GCSB acted unlawfuly in Megaupload case

September 24th, 2012 at 1:18 pm by David Farrar

PM has announced:

Prime Minister John Key today announced he has requested an inquiry by the Inspector-General of Intelligence and Security into the circumstances of unlawful interception of communications of certain individuals by the Government Communications Security Bureau.

Mr Key says the Crown has filed a memorandum in the High Court in the Megauploadcase advising the Court and affected parties that the had acted unlawfully while assisting the Police to locate certain individuals subject to arrest warrants issued in the case. The Bureau had acquired communications in some instances without statutory authority.

After being informed about the matter by the Director of the GCSB on September 17, the Prime Minister referred the Bureau’s actions to the Inspector-General, Hon Paul Neazor. The Inspector-General is an independent statutory officer with the power to enquire into any matter related to a government intelligence agency’s compliance with the law.

Mr Key says he has also asked the Inspector-General to recommend any measures he considered necessary to prevent the issue from happening again.

Mr Key expressed his disappointment that unlawful acts had taken place.

“I expect our intelligence agencies to operate always within the law. Their operations depend on public trust.

“I look forward to the Inspector-General’s inquiry getting to the heart of what took place and what can be done about it,” says Mr Key. “Because this is also a matter for the High Court in its consideration of the litigation, I am unable to comment further.”

There have been so many stuff ups by law enforcement in this case, that once the court action is concluded it could be worth having a wider inquiry into the entire way NZ authorities deal with extradition cases such as this.

It’s good there is no attempt to hide what happened, and that there will be a formal inquiry into what the GCSB did, and who was responsible for authoring actions that they did not have authority for.

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67 Responses to “GCSB acted unlawfuly in Megaupload case”

  1. flipper (4,326 comments) says:

    Great post. Excellent comment.
    But bet penny dim, fisher of Hirrid and garner et al, think there a dastardly plot afoot!

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  2. my 2 cents (1,091 comments) says:

    no just individuals who broke the law and should be prosecuted for it publicly.

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  3. Kevin (960 comments) says:

    The whole justice system, that allows a judge to give only a 3 year sentence to someone who beat a 78 year old man to death, needs a commission of inquiry.

    The sad ass sob making problem in NZ is that if KDC was a serial rapist and murderer we would still be having this discussion.

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  4. davidp (3,585 comments) says:

    Have law enforcement gone mad? KDC likely hasn’t committed a crime under NZ law. If he has, it is a fairly minor one. But armed police raided his home with helicopters, an intelligence agency who should be concentrating on issues like terrorism has been monitoring him, and a shit load of local evidence was shipped overseas without copies being kept in NZ. If only they responded to burglaries with as much energy.

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  5. Pete George (23,793 comments) says:

    It’s becoming apparent this has all been a Megaupfuck.

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  6. flipper (4,326 comments) says:

    ” … There have been so many stuff ups by law enforcement in this case, that once the court action is concluded it could be worth having a wider inquiry into the entire way NZ authorities deal with extradition cases such as this.”

    A VERY GOOD POINT DPF!

    Come to think of it, one wonders now about the proposed action link between Police and WINZ.
    Will the Courts get accurate and legal information, before they R/stamp arrest warrant applications?

    One also wonders about Police links with other agencies..,…and their relationship with Telecom,et al

    The GCSB’s actions might just have picked the scab on a wound exposing a degree of spepsis that we thought was simply impossible in NZ.

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  7. Mark Hubbard (7 comments) says:

    There’s bigger issues for me here. I assumed GCSB’s powers were limited to issues of national security: terrorism, etc. It’s not appropriate that police – and who else, IRD? – once their privacy busting powers are exhausted, can apparently simply augment their own powers with those of the national intelligence agency.

    I’m appalled at what this signifies.

    (And I have no problem with a GCSB for national security, I’m no hippy, however, outside of that their huge powers are an abuse of the state’s powers).

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  8. Pete George (23,793 comments) says:

    There’s no need for an inquiry, David ‘no gotcha’ Shearer has already announced who is to blame for everything –

    Key must come clean on his knowledge of Dotcom.

