New Zealand judge: FBI must release more evidence to Kim Dotcom

In an appellate judicial ruling at the New Zealand High Court, a judge ruled that the FBI must allow Kim Dotcom, the founder of the now-shuttered Megaupload site, to see more evidence against him in his extradition case to the United States.

The ruling marks a significant blow to the American efforts to get Dotcom extradited to the US. A New Zealand district court had previously ordered the disclosure of some of the evidence against Dotcom during his extradition hearing. The United States challenged that ruling, seeking a “judicial review,” which the High Court dismissed. In the 51-page ruling, Justice Helen Winkelmann said that under New Zealand law, Dotcom had a legal right to see the evidence against him—otherwise he and his legal team would be "significantly constrained" in preparing an adequate defense. Similarly, the “requesting state would have a significant advantage." She added that Dotcom should be allowed to see "only relevant evidence," but did not explain what exactly that might mean.

The judge ordered the FBI to hand over:

• All records obtained or created in connection with the covert operations undertaken by agents involved in the investigations related to these proceedings in transacting and uploading/downloading data and files on the Megaupload site
• All records or information and/or material provided to or obtained by the investigation and/or prosecuting agencies by the investigating and/or prosecuting agencies in this case from holders and/or owners of copyright interests evidencing alleged infringement of their copyright and/or complaining of such infringement
• All records and materials related to communications between relevant copyright holders and Megaupload and/or its employees regarding their copyright interest, the direct delete access provided by Megaupload to any such copyright holders, and any communications between the copyright holders and Megaupload and/or its staff regarding takedown notices