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Judge rules that Megaupload raid was unlawful

Warrants were too general
Thu Jun 28 2012, 09:50
Kim Dotcom Megaupload

A NEW ZEALAND JUDGE has ruled that the warrants served to raid Megaupload were too general and should not have been issued.

"They were general warrants, and as such, are invalid," said Justice Helen Winkelmann.

The news was confirmed by Ira Rothken, a lawyer working on the case. "The NZ High Court found that the search warrants of @KimDotcom were invalid, the search/seizure was illegal, & US HD removal from NZ illegal", he said.

The latter part of his tweet relates to the fact that the US took Megaupload server data out of the country and off to America. This, ruled the judge, was also unlawful and should never have happened.

"The release of cloned hard drives to the FBI for shipping to the United States was contrary to the February 16 direction under section 49 (2) of the MACMA [Mutual Assistance in Criminal Matters Act] that the items seized were to remain in custody and control of the commissioner of police," she said, according to a number of reports including one at Torrentfreak.

Megaupload was raided and shut down at the start of this year. Since then the data taken has been rather in limbo, despite much of it belonging to legitimate users.

Lawyers working for Kim Dotcom and Megaupload want the data preserved and the case dismissed. It looks like the tide is finally turning in their favour. µ

 

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