    “This is not about national security. This is about John Key’s own word and whether he has told the truth to New Zealanders,” said David Shearer.

    Stuff the legality of what our spy agency is doing, keep the target political.

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  9. labrator (1,851 comments) says:

    @pg absolutely amazed at Shearer’s stupidity. It’s like he’s got Goff telling him what to do… Goes straight from a major press release into an attack on the PM…

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  10. Pete George (23,793 comments) says:

    And deputy too:

    Grant Robertson ‏@grantrobertson1

    John Key is either not telling truth about his knowledge of Dotcom case, or is incompetent, or has rogue agency, which shows his loose mgmt.

    Seems very rash and premature at best.

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  11. Pete George (23,793 comments) says:

    And the obvious question:

    ‏@GraemeEdgeler

    @toby_etc @felixmarwick The membership of the Intelligence & Security committee includes one @DavidShearerMP – perhaps we can ask him?

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  12. Manolo (14,159 comments) says:

    Who is the minister responsible? Ah, Neville.
    http://news.msn.co.nz/nationalnews/8537645/key-accused-of-dereliction-of-duty

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  13. flipper (4,326 comments) says:

    I find Shearer guilty of not heeding the lessons of Goff’s demise on SIS matters.

    … Chief Judge, BS & Spin, Wai-kick-a-moo-cow A & P Show, 2012.

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  14. MH (830 comments) says:

    we shouldn’t pre judge the outcome,well not until we all have received a detailed report from our beloved friends from Huawei via the US and Aussie intercepts.

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  15. Nostalgia-NZ (5,317 comments) says:

    So far, the police, the commissioner responsible for authorising the raid, Crown Law, the intelligence agency. All accidental or a display of what they anticipated they could do and not be held responsible because of thinking that KDC would not of had the resources to have the case against him tested. They took all his money remember, all his property, closed down his business, everything that would leave him without money to pay a lawyer. they did all that deliberately and broke the law.

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  16. Ed Snack (1,935 comments) says:

    Well, if the GCSB broke the law in this case, then those responsible should be singled out and prosecuted, and preferably given custodial sentences for their sins. Yeah and pigs might fly. The laws only apply to “the little people” *

    * Always includes some pretty “big” people if we’re referring to KDC !

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  17. wtfunz (133 comments) says:

    It’s great to live in a democracy isn’t it.
    Attack a person in his home using the armed offenders squad, helicopters and secret services based on nothing more than a false accusation! Ban drinking at a popular sports event because the wowsers, god botherers, police and anti-fun brigrade makes enough noise! Get pulled over at a random breath test as you are :- “GUILTY UNTIL YOU CAN PROVE YOU ARE INNOCENT”.
    Due to complacency we are gently creaping up on that police state so many desire – just like life under those crazy Muslims really.

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  18. rakuraku (162 comments) says:

    I would be interested to know what this Mega*uckup is going to cost the country.

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  19. Manolo (14,159 comments) says:

    I would be interested to know what this Mega*uckup is going to cost the country.

    Far, far less than Labour’s monumental fuck-up of buying that very expensive train set.

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  20. Mark (1,502 comments) says:

    Manolo (7,522) Says:
    September 24th, 2012 at 3:59 pm
    I would be interested to know what this Mega*uckup is going to cost the country.

    Far, far less than Labour’s monumental fuck-up of buying that very expensive train set.

    Manolo are you sure about that?

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  21. Mark (1,502 comments) says:

    This has not been a good week for National and its only Monday

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  22. Paul G. Buchanan (301 comments) says:

    As the Minister of Intelligence and Security, Mr. Key would have authorized the GCSB sigint taps on Dotcom. It would be a sad day if the Director of the GCSB–I will not say who–mislead his minister so that he could unilaterally pursue a foreign driven agenda. Given the track record of the IG role and Mr. Neazor in particular, this action is about exculpation, not explanation. And as Mr. Goff learned (athough he was proven correct), one attacks and places blame on intelligence professionals at their political peril. Unless, of course, there is an agreement about the outcome.

