Update on Kim Dotcom Extradition

Kim Dotcom crowdThere’s been two significant developments this week in the ongoing effort to extradite Kim Dotcom (the CEO of the now-defunct Megaupload) from New Zealand to the United States to face criminal charges of copyright infringement. I’ve been following the proceedings since co-authoring Criminal Copyright Enforcement Against Filesharing Services, 15 North Carolina Journal of Law and Technology 101 (2013).

First, there is a development in regard to fallout from the January 2012 raid on Dotcom’s mansion conducted by New Zealand police, at the request of U.S. authorities.  Dotcom audaciously mocked the raid at the launch event for his new service “Mega” in January 2013 by staging “a raid re-enactment complete with helicopters marked ‘FBI,’ and dancing girls clad in military-style dress (but with miniskirts).”

Meanwhile, Dotcom has challenged the search warrant underlying the raid in New Zealand courts. This had some success. First, the Prime Minister apologized to Dotcom for the government spying on him. Then, in November 2013, a New Zealand High Court Judge ruled that the search warrants used in the raid were not proper because they were just “general warrants” and thus “did not adequately describe the offences to which they related.”

This week, however, Dotcom has faced a set back. On February 19, an appellate court issued a decision disagreeing with the High Court Judge’s analysis and concluding that the warrants were valid. You can read the appellate decision here.  Dotcom has vowed on Twitter to appeal to the New Zealand Supreme Court. But as noted by the Independent, “[t]he decision will benefit US prosecutors who say the Megaupload website has cost film studios and record companies more than $500 million (£300 million) and generated more than $175 million in criminal proceeds by letting users store and share copyrighted material, such as movies and TV shows.”

Second, the extradition hearing for Dotcom that was scheduled for April 2014 was delayed on February 25, with a new date yet to be set. It’s already been delayed before. The delay is probably meant to allow time for the proceedings about the search warrant to resolve. But Dotcom, in his standard provocative manner, has”accuse[d] the New Zealand government of interfering in the judicial process, to delay the hearings until after the country’s election, due in either October or November,” according to The Register.

Third, as a bonus, Dotcom gave an interview this week to Complex Tech in which he mouths off about the charges against him. He complains that Google has had many more takedown requests related to pirated links than Megaupload ever had, but yet is still in business. Of course, as my paper explains, Megaupload’s real problem wasn’t the number of takedown requests it received, it’s that prosecutors allege that the company either ignored those requests or helped facilitate the re-posting of pirated material.

Finally, Dotcom also mentions in the interview some sort of tripped-out new file service “called Meganet, which is basically kind of like a fluid ocean of data where whatever glass of water you dump into it you can never extract from it anymore, and you kind of just meet the water in the ocean somewhere.” We’ll see where that goes.

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