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	<title>Comments on: Dotcom Given Green Light to Sue Kiwi Spies, But Evidence to be Withheld</title>
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	<description>Breaking File-sharing, Copyright and Privacy News</description>
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		<title>By: icec0ld</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1049138</link>
		<dc:creator><![CDATA[icec0ld]]></dc:creator>
		<pubDate>Wed, 20 Mar 2013 09:04:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1049138</guid>
		<description><![CDATA[Post was made 11 days ago. Who needs to grow up again now?

Hardly invalidates any argument set forth. The poster replied to is an idiot, calling a clearly NZ government run organization  an arm of the US (as per labeled in the motherfucking headline) with no grasp of the context beyond what he can twist to his perverse view  If you think it&#039;s defensible I suggest you put into words what you disagree with so I can tear it apart :)]]></description>
		<content:encoded><![CDATA[<p>Post was made 11 days ago. Who needs to grow up again now?</p>
<p>Hardly invalidates any argument set forth. The poster replied to is an idiot, calling a clearly NZ government run organization  an arm of the US (as per labeled in the motherfucking headline) with no grasp of the context beyond what he can twist to his perverse view  If you think it&#8217;s defensible I suggest you put into words what you disagree with so I can tear it apart :)</p>
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		<title>By: Zebra52</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1048817</link>
		<dc:creator><![CDATA[Zebra52]]></dc:creator>
		<pubDate>Tue, 19 Mar 2013 18:40:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1048817</guid>
		<description><![CDATA[You lost your point with your childish name calling.  Grow up.]]></description>
		<content:encoded><![CDATA[<p>You lost your point with your childish name calling.  Grow up.</p>
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		<title>By: Kim “Billy Big Steps” Dotcom Still Causing Headaches For Spy Agency &#124; Best Seedbox</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1048592</link>
		<dc:creator><![CDATA[Kim “Billy Big Steps” Dotcom Still Causing Headaches For Spy Agency &#124; Best Seedbox]]></dc:creator>
		<pubDate>Tue, 19 Mar 2013 13:23:11 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1048592</guid>
		<description><![CDATA[[...] have New Zealand residency which rendered the surveillance illegal. Last month a High Court judge gave Dotcom permission to sue the government for damages over the [...]]]></description>
		<content:encoded><![CDATA[<p>[...] have New Zealand residency which rendered the surveillance illegal. Last month a High Court judge gave Dotcom permission to sue the government for damages over the [...]</p>
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		<title>By: icec0ld</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1044883</link>
		<dc:creator><![CDATA[icec0ld]]></dc:creator>
		<pubDate>Sat, 09 Mar 2013 03:21:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1044883</guid>
		<description><![CDATA[&quot;Further, what is unlawful in one country may not be so in another. For spying, the US (as a sovereign nation) isn&#039;t bound by NZ&#039;s local laws in this regard. What might not be permissible in the NZ courts for criminal action in NZ may be perfectly fine in the US courts.&quot;

This was not a US run spying agency dumb dumb. I&#039;m sorry to be blunt but you are clearly not well read enough to speak on this.

&quot;If NZ fails to follow through on the extradition, you can bet that they will find themselves facing a lot of pressure from the US (and many other countries) in the future, including perhaps having other treaties removed or declined if the US feels they have been disrespected.&quot;

Watch NZ care? Most of NZs trading is with China and it&#039;s related eastern markets and has existing treaties and agreements with the US. 

To decline mutual trade agreements and treaties over the refusal to extradite an innocent man, the US would likely end up looking like (even more of) a bully. Besides, at this stage, it&#039;s the US that&#039;s begging for trade, not NZ

&quot;I suspect what may come in the long run is that Kim&#039;s resident status gets revoked at some point, he gets booted out of the country, and the whole process starts again in the next place he tries to hide&quot;

Keep dreaming. Residency in NZ can only be revoked on existing convictions, not impending ones and is extremely  extremely unlikely and unusual. 

