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GERMAN OF THE WEEK

CRIME

‘I am not a bad person’

He's a hacker, a gamer, a party animal, a legal resident of New Zealand, and a self-proclaimed defender of internet freedom. Kim Schmitz, aka Kim Dotcom, is The Local's German of the week.

'I am not a bad person'
Photo: DPA

Calling himself Kim Schmitz, Kim Dotcom, or sometimes just Kimble, the 39-year-old has become the unlikely poster boy of the internet freedom movement. He’s also one of the world’s most recognizable Germans in the past year. That’s partly because he is two meters (6ft 6ins) tall and weighs more than 130 kilos (285 pounds), and partly because he likes being photographed on private jets or yachts with Playboy bunnies.

His other well-documented predilections include gaming (he was until recently the world’s top ranked Modern Warfare 3 player), road-rallying, and personalized number plates on his Rolls Royces and Lamborghinis that read things like “God” and “CEO.”

On Sunday, the file-sharing mogul celebrated his latest launch – the follow-up to the legally problematic Megaupload site, named simply Mega – at his base in New Zealand. The launch of mega.co.nz was a typically brash affair, with an event part press conference, part fanfare show complete with showgirls.

Schmitz claimed that the new website – a cloud storage platform with encryption to ensure only users, not site administrators, know what is being uploaded – was the “fastest growing start-up in internet history,” with 100,000 users registering within an hour of launch.

But the site’s start was not smooth – on Tuesday, Schmitz had to apologize for Mega’s teething troubles, or, as he put it, “the bad quality of the service.”

His arrest by New Zealand police last January – at the behest of US authorities seeking his extradition on copyright infringement charges – was not Schmitz’s first brush with the law. Born in the northern German town of Kiel in 1974, Schmitz burst into the limelight in the 1990s, when he claimed he’d bypassed the security at NASA, the Pentagon and Citibank under his hacker pseudonym “Kimble.”

He was finally arrested in 1994 for trafficking stolen phone card numbers, and eventually served a two-year suspended sentence for computer fraud and data espionage.

Though the judge dismissed that crime as “youthful foolishness,” the German authorities were less forgiving about accusations of insider trading when he reportedly made a $1.5 million profit by buying up shares on a nearly bankrupt internet start-up, announcing he would invest heavily, and then selling them.

He fled to Thailand, was arrested, deported, received only a suspended sentence, then left Germany once again to live in Hong Kong.

There, he set up Kimpire Limited, and a network of related companies, including a hedge fund that fell foul of the Hong Kong authorities, and cost Schmitz a fine of 8,000 Hong Kong dollars.

In 2010, Schmitz was granted residency in New Zealand, with the authorities choosing to ignore his foreign convictions because he promised to invest more than $10 million in the country, via investment, philanthropic donations, and his gargantuan personal consumption.

In the meantime, the internet mogul had set up Megaupload, a cloud storage and file-sharing platform where millions of registered users kept copies of TV shows, movies, porn, and software. It was massively successful – at its height, the site was reported to be the 13th most popular website in the world and responsible for four percent of internet traffic.

Then last year, it all came crashing down with a big belly-flop. In an article written for the file-sharing blog TorrentFreak in 2011, Schmitz defended his reputation. “Steve Jobs was a hacker and Martha Stuart is doing well after her insider trading case. I think over a decade after all of this happened it should NOT be the dominating topic. I am 37 years old now, I am married, I have three adorable children with two more on the way (twin girls – yeah) and I know that I am not a bad person.”

The Local/bk

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FLOODS

German prosecutors drop investigation into ‘unforeseeable’ flood disaster

More than two and a half years after the deadly flood disaster in the Ahr Valley, western Germany, prosecutors have dropped an investigation into alleged negligence by the local district administrator.

German prosecutors drop investigation into 'unforeseeable' flood disaster

The public prosecutor’s office in Koblenz has closed the investigation into the deadly flood disaster in the Ahr valley that occurred in the summer of 2021.

A sufficient suspicion against the former Ahr district administrator Jürgen Pföhler (CDU) and an employee from the crisis team has not arisen, announced the head of the public prosecutor’s office in Koblenz, Mario Mannweiler, on Thursday.

Following the flood disaster in the Ahr region in Rhineland-Palatinate – in which 136 people died in Germany and thousands of homes were destroyed – there were accusations that the district of Ahrweiler, with Pföhler at the helm, had acted too late in sending flood warnings.

An investigation on suspicion of negligent homicide in 135 cases began in August of 2021. Pföhler had always denied the allegations.

READ ALSO: UPDATE – German prosecutors consider manslaughter probe into deadly floods

The public prosecutor’s office came to the conclusion that it was an extraordinary natural disaster: “The 2021 flood far exceeded anything people had experienced before and was subjectively unimaginable for residents, those affected, emergency services and those responsible for operations alike,” the authority said.

Civil protections in the district of Ahrweiler, including its disaster warning system, were found to be insufficient.

READ ALSO: Germany knew its disaster warning system wasn’t good enough – why wasn’t it improved?

But from the point of view of the public prosecutor’s office, these “quite considerable deficiencies”, which were identified by an expert, did not constitute criminal liability.

Why did the case take so long?

The investigations had dragged on partly because they were marked by considerable challenges, said the head of the Rhineland-Palatinate State Criminal Police Office, Mario Germano. “Namely, to conduct investigations in an area marked by the natural disaster and partially destroyed. Some of the people we had to interrogate were severely traumatised.”

More than 300 witnesses were heard including firefighters, city workers and those affected by the flood. More than 20 terabytes of digital data had been secured and evaluated, and more than 300 gigabytes were deemed relevant to the proceedings.

Pföhler, who stopped working as the district administrator in August 2021 due to illness, stepped down from the role in October 2021 citing an incapacity for duty. 

The conclusion of the investigation had been postponed several times, in part because the public prosecutor’s office wanted to wait for the outcome of the investigative committee in the Rhineland-Palatinate state parliament.

READ ALSO: Volunteer army rebuilds Germany’s flood-stricken towns

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