7 ms·

Megaupload Founder Kim Dotcom Released From Prison

102 points by cleverjake 15y ago

chimeracoder 15y ago
Restricting access to the Internet? I agree with the defense - in this day and age, that's absolutely ludicrous.
- sek 15y ago
  This reminds me of the first hacker suits, they were so scared of them, they thought they could launch an atomic bomb over the phone.
  - modev 15y ago
    A lot of people still think the same way...
    - beedogs 15y ago
      This is one of the many problems inherent in allowing geriatric people to create and enforce modern tech policy.
      - ordinary 15y ago
        No, this is one of the many problems inherent in allowing incompetent people to create and enforce modern tech policy.
      - bwarp 15y ago
        Don't forget rednecks!
  - shalmanese 15y ago
    "Mitnick served five years in prison — four and a half years pre-trial and eight months in solitary confinement — because, according to Mitnick, law enforcement officials convinced a judge that he had the ability to "start a nuclear war by whistling into a pay phone".[12] He was released on January 21, 2000. During his supervised release, which ended on January 21, 2003, he was initially forbidden to use any communications technology other than a landline telephone. Mitnick fought this decision in court, eventually winning a ruling in his favor, allowing him to access the Internet." http://en.wikipedia.org/wiki/Kevin_Mitnick http://en.wikipedia.org/wiki/Kevin_Mitnick
    - firefoxman1 15y ago
      I don't know if it's an urban legend or not, but I heard that they put a special cover on the light in his retaining cell because they were afraid he would find some way to "hack" his way out with the wires.
      - nitrogen 15y ago
        That would be an entertaining plot device in a spy movie: spy gets captured, finds that power fluctuations occasionally flip a bit in the memory of the security system, uses the light in his/her cell to flip all the bits corresponding to the door locks...
        boredguy8 15y ago
        Real hackers use butterflies: http://imgs.xkcd.com/comics/real_programmers.png http://imgs.xkcd.com/comics/real_programmers.png
- polemic 15y ago
  Why "in this day and age", exactly? Conditions of bail are to protect the public and prevent the actions of the accused jeopardizing the case. He is accused of running massive piracy operation remotely via the internet - naturally the conditions of bail should preclude him continuing to commit the offence. You can't, after all, set the bail condition of "don't continue committing the crime for which you are accused". Also, would everyone please remember this is a New Zealand court, where things tend to move a little swifter (and, dare I say it, a little saner) than the US justice system.
deleted 15y ago
[deleted]
jrockway 15y ago
And the US government's attempt to intimidate a foreign national in the name of piracy fails again. Maybe they'll eventually get the idea and stop worrying about file sharing and start spending money on schools again.
- pyre 15y ago
  He's still facing extradition. He just gets the be under what amounts to 'house arrest' during the hearings.
revelation 15y ago
What kind of insane argument is that. You can't just start a new MegaUpload and have the big crime profits flow in instantaneously. It takes time to build a new user (and data) base.
- sek 15y ago
  I wonder how they shut it down in the first place. They obviously can take the .com domain, but MU should have been online on a different domain on the same day. They were not prepared i assume, what is an argument against then doing something really illegal.
  - Joakal 15y ago
    They're a centralised company, not a de-centralised group of people all over the world like The Pirate Bay among others.
Joakal 15y ago
The judge violated human right of Internet access. Regardless, they should be disbarred and mistrial called until a replacement judge with technical competence to preside can be found. You'll understand that this right is inalienable if you can't pay your bills online, transfer money, etc. In fact, in article, he can't even communicate with his team overseas. The order only serves to punish and discourage honest people from society due to the unenforceable nature of it. Despicable judge.
- dot 15y ago
  internet access is not a human right. the crimes this guy is on trial for mostly took place on the internet... he can talk to his lawyers on the phone. he should be happy to be out of jail and go enjoy the outdoors!
  - Joakal 15y ago
    So how is he going to pay online-only bills? Are the courts going to give him taxpayer money for late fees? Or it's his own fault for not predicting his arrest? Can he read about politics as part of his duty as a voter? Due to Internet as a medium for accessing news, he's further restricted on being an informed voter. How is he meant to send material to his lawyers? "Mail it" So instead of sending it virtually for free, he has to print it out, determine postage, go find a postal office and then ship it. Vice versa to receive it but it takes time. Not to mention the massive phone bill because VOIP is INTERNET. How is he going to be monitored from accessing Internet that's everywhere? Anti-Satellite jammers? Anti-Wifi jammers? How is it possible to prevent him from giving the password to someone to start a megaupload website? Better prevent phones, mail, etc, in that case. Since I know he's technically proficient, he's probably using the Internet as we speak. So this order only serves to pad the ego of the prosecution team, show incompetence of judge and punish honest people for being honest.