    This is not about the GCSB. It is about the police. The investigation will find the police liable for supplying false information on which the GCSB acted. Once that is established heads will roll. Whether it is another Neazor whitewash or not, this investigation is directed at the cop leadership, not the GCSB.

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  23. wtfunz (133 comments) says:

    Manolo,
    You forgot to mention they- Liebor, also initiated the sale of that particular “state asset”, to no noise from the left at all, for half the price they brought it back for. Another perfect example of economics 101 ala Liebor. Exactly how they run an entire economy!!!!

    KDC is still something we should be ashamed of as kiwi’s.

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  24. Kevin (960 comments) says:

    wtfunz do you mean the KDC affair hosting KDC in the first place?

    I assume the hosting issue is just the tip of an enormous iceberg of politicians sucking up to rich people. One the public rarely gets to see.

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  25. Graeme Edgeler (2,972 comments) says:

    As the Minister of Intelligence and Security, Mr. Key would have authorized the GCSB sigint taps on Dotcom. It would be a sad day if the Director of the GCSB–I will not say who–mislead his minister so that he could unilaterally pursue a foreign driven agenda.

    Paul – Have you a reason for completely excluding the possibility that someone in the GCSB acted without a warrant? Or acted beyond the scope of a lawful warrant?

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  26. Mark (1,502 comments) says:

    If the reporting on this case is correct we have an FBI accusation that Mega Upload has breached American Law and is accused of what is essentially copy write fraud.

    Fair enough, the Hollywood moguls are fairly powerful and US politicians certainly don’t want to piss them off. So this required an extradition to the US because it is not clear whether this was in fact a breach of NZ law and if it was our penalties are probably a little less punitive that America’s when it comes to this sort of thing.

    But then it all gets a little odd. Helicopters, guns, armed police to arrest someone for copy-write fraud.

    So Mega Upload is closed down and its business is fucked – lets remember this remains an allegation only – lets hope the compensation claim is not too tough – the country has quite enough debt already.

    The search and seizure turns out to be legally dubious then it seems the Courts advise the NZ police not to provide any of the seized material to the FBI – mmm does that include data thinks the police – clearly not – so they hand over the data to the FBI – figuratively extending a digital salute to the NZ courts. We then hear the warrant did not cover half the kit the police took and then to cap it off we now are told that the GCSB have been acting illegally.

    This lot is going to keep the Tui billboards going for a year or two.

    Mega fuckup is looking like a good description for this

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  27. flipper (4,326 comments) says:

    PGB… and Graeme E….

    Good points all.
    But there are a couple of other issues.

    1. Key says he did NOT know about this matter until September 17.

    2. This means eitherr that he is lying or that the GCSB undertook to “assist” Police without him signing any authorisiation.

    3. One of Dottiecom’s lawyers (Towers) said they have known about it since August – when the Crown Law Office filed a memorandum with the High Court.

    4. If that is do, and Towers has no reason to lie, then Crown Law did NOT then advise the Attorney General.

    5. If Finlayson knew, then he should go because Key says he knew nothing until Septemnber 17.

    6. If Finlayson did NOT know….well, is it young Heron’s faulty?

    Quite a birds nest, is it not?

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  28. Paul G. Buchanan (301 comments) says:

    Graeme: Srop trolling. You know the answer as well as I do.

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  29. Random Punter (78 comments) says:

    Paul G Buchanan said: Graeme: Srop trolling. You know the answer as well as I do.

    Well, I don’t. Care to enlighten me?

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  30. rakuraku (162 comments) says:

    If it smells like a rat, it probably is a rat.

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  31. Viking2 (11,661 comments) says:

    Green Party co-leader Russel Norman said a number of New Zealand agencies have ”bent over backwards” to assist the US in prosecuting Dotcom.

    “Government agencies should not, however, break New Zealand’s laws to assist another country.

