Police Admit That NZ Spy Agency Illegally Spied On Kim Dotcom, But Aren't Going To Do Anything About It

from the enforce-the-law? dept

You may recall that it came out last year that the New Zealand equivalent of the NSA, the GCSB, illegally spied on Kim Dotcom (oh, and dozens of others), possibly with the help of the NSA, despite not being allowed to spy on those in New Zealand.

An investigation by the police has agreed that the GCSB clearly broke the law... but the police have said that they don't plan to prosecute the spy agency. Because, you know, that might hold them accountable. Now, at least, the GCSB knows that it can abuse the law at will with no punishment.

Instead, it appears that the excuse being used by the police is the same one we've been hearing from NSA defenders: because these abuses weren't intentional, they can be ignored:
Today, Detective Superintendent Peter Read told a media conference that in spite of the GCSB committing one breach under the provisions of the Crimes Act, no criminal "intent" by the GCSB could be established.
I'm not sure that actually makes sense. Yes, when it comes to criminal activity, intent can be important in determining if it's actually criminal, but there's little doubt that the GCSB intentionally spied on Dotcom. It wouldn't have taken very much at all to recognize that Dotcom was a resident of New Zealand who GCSB is forbidden from surveilling. So it seems like the intent was pretty clear.

Filed Under: criminal, gcsb, intent, kim dotcom, mens rea, new zealand, spying, surveillance

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  1. This comment has been flagged by the community. Click here to show it
    Anonymous Coward, 30 Aug 2013 @ 1:50pm

    The point still stands that you bought the "without intent" argument.

    With the degree in which the raid was conducted and what they were looking for you honestly expect me to believe that they had no idea about the status of Dotcom's residency?

    You're so obsessed with copyright that you're willing to break whatever laws are in place to meet that end. And for that, you're a sad, sad person.

    The fact remains that they aren't prosecuting because they can't prove specific intent. However you get from that to me being "willing to break whatever laws" is hilarious.

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