    - tzs 15y ago
      How did he pay his bills, etc., when he was in jail? I think you might be overlooking that he's merely out on bail. That means he is still charged with the crimes he was arrested for. The court has decided that he is not a flight risk and so they are going to let him stay out until his trial rather than housing him in jail, but it is quite common for courts to place restrictions on the person as a condition of offering them bail.
lawnchair_larry 15y ago
What I found most interesting was that the judge said they found no financial means for him to be a flight risk, just empty bank accounts.
- lwat 15y ago
  He probably has a pile of cash stored somewhere
rms 15y ago
Odds that he will make it to the safe harbor of Germany?
- gst 15y ago
  I don't think he even needs to make it to Germany. In theory it should be sufficient if he boards a ship sailing under the German flag that is located on international waters.
- rd108 15y ago
  Curious- why is Germany a safe harbor for DotCom?
  - rms 15y ago
    I don't know the details, just from mentions of it on places like http://www.guardian.co.uk/technology/2012/feb/03/kim-dotcom-bail-new-zealand http://www.guardian.co.uk/technology/2012/feb/03/kim-dotcom-....
  - rangibaby 15y ago
    IANAL but this is the text of the US-Germany extradition treaty. It seems to say that neither country has an obligation to extradite their own citizens. "The article thus takes into account the law of the FRG prohibiting the extradition of its nationals but allowing for their prosecution in the FRG." Article 7 EXTRADITION OF NATIONALS (1) Neither of the Contracting Parties shall be bound to extradite its own nationals. The competent executive authority of the Requested State, however, shall have the power to grant the extradition of its own nationals if, in its discretion, this is deemed proper to do and provided the law of the Requested State does not so preclude. (2) The Requested State shall undertake all available legal measures to suspend naturalization proceedings in respect of the person sought until a decision on the request for his extradition and, if that request is granted, until his surrender. (3) If the Requested State does not extradite its own national, it shall, at the request of the Requesting State, submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. If the Requested State requires additional documents or evidence, such documents or evidence shall be submitted without charge to that State. The Requesting State shall be informed of the result of its request.
trotsky 15y ago
Wouldn't any traditional outlet use the phrase "released on bail" or similar? Released from prison is typically only used after a sentence has been served or overturned.
NegativeOne 15y ago
Here's hoping he stashed some cash and can make a clean getaway. 50 years is what they want to charge him with for copyright infringement, ludicrous. Rapists get a fraction of the time.
- getsat 15y ago
  Rapists don't hurt (allegedly potential) corporate profits.
- deleted 15y ago
  [deleted]
jakeonthemove 15y ago
And now he's in for a long, slow battle with an unforgiving, bloated system that will try to boil him alive. Man, seriously, having to spend years in legal battles with restrictions placed on what you can do is probably worse than immediate imprisonment... And no Internet? Just shoot me, please...
joezhou 15y ago
The guy's name is Dotcom... O WOW
guynamedloren 15y ago
I wonder how they'd stop a helicopter from landing in his yard. Even if the place is locked down with police/surveillance, what are they going to do when they see that helicopter - shoot the damn thing down? If this guy wants to flee, he'll make it happen one way or another.
- polemic 15y ago
  A helicopter from New Zealand to...?
  - geoffw8 15y ago
    Probably somewhere in New Zealand where he can get in a plane/car/jet...
  - terhechte 15y ago
    Germany. It has an extradition law but not for it's own citizens. Thus Kim would face jurisdiction in Germany, but under their law. And in contrast to the US, it would far less worse. Maybe two years in jail, or even just a fine.
    - polemic 15y ago
      You guys know where New Zealand is, right? You're going to need something to fly you over about 2000km of water - which gets you to Australia, which is the last place you want to be if you're fighting extradition to the US. http://maps.google.co.nz/?ll=-43.197167,-177.539062&spn=98.309359,158.027344&t=m&z=3 http://maps.google.co.nz/?ll=-43.197167,-177.539062&spn=...
Pelayo 15y ago
"Dotcom had been held in custody since an anti-terrorist police squad raided his Coatesville mansion last month..." Doesn't anyone find it odd that the entertainment industry can manipulate governments into sending these specialized teams (anti-terrorist in New Zealand, SWAT in the US)? What are they telling these people? Are you telling me that if the police had sent over one or two squad cars with a couple of cops that Dotcom would have escaped? How much does an operation like this cost? I can't believe it's that cheap.