    “The Kim Dotcom case doesn’t appear to constitute a threat to New Zealand’s national security, so it is hard to understand why the GCSB considered it should be involved at all”

    He called on the government to make public the investigation findings.

    Well probably for the first time ever I have to agree with Wuzzel.

    This requires much more than a quick look at the spies. There are a lot of fuzzy time lines here on who knew what and when and who authorized what and when.

    Key needs to bring in a non Kiwi hard man and get the truth out from go to wo. He won’t but that’s exactly what should happen.

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  32. Kevin (960 comments) says:

    There are two sides to the story. I have no love of hollywood trillionaires puppeteering US or NZ politicians.

    However New Zealand judges have a long history of acting contrary to the public good and manipulation on issues such as criminal law and te tiriti.

    I’m sure the anti-american elements are quite happy to use this to score kudos points with their “public”.

    So whose right and whose wrong?

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  33. KH (695 comments) says:

    Everybody stuffs up. Sooner or later and for some, often. Moi even.
    The measure is not whether there is a stuff up. But how we handle it.
    I have a big issue with the big corporates and the government departments who can not admit / conceive of a stuff up caused by them.
    In this situation I am admiring of John Key, who on the face of it, is doing it just correctly, but is also bound by other constraints. eg the current cases before the courts.
    He is saying. “There is a problem, and we are examining it closely.”
    You can’t ask for much better in my view. Congratulations to Mr Key.

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  34. Redbaiter (10,334 comments) says:

    Those who signed off on Dotcom’s arrest are all a pack of arseholes who must be unbelievably ignorant of the law and have no idea what “individual rights” might mean.

    Here they were spying illegally on this guy, and allowing a gang of armed thugs to storm private property, and steal a large quantity of privately owned items, and lock the owner in jail, and deny him his rights, in an absolutely bizarre and astonishing sequence of events, and apparently nobody in the whole justice system, from John Key down, felt the need to query the legality of these actions.

    Whereas we might have expected the FBI to commit such thuggish brutality, being trained in a country that has long forgotten it roots in liberty and that is nowadays (under Obama especially) almost a fascist dictatorship, how come not one person in the entire NZ judicial structure had the brains or the balls to say-

    “now just hold on a sec here, this guy has rights as an individual, and we can’t just storm all over him like this.”

    How come not one bureaucrat or politician or policeman voiced this opinion??

    They’re a pack of uncivilised jack booted thugs and from top to bottom they should all be fired.

    With John Key the first to go.

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  35. Kevin (960 comments) says:

    The judge was female I think – no balls.

    Red I think you are in serious need of travel – try the US and your predjudice might be in for one hell of a shock (soo would the lefties but of course they would never admit it cos macdonalds bad)

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  36. Graeme Edgeler (2,972 comments) says:

    Graeme: Srop trolling. You know the answer as well as I do.

    I’m afraid I don’t. You seem certain the PM knew, or was lied to. Without knowing anything about the case, I am very much open to the possibility that someone in the GCSB acted without telling anyone, or without telling anyone very much (or having been told: help with this here, then helped in ways beyond which the law allows.

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  37. jakejakejake (143 comments) says:

    When NZ law enforcement behave like this on a major case where they anticipate public and media scrutiny, one can only imagine how they conduct themselves out of the public eye.

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  38. Kevin (960 comments) says:

    Here they come out of the woodwork. I’m sure you could protect us much better from gangs, rapists and murderers from behind your keyboard eh?

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  39. RF (1,483 comments) says:

    Yahoo… The looney left getting their knickers in a twist and stamping their feet. JK has acted properly and promptly by calling for an inquiry. Pure sleeze from the labour party however they will be pleased as this gives them grounds for being more negative than usual.

    Not only the nasty party they are the negative party.

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  40. Nostalgia-NZ (5,317 comments) says:

    Graeme 5.16

    Any thoughts on the sequence of events as set out by flipper above? The Crown informed the High Court in August of the illegal acts, the Crown apparently did not let the minister or John Key know. By August therefore GCSB also knew the operations had been undertaken illegally. Therefore neither organisation told the Prime Minister until the following month?

