[governance] Kim Dotcom: New Zealand to investigate unlawful spying+ICANN/L'Oreal+Copyright enforcement

michael gurstein gurstein at gmail.com
Tue Sep 25 04:52:20 EDT 2012


Now if we combine the ICANN new TLD thread (a la Parminder), the Kim DotCom thread, and the copyright enforcement thread we are in true SciFi country where folks, say in the deepest depths of rural wherever, looking for example for words to describe a particularly fine example of show horse use the term "she's a ... beauty" as part of an online promo. Could they then expect a knock at 3 am with an armed swat team acting at the behest of the FBI in full black carapace and balaclava's ramming the door open to enforce L'Oreal's "ownership" of the the benighted term...

(As folks jump in to point out the absurdiity of such a possibility I would very much appreciate the use of the policy and legal finesse shown in other related discussions applied to this one...

M 

-----Original Message-----
From: governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] On Behalf Of Riaz K Tayob
Sent: Tuesday, September 25, 2012 9:01 AM
To: governance at lists.igcaucus.org
Subject: Re: [governance] Kim Dotcom: New Zealand to investigate unlawful spying

Agree with you. Of course we would be less than disinterested if we underestimated the non-formal persuasion evident in many issues related to US interests, especially when countries ride rough shod over their own laws... or where (like in finance or telecoms spying) the US does so to its own laws...


On 2012/09/24 09:12 PM, mmarius at ict-pulse.com wrote:
> This inquiry is not surprising, all things considered.
>
> Looking back on the arrest of Kim Dotcom - and not taking anything 
> away from the myrid of allegations against him and Megaupload - the 
> arrest and efforts to extradite him appeared a bit over-zealous, 
> especially on the part of the NZ police...
>
> Having said this, many countries can be intimidated when the US comes 
> a-knocking, but it incumbent for those countries to do their own due 
> diligence to ensure that due process according to their legal system 
> are followed...
>
>
> Regards,
>
> Michele Marius
>
>
> Blog: http://www.ict-pulse.com
> Twitter: @ictpulse
> Facebook: https://www.facebook.com/ICTPulse
> LinkedIn: http://jm.linkedin.com/in/mariusms
> ===============
>>    Kim Dotcom: New Zealand to investigate unlawful spying
>>
>> PM orders inquiry into actions of government agents in lead-up to 
>> arrest of Megaupload founder, who is fighting US extradition
>>
>>
>>    *
>>      Reuters in Wellington
>>    * guardian.co.uk <http://www.guardian.co.uk/>, Monday 24 September
>>      2012 09.57 BST
>>
>> Megaupload founder Dotcom at court in Wellington Megaupload founder 
>> Kim Dotcom outside the New Zealand court of appeals in Wellington. 
>> Photograph: Mark Coote/Reuters
>>
>> New Zealand <http://www.guardian.co.uk/world/newzealand>'s prime 
>> minister, John Key, has launched a inquiry into "unlawful" spying by 
>> government agents leading to the arrest of Megaupload 
>> <http://www.guardian.co.uk/technology/megaupload> founder Kim Dotcom 
>> <http://www.guardian.co.uk/technology/kim-dotcom>, who is fighting 
>> extradition to the US where he faces charges of internet 
>> <http://www.guardian.co.uk/technology/internet> piracy and breaking 
>> copyright laws.
>>
>> The investigation may deal another blow to the US case after a New 
>> Zealand court ruled in June that search warrants used in the raid on 
>> Dotcom's home earlier this year, requested by the FBI, were illegal.
>>
>> Key has asked the government's intelligence and security division to 
>> investigate "circumstances of unlawful interception of communications 
>> of certain individuals by the government communications security 
>> bureau", his office said in a statement on Monday.
>>
>> Key's spokesman would not comment on whether the "certain individuals"
>> referred to Dotcom, his three colleagues also arrested and facing US 
>> charges, or all of them.
>>
>> "The bureau had acquired communications in some instances without 
>> statutory authority," Key's statement said.
>>
>> New Zealand authorities arrested Dotcom and his colleagues at his 
>> rented country estate near Auckland in January, confiscating 
>> computers and hard drives, works of art, and cars.
>>
>> The FBI accuses the flamboyant Dotcom, a 38-year-old German national 
>> also known as Kim Schmitz, of leading a group that netted $175m 
>> (£100m) since 2005 by copying and distributing music, films and other 
>> copyrighted content without authorisation.
>>
>> "I welcome the inquiry by [Key] into unlawful acts by the GCSB," 
>> Dotcom said on his Twitter account.
>>
>> Dotcom maintains that the Megaupload site was no more than an online 
>> storage facility, and has accused Hollywood of lobbying the US 
>> government to vilify him.
>>
>> The raid and evidence seizure has already been ruled illegal and a 
>> court has ruled that Dotcom should be allowed to see the evidence on 
>> which the extradition hearing will be based.
>>
>> US authorities have appealed against that ruling, and a decision is 
>> pending.
>>
>>
>
>
>
>





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