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[2]: A crime is a crime
by targetnovember on Tue 27th Apr 2010 12:14 UTC in reply to "RE: A crime is a crime"
targetnovember
Member since:
2010-04-27

You can argue sometimes corporations should be more important. Assuming a crime has been committed, then if the DA doesn't do anything, the area becomes less valuable as a place for companies to do business. You lose your one phone, but thousands lose income as businesses decide to move projects away or not start new business in the area due to their property not being protected. Why is your phone more important than thousands of families survival???

How is Apple above the law?? That would imply Apple committed a crime and were not prosecuted. Are you arguing that Apple directly told the DA what to do, and that Apple IS the government? Isn't it more likely that politically, there is pressure to keep the area friendly to high tech R&D? Isn't this the same area that has Intel, Google, and other major tech companies?

Reply Parent Score: 1

RE[3]: A crime is a crime
by Zifre on Tue 27th Apr 2010 21:52 in reply to "RE[2]: A crime is a crime"
Zifre Member since:
2009-10-04

You can argue sometimes corporations should be more important. Assuming a crime has been committed, then if the DA doesn't do anything, the area becomes less valuable as a place for companies to do business. You lose your one phone, but thousands lose income as businesses decide to move projects away or not start new business in the area due to their property not being protected. Why is your phone more important than thousands of families survival???

I understand your point, but I don't think your argument is true at all. Supposedly, Apple lost this phone. Someone picked it up. That would happen anywhere in the world. If someone had broken into Apple's buildings and stolen the phone, than this would be an entirely different matter.

Basically, it is obvious that the police should have been involved in this. But stealing computers just to "keep the area friendly to high tech R&D" is wrong, unless you can come up with a good reason as to why the police felt like they had to do that.

Reply Parent Score: 2