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  41. RandySavage (223 comments) says:

    love you right wing muppets trying to condone this. Ever since he stopped in for that cup of tea with Banks its been transparent the man has no integrity
    watch this story unwind. theres miles in it to run yet

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  42. Redbaiter (10,334 comments) says:

    For fuck’s sake, this is not a Labour/ National issue. It goes without being said that if Labour had been in government things would not have been any different. (probably worse).

    People who continually see things through a prism of National good Labour bad need to wake up. They’re both just different parts of the make up of the same big government collectivist socialist jack booted animal.

    These event should never have occurred in a country that had any reverence for past principles of British justice.

    Governments are far too ready to thuggishly tread all over traditional rights to private property and ownership. They spy on people and they send half educated goons in in black clothing and who point guns at people and use menace and fear to enforce poorly written legislation, and as time goes by they seem to be doing this for ever weaker reasons and with an accelerating disrespect for individual rights.

    It has to stop.

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  43. MH (830 comments) says:

    But he has the same build as a Tuhoe, he and Iti should be tried together for wasting Police time,even with the fake Germaine accent. If we could do a deal with the Ecuadorians and have Dotty exchanged with Julian Assange-as if that’s his real Aussie name it could be a win win situation. Does Ecuador have a free trade agreement with US? What else would Richie be doing on his sabbatical,he’d make a great ambassadoorian.

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  44. Redbaiter (10,334 comments) says:

    It was/ is a well known fact that Megaupload had an operation that was in legal terms pretty watertight.

    Yet the NZ justice system behaved as if this guy had just robbed a bank and left a trail of dye stained dollar bills all the way to his house, giving such scant regard to the all important principle of presumption of innocence that they should all be fired for gross negligence.

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  45. Pauleastbay (5,035 comments) says:

    The PM night be head of the SIS but I doubt he signs off the interception warrants, thats done by a High Court Judge, the PM would not have the legal background to wade through the warrant application.

    I said from the get go this was a fuck up and its turned out that way, some young DI glammed out by the FBI and a couple of trips to the States. The New ZEaland Police do not need this bad press.

    And alas I have to agree with Red @ 5.50 lots of poor decisions made by those who are not elected – even I would struggle to blame labour if they were in power on this one

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  46. Nostalgia-NZ (5,317 comments) says:

    Going along your line of thought PEB, how is it that the 2 organisations didn’t report to the Minister and PM simultaneously when letting the Courts know or before?

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  47. Manolo (14,159 comments) says:

    Key will smile and wave in the hope of getting away with it.

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  48. rakuraku (162 comments) says:

    Reminds me of the Al Quaeda terrorist cell which was operating in the Ureweras. Tamati Kruger reckons Tama Iti couln’t organise a clean-up at the marae.

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  49. wtfunz (133 comments) says:

    Lots of good comments here.
    This is not about politics but about where we have allowed our policing to go. Why would any law enforcement agency in NZ think this was acceptable.
    RF – I’m not a big supporter of big fat rich Germans either but I’ll fight to the end for civil liberties being run over daily in this country. Looking at KDC case I doubt the yanks have a case to bring as he did nothing other than provide a place for other people to follow the law – or not. His terms and conditions were very clear. Quite simply the yanks, once again, screwed it up. If when setting up the laws around web sites they said “the owners are responsible for everything that goes on the site” then things may have been different. Infact the internet and therefore, the world may be different. But they didn’t.

    As concerned citizens we need to be concerned about the bullshit exhibited here.

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  50. Viking2 (11,661 comments) says:

    rakuraku (152) Says:
    September 24th, 2012 at 6:52 pm

    Reminds me of the Al Quaeda terrorist cell which was operating in the Ureweras. Tamati Kruger reckons Tama Iti couln’t organise a clean-up at the marae.

    Generally opined to be true.

