Comment Re:Simple Solution (Score 4, Insightful) 165
I live in NZ too, but NZ have treaties with the US to extradite criminals and that is OK. People shouldn't be able to evade justice by simply going to another country.
That's the point, though, isn't it? Dotcom didn't physically perpetrate any crimes in the US. He didn't flee our jurisdiction. Extradition laws are typically about crimes committed in a jurisdiction from which the the defendant fled.
Even more to the point. Dotcom is CEO of a corporation that is accused—not convicted—of copyright infringement. Officers and employees of corporations are usually exempt from prosecution for laws broken by the company. There are ways of piercing the corporate veil but to do so typically requires that the officers and employees in question knew the actions were illegal. MegaUpload and Dotcom are arguing that they adhered to the laws and even helped US authorities gather evidence in other proceedings.
There's a great deal of uncertainty regarding the case...uncertainty that might be clarified during trial proceedings against MegaUpload. To argue that Dotcom should be prosecuted at all would, to me, require that MegaUpload be first found guilt of a crime. Once that had been done the extradition request would have been a mere formality.
But that's not what happened. US authorities have seemingly abandoned the niceties of sending officers to the accused's house or place of business during daylight hours. In many cases they've resorted to a shock-and-awe methodology of pre-dawn raids with smoke, tear gas and loaded weapons drawn. The argue it's necessary to prevent destruction of evidence.
Somehow US authorities convinced NZ authorities this method of arrest was necessary to "capture" a rather portly big mouth who's shot more videos than he has firing-range targets.
I don't believe any of it was necessary. I don't believe there's a viable case of criminal conduct. What I suspect is the whole thing is a botched case that authorities in both countries want to sweep under the rug. And, while we're on the topic...the argument that exposing the case to public scrutiny will "reveal intelligence gathering and sharing methods" is straight from the US playbook.
The real shame is they tried to use criminal-case law and methods in what should have been a civil case, screwed it up and as a result have undermined public confidence in the justice system in general.