MegaUpload Kicks FBI In The Teeth In Major Ruling
06.28.12 Written by Dan Seitz
Remember when the FBI shut down MegaUpload? Boy, that was sure a win for the federal government!
Except, uh, not. Ever since the raid, the US government has consistently been losing in New Zealand courts, where MegaUpload is based. They’ve had to free Kim Dotcom, had to return some of his assets, and, most embarrassingly, had to actually fork over the evidence they have that he was breaking the law. It’s rapidly become clear that the FBI and the Department of Justice did not do any research into where American and New Zealand laws intersect and where there might be issues.
And now the case is essentially dead…
New Zealand High Court Judge Helen Winkelmann ruled Thursday that the warrants did not adequately describe the offenses alleged… “Indeed they fell well short of that,” she said. “They were general warrants, and as such, are invalid.” She also ruled that it was unlawful for the data confiscated in the raid to have been sent offshore.”
Roughly translated, this means the United States can’t use anything it found on those hard drives, if it did happen to find anything, because it’s illegally confiscated. This is a wee bit of a problem because their entire case is likely built on what they found in those drives.
In short, the entire case has collapsed. The US government walks away with a black eye, the labels walk away with an object lesson that you can’t game the system, and hopefully MegaUpload users get their data back.
Megaupload Kicks FBI in the teeth
Originally Posted by Sword Of Time
