an 'accident' happen to people we love or us, or get locked away in some far off place under the umbrella of being a 'terrorist'.

Man I love my empty shell of an idea that once was America.

You might have already said too much! I fear for your safety! Look for the tracking devices in your body and home, and you had best put that aluminum foil hat back on so that Washington can't read your thoughts anymore.

Skwerl said,

You have no concept of what fascism truly is, so drop the hyperbole. Comparing the United States to Nazi Germany is ridiculous, cliche and base.

It seems you are a little bit confused.............. Fascism and Nazism are two completely different ideologies........

Skwerl said,

You might have already said too much! I fear for your safety! Look for the tracking devices in your body and home, and you had best put that aluminum foil hat back on so that Washington can't read your thoughts anymore.

Howard Hughes was holding meetings in a copper insulated room eighty years ago; I believe he was way smarter and intelligent than I am so....................

Fritzly said,

It seems you are a little bit confused.............. Fascism and Nazism are two completely different ideologies........

I was directly replying to what you said: "I'm starting to think America is the new NAZI/fascist nation of the twenty first century."

Skwerl said,

I was directly replying to what you said: "I'm starting to think America is the new NAZI/fascist nation of the twenty first century."

Afraid you are confused again: I never said it, someone else did. Besides if someone says something historically inaccurate I would not get along but correct it in my reply.

Skwerl said,

You have no concept of what fascism truly is, so drop the hyperbole. Comparing the United States to Nazi Germany is ridiculous, cliche and base.

let's have a look at this.

Voted in Questionable government. Check (replace Nazis with Bush administration)
Victim of a Terrorist attack. Check (replace "Polish" with "Al Qaeda")
Arbitrarily generalise and blame external entitys. Check (replace Poland with Iraq)
Start wars with questionable integrity. Check (replaced Poland with Iraq)
Start to take away people's liberties and freedoms in the name of security. Check (the Patriot act)
Start to undermine free speech. Check (the US seems quite happy taking down any website they see fit)
Force everybody to carry a form of identification. (Show me your papers!) not implemented. there was a couple of rumors of planning to do this but I'm not sure of their validity.

Not as extreme as Nazi Germany, so America isn't at the stage of becoming Fascist just yet. But they are dangerously following a similar path.

"The Crown said that they thought Kim Dotcoms lawyers had been notified the euqipment had been removed."

How about running spell check before posting something on the front page?

Kelxin said,
"The Crown said that they thought Kim Dotcoms lawyers had been notified the euqipment had been removed."

How about running spell check before posting something on the front page?


I wrote this on a phone as it was breaking. Sorry.

Kelxin said,
"The Crown said that they thought Kim Dotcoms lawyers had been notified the euqipment had been removed."

How about running spell check before posting something on the front page?

Typo's are going to happen, do you call your news paper company and correct them if you read an error? Grow up.

Kelxin said,
How about running spell check before posting something on the front page?
How about you use the "Report a problem with article" link? Idiot...

xbamaris said,
This is stupid. FBI is out of control.

Makes you wonder if they did this on purpose. Obviously the FBI knows the law well enough to understand they would likely not be able to use information as evidence against him. Maybe we have some very liberal people in government trying to help out by undermining the whole project.

Funny how this happens so often.