Kim Dotcom’s battle through the courts continues, with the Court of Appeal recently delivering a blow to Dotcom’s campaign. In Attorney-General v Dotcom, the Crown appealed the High Court decision that found the search warrants served on Dotcom, during the raid on his mansion, were illegal. The Crown also appealed the High Court ruling that forensic copying (known as “cloning”) of data by the FBI from seized computers was illegal. Dotcom has expressed his intention to appeal this decision, given the Court of Appeal accepted that the search warrants were valid despite a number of deficiencies.
Dotcom’s story has become infamous. The Megaupload founder and internet mogul was arrested on 20 January 2012 after a dawn raid, at the behest of the United States, that featured two helicopters and 76 police officers. Three associates of Dotcom were also arrested. What followed — and continues to follow — has been a series of legal skirmishes. The United States seeks to have Dotcom extradited to face copyright and money laundering charges, while Dotcom parries back with allegations of illegality and a claim for damages.
This judgment pertained to a narrower set of circumstances; the search warrants executed during the raid and the subsequent plight of seized computer data. The search warrants led to “more than 135 electronic items … containing an estimated 150 terabytes of data” being taken by the New Zealand police (at ). The FBI subsequently made clones of some of the electronic data on the seized computers — with the consent of the Commissioner of Police — and took some of those clones back to the USA. (more…)