102 points by cleverjake 15y ago

chimeracoder 15y ago

Restricting access to the Internet? I agree with the defense - in this day and age, that's absolutely ludicrous.

sek 15y ago
This reminds me of the first hacker suits, they were so scared of them, they thought they could launch an atomic bomb over the phone.
- modev 15y ago
  A lot of people still think the same way...
  - beedogs 15y ago
    This is one of the many problems inherent in allowing geriatric people to create and enforce modern tech policy.
    - ordinary 15y ago
      No, this is one of the many problems inherent in allowing incompetent people to create and enforce modern tech policy.
    - bwarp 15y ago
      Don't forget rednecks!
- shalmanese 15y ago
  "Mitnick served five years in prison — four and a half years pre-trial and eight months in solitary confinement — because, according to Mitnick, law enforcement officials convinced a judge that he had the ability to "start a nuclear war by whistling into a pay phone".[12] He was released on January 21, 2000. During his supervised release, which ended on January 21, 2003, he was initially forbidden to use any communications technology other than a landline telephone. Mitnick fought this decision in court, eventually winning a ruling in his favor, allowing him to access the Internet." http://en.wikipedia.org/wiki/Kevin_Mitnick http://en.wikipedia.org/wiki/Kevin_Mitnick
  - firefoxman1 15y ago
    I don't know if it's an urban legend or not, but I heard that they put a special cover on the light in his retaining cell because they were afraid he would find some way to "hack" his way out with the wires.
    - nitrogen 15y ago
      That would be an entertaining plot device in a spy movie: spy gets captured, finds that power fluctuations occasionally flip a bit in the memory of the security system, uses the light in his/her cell to flip all the bits corresponding to the door locks...
      - boredguy8 15y ago
        Real hackers use butterflies: http://imgs.xkcd.com/comics/real_programmers.png http://imgs.xkcd.com/comics/real_programmers.png
polemic 15y ago
Why "in this day and age", exactly? Conditions of bail are to protect the public and prevent the actions of the accused jeopardizing the case. He is accused of running massive piracy operation remotely via the internet - naturally the conditions of bail should preclude him continuing to commit the offence. You can't, after all, set the bail condition of "don't continue committing the crime for which you are accused". Also, would everyone please remember this is a New Zealand court, where things tend to move a little swifter (and, dare I say it, a little saner) than the US justice system.

deleted 15y ago

[deleted]

jrockway 15y ago

And the US government's attempt to intimidate a foreign national in the name of piracy fails again. Maybe they'll eventually get the idea and stop worrying about file sharing and start spending money on schools again.

pyre 15y ago
He's still facing extradition. He just gets the be under what amounts to 'house arrest' during the hearings.

revelation 15y ago

What kind of insane argument is that. You can't just start a new MegaUpload and have the big crime profits flow in instantaneously. It takes time to build a new user (and data) base.

sek 15y ago
I wonder how they shut it down in the first place. They obviously can take the .com domain, but MU should have been online on a different domain on the same day. They were not prepared i assume, what is an argument against then doing something really illegal.
- Joakal 15y ago
  They're a centralised company, not a de-centralised group of people all over the world like The Pirate Bay among others.

Joakal 15y ago

The judge violated human right of Internet access. Regardless, they should be disbarred and mistrial called until a replacement judge with technical competence to preside can be found. You'll understand that this right is inalienable if you can't pay your bills online, transfer money, etc. In fact, in article, he can't even communicate with his team overseas. The order only serves to punish and discourage honest people from society due to the unenforceable nature of it. Despicable judge.

dot 15y ago
internet access is not a human right. the crimes this guy is on trial for mostly took place on the internet... he can talk to his lawyers on the phone. he should be happy to be out of jail and go enjoy the outdoors!
- Joakal 15y ago
  So how is he going to pay online-only bills? Are the courts going to give him taxpayer money for late fees? Or it's his own fault for not predicting his arrest? Can he read about politics as part of his duty as a voter? Due to Internet as a medium for accessing news, he's further restricted on being an informed voter. How is he meant to send material to his lawyers? "Mail it" So instead of sending it virtually for free, he has to print it out, determine postage, go find a postal office and then ship it. Vice versa to receive it but it takes time. Not to mention the massive phone bill because VOIP is INTERNET. How is he going to be monitored from accessing Internet that's everywhere? Anti-Satellite jammers? Anti-Wifi jammers? How is it possible to prevent him from giving the password to someone to start a megaupload website? Better prevent phones, mail, etc, in that case. Since I know he's technically proficient, he's probably using the Internet as we speak. So this order only serves to pad the ego of the prosecution team, show incompetence of judge and punish honest people for being honest.
  - tzs 15y ago
    How did he pay his bills, etc., when he was in jail? I think you might be overlooking that he's merely out on bail. That means he is still charged with the crimes he was arrested for. The court has decided that he is not a flight risk and so they are going to let him stay out until his trial rather than housing him in jail, but it is quite common for courts to place restrictions on the person as a condition of offering them bail.

