Yes, Making a Tort a Criminal Matter is Stupid

I can think of no better example how how our relentless criminalization of our IP laws creating an environment where prosecutors and IP holders run roughshod over our rights and the presumption of innocence than the current clusterf%$# that is the Kim Dotcom persecution:

Officials in New Zealand’s government apparently believed the law gave them the right to spy on MegaUpload founder Kim DotCom because he was a foreign national.

They were wrong.

In New Zealand today, Prime Minister John Key apologized to DotCom for the spying conducted against him by the Government Communications Security Bureau (GCSB).

The United States has accused DotCom of criminal copyright violations. In January, New Zealand police raided his home and arrested him. Just ahead of the raid, the GCSB began collecting intelligence against DotCom to see if he posed any danger to the police who would later swoop in by helicopter to arrest him.

[It] Turns out that the GCSB isn’t allowed to conduct such surveillance on New Zealand citizens, and the agency was under the false impression that DotCom, who was born in Germany, was not yet a citizen.

This meant that the spying was unlawful.

If you don’t think that they were breaking the law knowingly at the explicit request of the FBI, I have a bridge in Brooklyn to sell you.

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