from news.cnet.com: High Court judge finds search warrants were too general and rules the data in cloned drives should not have been released to the FBI.
The U.S. piracy case against MegaUpload founder Kim DotCom appears to have run aground, with a New Zealand court ruling that the search warrants issued in January were invalid.
New Zealand High Court Judge Helen Winkelmann ruled Thursday that the warrants did not adequately describe the offenses alleged, according to a report in the New Zealand Herald. “Indeed they fell well short of that,” she said. “They were general warrants, and as such, are invalid.”
She also ruled that it was unlawful for the data confiscated in the raid to have been sent offshore, saying “the release of the cloned hard drives to the FBI for shipping to the United States was contrary to the 16 February direction” [given by the court] “that the items seized were to remain in the custody and control of the Commissioner of Police.”
MegaUpload is a cloud-storage locker that DotCom claims was completely legitimate and protected by the Digital Millennium Copyright Act. U.S. officials, who are trying to extradite Dotcom and six associates to face piracy and wire fraud charges, say he encouraged users to store pirated videos, music, software, and other media and then share them with others. He faces up to 20 years in prison if convicted.