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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RE: Warning Across the Bows
by Thom_Holwerda on Tue 27th Apr 2010 08:33 UTC in reply to "Warning Across the Bows"
Thom_Holwerda
Member since:
2005-06-29

that this is not just an iPhone but a prototype with company secrets


And a company's secrets are more important than, say, my own secrets I might have stored on my phone? Why can a company have this extra layer of protection and command an extra army of police, but a mere citizen like I cannot?

How is that fair? How can anyone - an American especially - not see the inequality and class justice going on here?

Reply Parent Score: 2

targetnovember Member since:
2010-04-27

Can trade secrets economically improve thousands of people's lives through increased business, tax revenue, share prices, and jobs? Losing trade secrets can be bad for lots of people. Losing one person's data on a phone is bad for one person.

I think both cases, the law tries to provide equal protection. Stealing a person's data is as illegal as stealing a company's data. So the hard question comes from allocating finite resources, and politically, I think it's defensible to do what results in the largest benefit first. One person's computer getting hacked will likely not result in anything. A bank getting hacked and having millions of people's information stolen should.

You could argue a company's profits should be less important than an individual's data . . . but from the viewpoint of the government, it might not be. As long as identity theft and such is always something that happens to "someone else" and businesses cay say "we're losing $$$", I don't think there will be enough social pressure to change priorities.

Reply Parent Score: 1

Thom_Holwerda Member since:
2005-06-29

Can trade secrets economically improve thousands of people's lives through increased business, tax revenue, share prices, and jobs? Losing trade secrets can be bad for lots of people. Losing one person's data on a phone is bad for one person.


At the risk of repeating myself...

Patents? Copyrights? Trademarks? NDAs? Those together (with money) offer more than enough protection and legal handles for companies.

Edited 2010-04-27 13:17 UTC

Reply Parent Score: 1

RE[2]: Warning Across the Bows
by Smeagol on Tue 27th Apr 2010 14:19 in reply to "RE: Warning Across the Bows"
Smeagol Member since:
2006-01-16

Oh Thom. Please, your ignorance knows no bounds.

You think this is the ONLY investigation that the DA/police are engaged in. Otherwise, they have been sitting in their offices eating donuts, just waiting for good 'ol SJ to come a callin'? (as if he ever would...)

Please, you probably have a Window update to install, please take care of that...

Reply Parent Score: -1

Thom_Holwerda Member since:
2005-06-29

So, let me ask you the question again.

Would law enforcement put as much effort into retrieving your phone as they are putting into this case? Are you really so naive as to believe that Apple's involvement with this particular task force does not play a major role in the vigour with which they pursue this matter?

Reply Parent Score: 5