Linked by Thom Holwerda on Mon 26th Apr 2010 23:11 UTC, submitted by UglyKidBill
Legal Well, this is unexpected. The iPhone 4G saga just got a whole lot crazier - dare I say it, a whole lot more ridiculous. Have you ever reported anything like a phone or something similarly small stolen to the police? What was their reaction? Did you ever get the device back? Did they send an army of officers to get your device back? No? Odd. They raided Jason Chen's house, and took four computers and two servers. Update: And thus our true colours reveal. "The raid that San Mateo area cops conducted last week on the house of Gizmodo editor Jason Chen came at the behest of a special multi-agency task force that was commissioned to work with the computer industry to tackle high-tech crimes. And Apple Inc. sits on the task force's steering committee." Update II: According to TechCrunch, the investigation has been put on hold while the DA ponders Gizmodo's shield defence. Update III: Some legal insight from a constitutional law and first amendment expert and a law professor. The gist? The DA has said no one has been charged with anything here, making this just an investigation - however, this makes the search and seizing of material worse. "If the police are literally just gathering information, with no suspect targeted yet, then a subpoena against a journalist would have probably been smarter than a search warranted that resulted in the front door of Chen's home being bashed in."
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The emperor has no clothes
by mbpark on Tue 27th Apr 2010 01:38 UTC
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The real issue here isn't that the iPhone HD/4G ended up in the hands of Gizmodo.

The issue is that Apple, with its vaunted corporate security that has been talked about and hyped up to be as good, if not better, than most governments, has been proven to not work as advertised.

This is an epic failure of Apple's security policies and procedures. Apple has major egg on their face because their next-generation product was found intact, dissected on a blog, and held up like a trophy after being found in a bar unattended. This is from the same company that made people use iPads in locked rooms tethered to something, and yet their prize product shows up in the wild, unattended, in pre-release form.

In all the years of Apple products being rumored and discovered by bloggers, this is the first time I remember that a tech blog got a hold of the physical hardware months before release.

This doesn't absolve Gizmodo. When dealing with companies that have billions of dollars in the bank that have been proven to have a major security hole, you really need to stay far away from them and don't blog about what you find. Showing up on a web page holding the device after you paid $5K to "examine" it is like jabbing a hornet's nest with a stick. You're going to get stung, and you're going to be dealing with many really angry people with lots of money to throw at doing so.

Apple is going to do whatever they can to save face, and that includes going after Gizmodo in any way, shape, or form possible.

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