The U.S. government does not have to disclose the evidence it will use against Megaupload owner Kim Dotcom prior to extraditing him to the United States, the New Zealand Supreme Court has ruled. In a 123-page ruling on Thursday the highest court in New Zealand said that there is no precedent to force the U.S. government to show its evidence prior to extradition.
"The US has been given a free ride to cherry pick whatever allegations they want," said Ira Rothken, Dotcom's American lawyer. "Now, there's not an even playing field in the extradition proceeding. It's an unfair situation."
Doctom's attorneys cannot appeal the ruling because it came from the highest court in the country.
The U.S. has not scheduled an extradition hearing as of this writing, but most believe it could happens as soon as July.
"There's never been a case that we could find, in the history of western jurisprudence, where a cloud storage provider was ever held criminally responsible for the acts of users and user-generated content," said Rothken. "We don't believe this novel theory works in the US, and we also think the New Zealand judiciary will reject it. We look forward to making our arguments to the New Zealand court."
The evidence that Rothken refers to was detailed by the Department of Justice in December of last year when it submitted a 191-page "summary of evidence" laying out their view of the case, including internal Megaupload e-mails and financial data.
In addition to copyright charges, US authorities want to put Dotcom on trial over allegations of money laundering, racketeering, and wire fraud.
Source: Ars Technica