lawnchair_larry 15y ago

What I found most interesting was that the judge said they found no financial means for him to be a flight risk, just empty bank accounts.

lwat 15y ago
He probably has a pile of cash stored somewhere

rms 15y ago

Odds that he will make it to the safe harbor of Germany?

gst 15y ago
I don't think he even needs to make it to Germany. In theory it should be sufficient if he boards a ship sailing under the German flag that is located on international waters.
rd108 15y ago
Curious- why is Germany a safe harbor for DotCom?
- rms 15y ago
  I don't know the details, just from mentions of it on places like http://www.guardian.co.uk/technology/2012/feb/03/kim-dotcom-bail-new-zealand http://www.guardian.co.uk/technology/2012/feb/03/kim-dotcom-....
- rangibaby 15y ago
  IANAL but this is the text of the US-Germany extradition treaty. It seems to say that neither country has an obligation to extradite their own citizens. "The article thus takes into account the law of the FRG prohibiting the extradition of its nationals but allowing for their prosecution in the FRG." Article 7 EXTRADITION OF NATIONALS (1) Neither of the Contracting Parties shall be bound to extradite its own nationals. The competent executive authority of the Requested State, however, shall have the power to grant the extradition of its own nationals if, in its discretion, this is deemed proper to do and provided the law of the Requested State does not so preclude. (2) The Requested State shall undertake all available legal measures to suspend naturalization proceedings in respect of the person sought until a decision on the request for his extradition and, if that request is granted, until his surrender. (3) If the Requested State does not extradite its own national, it shall, at the request of the Requesting State, submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. If the Requested State requires additional documents or evidence, such documents or evidence shall be submitted without charge to that State. The Requesting State shall be informed of the result of its request.

trotsky 15y ago

Wouldn't any traditional outlet use the phrase "released on bail" or similar? Released from prison is typically only used after a sentence has been served or overturned.

NegativeOne 15y ago

Here's hoping he stashed some cash and can make a clean getaway. 50 years is what they want to charge him with for copyright infringement, ludicrous. Rapists get a fraction of the time.

getsat 15y ago
Rapists don't hurt (allegedly potential) corporate profits.
deleted 15y ago
[deleted]

jakeonthemove 15y ago

And now he's in for a long, slow battle with an unforgiving, bloated system that will try to boil him alive. Man, seriously, having to spend years in legal battles with restrictions placed on what you can do is probably worse than immediate imprisonment... And no Internet? Just shoot me, please...

joezhou 15y ago

The guy's name is Dotcom... O WOW

guynamedloren 15y ago

I wonder how they'd stop a helicopter from landing in his yard. Even if the place is locked down with police/surveillance, what are they going to do when they see that helicopter - shoot the damn thing down? If this guy wants to flee, he'll make it happen one way or another.

polemic 15y ago
A helicopter from New Zealand to...?
- geoffw8 15y ago
  Probably somewhere in New Zealand where he can get in a plane/car/jet...
- terhechte 15y ago
  Germany. It has an extradition law but not for it's own citizens. Thus Kim would face jurisdiction in Germany, but under their law. And in contrast to the US, it would far less worse. Maybe two years in jail, or even just a fine.
  - polemic 15y ago
    You guys know where New Zealand is, right? You're going to need something to fly you over about 2000km of water - which gets you to Australia, which is the last place you want to be if you're fighting extradition to the US. http://maps.google.co.nz/?ll=-43.197167,-177.539062&spn=98.309359,158.027344&t=m&z=3 http://maps.google.co.nz/?ll=-43.197167,-177.539062&spn=...

Pelayo 15y ago

"Dotcom had been held in custody since an anti-terrorist police squad raided his Coatesville mansion last month..." Doesn't anyone find it odd that the entertainment industry can manipulate governments into sending these specialized teams (anti-terrorist in New Zealand, SWAT in the US)? What are they telling these people? Are you telling me that if the police had sent over one or two squad cars with a couple of cops that Dotcom would have escaped? How much does an operation like this cost? I can't believe it's that cheap.