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  51. publicwatchdog (3,112 comments) says:

    HOW CAN ANYONE BELIEVE A WORD SHONKY JOHN KEY SAYS?

    http://www.gcsb.govt.nz/about-us/organisation.html

    The GCSB is a Public Service Department with its Head Office in Wellington. The Director of the GCSB reports directly to the Minister responsible for the GCSB, traditionally the Prime Minister. The current Director is Ian Fletcher who was appointed in January 2012. The current Director is Ian Fletcher who was appointed in January 2012.

    The GCSB is part of New Zealand’s Intelligence and Security community. The structure of this community is further described in the paper Securing Our Nation’s Safety on the website of the Department of the Prime Minister and Cabinet.
    The GCSB Head Office is in the Pipitea House on Pipitea building in Pipitea Street, Wellington. The Bureau is divided into four functional areas:
    Foreign Intelligence;
    Information Assurance & Cyber; and
    Mission Enablement.

    The Bureau has two communications collection or interception stations: the HF radio interception and direction-finding station at Tangimoana, and the satellite communications interception station at Waihopai, near Blenheim.

    The Bureau has approximately 330 staff in a wide range of disciplines including foreign-language experts, communications and cryptography specialists through to engineers, technicians and support staff. Approximately 30% of the workforce are women.
    The Bureau’s budget is set at $56.4 million for the 2011/2012 financial year.”

    ______________________________________________________________________________________________

    Penny Bright
    ‘Anti-corruption campaigner’

    http://www.dodgyjohnhasgone.com

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  52. ricknz (16 comments) says:

    Lets not forget originally the U.S. lied to the N.Z. prosector who claimed the U.S. had no extradition agreement with Germany so Kim Dotcom was a flight risk because he could escape to Germany and the U.S. would have no way of getting him and therefor he should remain locked up until he was shipped off to the U.S.

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  53. Sofia (856 comments) says:

    Shearer said Key is responsible for signing off all intercept warrants by GSCB. ”While it’s been revealed that ‘some’ bugging was done illegally, it is not credible to think that other monitoring by the agency was not signed by the Prime Minister before the raid was carried out.”

    … And he questioned how much Key knew about the raid. Key says he first heard of Dotcom on the day before police arrested the internet millionaire at his Coatesville estate.

    Shit – surely Shearer is not saying Key is telling lies – another Dishonest John?

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  54. Kevin (960 comments) says:

    Um let’s take donations,for residency… Don’t worry no one will find out. Ooorrr remember all the righteous indignation on this blog over doongate, etc. now banks is screwed, key is compromised and they’ve surrendered the moral high ground. What a pack,of willy whackers politicians are.

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  55. Kevin (960 comments) says:

    Next we’ll be hearing key couldn’t keep his zipper done up, like Brash. Remember doug graham anyone?

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  56. Yvette (2,757 comments) says:

    Would the Ecuador Consulate, New Zealand, have the same diplomatic immunity as their Emabssy in Canberra,
    or is Kim Dotcom having enough fun outside any case?

    [actually Dotcom and Assange could do well together – Kim, Megaupload – Wikileaks, major download :-) ]

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  57. Kevin (960 comments) says:

    Interesting commentary from kiwifirst.co.nz – quite a useful site.

    “If there was a right-thinking person left who believed Queen’s Counsels were expected to be other than political shills in New Zealand who cover up judicial misconduct, last week provided the awakening.

    The Attorney General’s visceral public position on the proliferation of poor judicial decisions in NZ was equally enlightening.

    After Tony Molloy QC came out to the National Business Review criticising the poor quality of judicial decisions in New Zealand, Attorney General Chris Finlayson publicly went on a personal attack of Dr Molloy, calling his criticisms “rubbish” and “deplorable”, while demanding Molloy “consider surrendering his warrant as a Queen’s Counsel” as a result and absurdly comparing New Zealand’s most senior Queen’s Counsel to a “vexatious lay litigant”. “

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  58. Graeme Edgeler (2,972 comments) says:

    The Crown informed the High Court in August of the illegal acts, the Crown apparently did not let the minister or John Key know.

