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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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I'm not surprised | 105 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Dotcom searches illegal: Judge
Authored by: Anonymous on Thursday, June 28 2012 @ 02:50 AM EDT
Here is the interesting thing. The way New Zealand law treats tainted evidence
of this kind is a lot less draconian than the way US law typically does. In NZ
the evidence so obtained MAY be used in some circumstances if the interest of
justice compels it. Hence the New Zealand court proposes to look through the
evidence to see if any of it fits this definition.

I understand that in the US any use at all of the "fruit of a poisoned
tree" is pretty much out. So what effect on the US case will the fact that
the evidence was obtained by the use of illegal (under New Zealand law) search
warrants have? Will this evidence be excluded altogether or will the US court
follow the NZ process of sifting through the evidence and excluding all but the
most serious stuff.

The NZ court has also ordered NZ authorities to request that the FBI return all
evidence illegally taken out of New Zealand in explicit contravention of a court
order. So what do you reckon the chances are that the Feds will comply with this
request? If they give the NZ court the finger and keep the illegally obtained
evidence, this isn't going to help them make their case that the US court system
will give justice to Mr Dotcom.

There are some fascinating issues shaping up in this case.

[ Reply to This | Parent | # ]

Wozniak supports Megaupload
Authored by: Anonymous on Thursday, June 28 2012 @ 02:56 AM EDT
Steve Wozniak has today spoken out against the US government's handling of the
Megaupload case, specifically its freezing of user accounts and attempts to
extradite MegaUpload founder Kim Dotcom from New Zealand.

Wozniak says that plenty of people used Megaupload for legitimate purposes, and
closing the site was not the right action to take. "You don't just shut
down the whole street because somebody is speeding".

http://www.theverge.com/2012/6/27/3120355/steve-wozniak-net-neutrality-megauploa
d-support

[ Reply to This | Parent | # ]

I'm not surprised
Authored by: Anonymous on Thursday, June 28 2012 @ 06:10 PM EDT

If you compare this with SOPA, DMCA, ACTA, TPP, etc. the American
Government appears to be working for certain large corporations, and not
the people.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

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