The FBI has defended itself from accusations of illegally exporting data involved in the Megaupload case by claiming that the information isn't covered by mutually agreed legislation as it is deemed 'non-physical'.
The accusations stem from Kim Dotcom's defence team, which claims that information from hard drives belonging to Dotcom and the Megaupload business should have remained in New Zealand unless express permission was granted by local police.
Instead, claims lawyer Willie Akel, FBI Agents copied data from seven hard drives and sent it to the US, where it now lies in the hands of intelligence and justice agencies.
"If [they] went offshore without the consent of the attorney-general, it was an illegal act," Akel told the court, as reported by New Zealand tech site Stuff.
In defence, prosecution lawyer John Pike, who is fighting the case for Dotcom to be extradited to the US for trial, argued that the agreement reached by US and New Zealand forces applied only to physical goods, not data.
Justice Winkelmann, presiding, has said that any information not deemed relevant to the case be returned, but Pike has argued that it is unclear what data will apply to the case.