This whole incident has been a giant embarrassment for NZ government. It would be political suicide at this stage to call for the deporting of Kim now. No one in NZ would support or propose such idiocy.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Further, what is unlawful in one country may not be so in another. For spying, the US (as a sovereign nation) isn&#8217;t bound by NZ&#8217;s local laws in this regard. What might not be permissible in the NZ courts for criminal action in NZ may be perfectly fine in the US courts.&#8221;</p>
<p>This was not a US run spying agency dumb dumb. I&#8217;m sorry to be blunt but you are clearly not well read enough to speak on this.</p>
<p>&#8220;If NZ fails to follow through on the extradition, you can bet that they will find themselves facing a lot of pressure from the US (and many other countries) in the future, including perhaps having other treaties removed or declined if the US feels they have been disrespected.&#8221;</p>
<p>Watch NZ care? Most of NZs trading is with China and it&#8217;s related eastern markets and has existing treaties and agreements with the US. </p>
<p>To decline mutual trade agreements and treaties over the refusal to extradite an innocent man, the US would likely end up looking like (even more of) a bully. Besides, at this stage, it&#8217;s the US that&#8217;s begging for trade, not NZ</p>
<p>&#8220;I suspect what may come in the long run is that Kim&#8217;s resident status gets revoked at some point, he gets booted out of the country, and the whole process starts again in the next place he tries to hide&#8221;</p>
<p>Keep dreaming. Residency in NZ can only be revoked on existing convictions, not impending ones and is extremely  extremely unlikely and unusual. </p>
<p>This whole incident has been a giant embarrassment for NZ government. It would be political suicide at this stage to call for the deporting of Kim now. No one in NZ would support or propose such idiocy.</p>
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		<title>By: icec0ld</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1044877</link>
		<dc:creator><![CDATA[icec0ld]]></dc:creator>
		<pubDate>Sat, 09 Mar 2013 03:03:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1044877</guid>
		<description><![CDATA[&quot;The &quot;fruit of the poisonous tree&quot; may only apply to the actions of US authorities in the US, and may not extend to actions of other law enforcement officials in other places. Further, that is still not a reason for NZ to deny extradition, as the question of excluding evidence in the US court is part of the US process that will happen if and when Kim is in the US in front of the courts, and not before. What the NZ police did or did not do may not be relevant in the US court, as it is third party sourced information. It&#039;s nowhere near as simple as you try to make it sound. Kim tried to hide his apparently criminal enterprise by playing between jurisdictions, and now it looks like it is going to bite him in his (large) ass.&quot;



If the US with US issued warrants executed arrests and raids overseas, since the paper work for legality is in the US, I&#039;d say that &quot;fruit of the poisonous tree&quot; applies.


Regardless, if the US wants to enforce it&#039;s laws outside it&#039;s jurisdiction it is expected that they&#039;d have follow their own rules, not that I expect them to any way.

&quot;yes, the the superior court in NZ ruled that this is NOT going to happen, and is not required for an extradition case. It&#039;s a huge loss (and a failure) for Kim, as it pretty much kills all of his objections to the extradition. The judgement says that a basic presentation is all that will be required, not a full disclosure of evidence and all of the arguments that you know would come about admissibility - again which is not relevant to the NZ court.&quot;

That is not what has happened.

Evidence has still been taken without court approval and the extradition court is still going to require that it see the evidence before the extradition happens. This evidence won&#039;t be disclosed to Kim though.