    I’m not sure whether I accept the premise. When you advise the Court of something, you also advise the other side. Kim Dotcom would not have kept this quiet for a month!

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  59. Kevin (960 comments) says:

    http://www.kiwisfirst.co.nz/
    http://lawisanass-wingate.blogspot.co.nz/
    Very interesting sites on the 3rd world nature of the NZ judicial/legal system.

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  60. F E Smith (3,307 comments) says:

    no just individuals who broke the law and should be prosecuted for it publicly

    If there are any prosecutions of people who had been acting on behalf of the Crown, one can assume that the Attorney-General will step in and stay the the proceedings without telling anyone.  Wouldn’t the be the first time in recent history that has happened…

    Have to say, though, that this case has been a monumental disaster on the part of the Crown and the investigative authorities.

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  61. wtfunz (133 comments) says:

    Isn’t dear old NZ rated as one of the least corrupt nations in the world. Maybe we are so apathetic and complacent we just caren’t be bothered seeing it or doing anthing about it.
    Read Wisharts – Absolute Power and tell me there is no corruption in this country.
    Christ – Finlayson’s incharge of the settlements process – and you think thats not corrupt.

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  62. DJP6-25 (1,389 comments) says:

    So, here is something Kim Dotcom’s lawyers can use. They can approach an incoming Romney appointed Attorney General, and say: Not only did the FBI act illlegally, the New-Zealand GCSB did too. You guys hate Hollywood. You won’t pass their anti piracy legislation. Hell will freeze over before they offer campaign money to a Republican. So, how about dropping the proceed ings so our client can pick up the pieces?

    cheers

    David Prosser

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  63. Keeping Stock (9,368 comments) says:

    Redbaiter said

    They’re a pack of uncivilised jack booted thugs and from top to bottom they should all be fired.

    Given the way you ritually abuse and denigrate anyone who foolishly believes that they know better than you do, the irony of your accusing people of being “a pack of uncivilised jack booted thugs” is breathtaking.

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  64. martinh (1,272 comments) says:

    The biggest rule with spying in NZ is that you cant bug NZ residents without a warrant so how can they say that they just made an error by not obtaining a warrant for these two people? Surely checking/confirming their residents status is top of their check list.

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  65. flipper (4,326 comments) says:

    I do not pretend to be an expert in such matters, but experience has taught me a few things. Ergo, I repeat soie of the questions that I posed yesterday afternoon and ask a couple more:
    1. CIA and GCSB are not similar.
    2. The US = of the GCSB is the NSA (National Sedcurity Agency). There is a UK = at Cheltenham
    3. Ministers have a “no surprises” rule for their Departmental CEOs, and with each other.
    4. The Crown filed a memorandum with the High Court in August, according to one Towers, acting for DottieC.
    5. Dottie’s legal team has known since August, according to their public statements.
    6. Key says he did NOT know until Septrember 17. He then contacted Neazor.
    7. If the Crown filed a memorandum (with the HC) in August stating that the GCSB had acted illegally, when did the Solicitor General know?
    8. Is Heron, the newly appointed SG involved. If so, did he or whoever was minding the Crown Law shop tell Finlayson?
    9. When did Finlayson tell Key?
    10. Are there other questions? Yes, like:

    11. Why did Key say he had been advised not to comment publicly until documents had been filed with the Court?
    12. Was that (last week) when the Crown filed the admission of illegality with the High Court?
    13. Are a number of dates and related matters still being fudged? IT APPEARS SO.

    ERGO, TIME TO ASK MORE QUESTIONS OF JK. The House could be interesting – if Shearer gets his shit together.

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  66. martinh (1,272 comments) says:

    Shearer get his act together? Hes only capable of inane sound-bytes, which never go anywhere. Sometimes im sure its a Student Association Member giving him his lines of phrase.
    Finlayson also stuffed up with the Crown Law and the warrants; he will be keeping himself well hidden on this follow-up too-seemingly looking further like a dimwit

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  67. Paulus (2,707 comments) says:

    Isn’t Shearer on the GCSB Committee ?

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