Lastly, the extradition is unlikely to go ahead. The USA has still not satisfied the biggest requirement to actually bring someone to court, let alone drag them overseas. They still haven&#039;t served Kim or provided a valid warrant for his arrest.]]></description>
		<content:encoded><![CDATA[<p>&#8220;The &#8220;fruit of the poisonous tree&#8221; may only apply to the actions of US authorities in the US, and may not extend to actions of other law enforcement officials in other places. Further, that is still not a reason for NZ to deny extradition, as the question of excluding evidence in the US court is part of the US process that will happen if and when Kim is in the US in front of the courts, and not before. What the NZ police did or did not do may not be relevant in the US court, as it is third party sourced information. It&#8217;s nowhere near as simple as you try to make it sound. Kim tried to hide his apparently criminal enterprise by playing between jurisdictions, and now it looks like it is going to bite him in his (large) ass.&#8221;</p>
<p>If the US with US issued warrants executed arrests and raids overseas, since the paper work for legality is in the US, I&#8217;d say that &#8220;fruit of the poisonous tree&#8221; applies.</p>
<p>Regardless, if the US wants to enforce it&#8217;s laws outside it&#8217;s jurisdiction it is expected that they&#8217;d have follow their own rules, not that I expect them to any way.</p>
<p>&#8220;yes, the the superior court in NZ ruled that this is NOT going to happen, and is not required for an extradition case. It&#8217;s a huge loss (and a failure) for Kim, as it pretty much kills all of his objections to the extradition. The judgement says that a basic presentation is all that will be required, not a full disclosure of evidence and all of the arguments that you know would come about admissibility &#8211; again which is not relevant to the NZ court.&#8221;</p>
<p>That is not what has happened.</p>
<p>Evidence has still been taken without court approval and the extradition court is still going to require that it see the evidence before the extradition happens. This evidence won&#8217;t be disclosed to Kim though.</p>
<p>Lastly, the extradition is unlikely to go ahead. The USA has still not satisfied the biggest requirement to actually bring someone to court, let alone drag them overseas. They still haven&#8217;t served Kim or provided a valid warrant for his arrest.</p>
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		<title>By: bobmail</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1044872</link>
		<dc:creator><![CDATA[bobmail]]></dc:creator>
		<pubDate>Sat, 09 Mar 2013 02:48:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1044872</guid>
		<description><![CDATA[Call the pirate party, one of their inmates escaped.]]></description>
		<content:encoded><![CDATA[<p>Call the pirate party, one of their inmates escaped.</p>
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		<title>By: bobmail</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1044871</link>
		<dc:creator><![CDATA[bobmail]]></dc:creator>
		<pubDate>Sat, 09 Mar 2013 02:47:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1044871</guid>
		<description><![CDATA[Further, what is unlawful in one country may not be so in another.  For spying, the US (as a sovereign nation) isn&#039;t bound by NZ&#039;s local laws in this regard.  What might not be permissible in the NZ courts for criminal action in NZ may be perfectly fine in the US courts.


If NZ fails to follow through on the extradition, you can bet that they will find themselves facing a lot of pressure from the US (and many other countries) in the future, including perhaps having other treaties removed or declined if the US feels they have been disrespected. 


I don&#039;t think that NZ would want to get into that, and any decline of an extradition request would likely follow all the way up the NZ court system.  The chance that Kim isn&#039;t extradited is very low, IMHO.  


I suspect what may come in the long run is that Kim&#039;s resident status gets revoked at some point, he gets booted out of the country, and the whole process starts again in the next place he tries to hide.]]></description>
		<content:encoded><![CDATA[<p>Further, what is unlawful in one country may not be so in another.  For spying, the US (as a sovereign nation) isn&#8217;t bound by NZ&#8217;s local laws in this regard.  What might not be permissible in the NZ courts for criminal action in NZ may be perfectly fine in the US courts.</p>
<p>If NZ fails to follow through on the extradition, you can bet that they will find themselves facing a lot of pressure from the US (and many other countries) in the future, including perhaps having other treaties removed or declined if the US feels they have been disrespected. </p>
<p>I don&#8217;t think that NZ would want to get into that, and any decline of an extradition request would likely follow all the way up the NZ court system.  The chance that Kim isn&#8217;t extradited is very low, IMHO.  </p>
<p>I suspect what may come in the long run is that Kim&#8217;s resident status gets revoked at some point, he gets booted out of the country, and the whole process starts again in the next place he tries to hide.</p>
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		<title>By: bobmail</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1044869</link>
		<dc:creator><![CDATA[bobmail]]></dc:creator>
		<pubDate>Sat, 09 Mar 2013 02:42:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1044869</guid>
		<description><![CDATA[As mentioned, the problem is that for purposes of extradition, there is no real decision as to the admissibility of evidence, that is something that is argued at a preliminary hearing in the US, and not in the extradition court in NZ.   The Superior Court in NZ has pretty much ruled that provided the US can show that they have a case, one that is answerable in a US court, then the requirements for extradition will be met.  The NZ court doesn&#039;t get to try to the case, they don&#039;t get to decide if the evidence is valid or not, they just get to say &quot;yes, there is a case, this person would be arrested the moment they reach the US, and yes, the charges are significant enough to meet up with our treaty obligations&quot;.


What happens in the US is AFTER all of that, not now.  Kim&#039;s defense against extradition has been to try to get the case and all of the evidence tried in NZ, and that is just not going to happen any longer.]]></description>
		<content:encoded><![CDATA[<p>As mentioned, the problem is that for purposes of extradition, there is no real decision as to the admissibility of evidence, that is something that is argued at a preliminary hearing in the US, and not in the extradition court in NZ.   The Superior Court in NZ has pretty much ruled that provided the US can show that they have a case, one that is answerable in a US court, then the requirements for extradition will be met.  The NZ court doesn&#8217;t get to try to the case, they don&#8217;t get to decide if the evidence is valid or not, they just get to say &#8220;yes, there is a case, this person would be arrested the moment they reach the US, and yes, the charges are significant enough to meet up with our treaty obligations&#8221;.</p>
<p>What happens in the US is AFTER all of that, not now.  Kim&#8217;s defense against extradition has been to try to get the case and all of the evidence tried in NZ, and that is just not going to happen any longer.</p>
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		<title>By: bobmail</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1044868</link>
		<dc:creator><![CDATA[bobmail]]></dc:creator>
		<pubDate>Sat, 09 Mar 2013 02:39:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1044868</guid>
		<description><![CDATA[&quot;The extradition court itself has demanded to see the full disclosure of evidence&quot;


yes, the the superior court in NZ ruled that this is NOT going to happen, and is not required for an extradition case.  It&#039;s a huge loss (and a failure) for Kim, as it pretty much kills all of his objections to the extradition.  The judgement says that a basic presentation is all that will be required, not a full disclosure of evidence and all of the arguments that you know would come about admissibility - again which is not relevant to the NZ court.


The &quot;fruit of the poisonous tree&quot; may only apply to the actions of US authorities in the US, and may not extend to actions of other law enforcement officials in other places.   Further, that is still not a reason for NZ to deny extradition, as the question of excluding evidence in the US court is part of the US process that will happen if and when Kim is in the US in front of the courts, and not before.  What the NZ police did or did not do may not be relevant in the US court, as it is third party sourced information.  It&#039;s nowhere near as simple as you try to make it sound.  Kim tried to hide his apparently criminal enterprise by playing between jurisdictions, and now it looks like it is going to bite him in his (large) ass.


The ruling by the superior court was a significant blow against Fat Kim and his attempt to get the case tried in NZ, and unless the Supreme Court agrees to hear his arguments (not a given at all), then he will face an extradition hearing with the rules as set now.]]></description>
		<content:encoded><![CDATA[<p>&#8220;The extradition court itself has demanded to see the full disclosure of evidence&#8221;</p>
<p>yes, the the superior court in NZ ruled that this is NOT going to happen, and is not required for an extradition case.  It&#8217;s a huge loss (and a failure) for Kim, as it pretty much kills all of his objections to the extradition.  The judgement says that a basic presentation is all that will be required, not a full disclosure of evidence and all of the arguments that you know would come about admissibility &#8211; again which is not relevant to the NZ court.</p>
<p>The &#8220;fruit of the poisonous tree&#8221; may only apply to the actions of US authorities in the US, and may not extend to actions of other law enforcement officials in other places.   Further, that is still not a reason for NZ to deny extradition, as the question of excluding evidence in the US court is part of the US process that will happen if and when Kim is in the US in front of the courts, and not before.  What the NZ police did or did not do may not be relevant in the US court, as it is third party sourced information.  It&#8217;s nowhere near as simple as you try to make it sound.  Kim tried to hide his apparently criminal enterprise by playing between jurisdictions, and now it looks like it is going to bite him in his (large) ass.</p>
<p>The ruling by the superior court was a significant blow against Fat Kim and his attempt to get the case tried in NZ, and unless the Supreme Court agrees to hear his arguments (not a given at all), then he will face an extradition hearing with the rules as set now.</p>
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		<title>By: James H. Hoffman</title>
		<link>/dotcom-given-green-light-to-sue-kiwi-spies-but-evidence-to-be-withheld-130307/#comment-1044717</link>
		<dc:creator><![CDATA[James H. Hoffman]]></dc:creator>
		<pubDate>Fri, 08 Mar 2013 16:41:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=66077#comment-1044717</guid>
		<description><![CDATA[fbi need to stay on u.s. soil.]]></description>
		<content:encoded><![CDATA[<p>fbi need to stay on u.s. soil.</p>
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