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[7]: Kind of scary
by Morgan on Tue 27th Apr 2010 16:59 UTC in reply to "RE[6]: Kind of scary"
Morgan
Member since:
2005-06-29

And to suggest it warrants the same tactical response as a security breach impacting national security is just as disingenuous; shame on you!

Besides, the most amazing thing about the new iPhone is OS 4, which Jobs already spilled the beans about during the iPad launch. There's an hour long video about it on the Apple website if you'd care to get in on the secrets. The only thing new we got to see on Gizmodo was the physical design, which is subject to change anyway. At the end of the day it's still just a phone.

The fact remains, Apple has pull with the government that even other big companies can't touch, and they are using it for intimidation and harassment. The actual security breach was with their own employee and whoever found the phone, why aren't their massive efforts focused there? Why harass the journalist who broke the story? Because they can. It sends a clear message to other journalists and bloggers: Don't break Apple news that isn't officially sanctioned, or you'll be greatly inconvenienced.

Reply Parent Score: 2

RE[8]: Kind of scary
by macUser on Tue 27th Apr 2010 17:06 in reply to "RE[7]: Kind of scary"
macUser Member since:
2006-12-15

And to suggest it warrants the same tactical response as a security breach impacting national security is just as disingenuous; shame on you!

Besides, the most amazing thing about the new iPhone is OS 4, which Jobs already spilled the beans about during the iPad launch. There's an hour long video about it on the Apple website if you'd care to get in on the secrets. The only thing new we got to see on Gizmodo was the physical design, which is subject to change anyway. At the end of the day it's still just a phone.

The fact remains, Apple has pull with the government that even other big companies can't touch, and they are using it for intimidation and harassment. The actual security breach was with their own employee and whoever found the phone, why aren't their massive efforts focused there? Why harass the journalist who broke the story? Because they can. It sends a clear message to other journalists and bloggers: Don't break Apple news that isn't officially sanctioned, or you'll be greatly inconvenienced.


Where did I compare it to a security breach impacting national security. I merely stated classified. Sure it could go that far, but there is quite a lot out there that is classified without being tied to national security.

Gizmodo didn't "break" news... They bought a stolen item, took it apart, and published their findings to the world.

Why not change the law if you're so overwrought with disdain for Apple. Clearly we don't need that particular law do we?

Reply Parent Score: 2

RE[9]: Kind of scary
by Morgan on Tue 27th Apr 2010 17:18 in reply to "RE[8]: Kind of scary"
Morgan Member since:
2005-06-29

Where did I compare it to a security breach impacting national security.


Right here:

What if I simply lost my USB keystick with classified government data on it (as seems to happen readily over in the UK).


Lost classified government data, by definition, is a security breach. Once again, your original flawed analogy falls flat on its face and bites you in the ass.

Gizmodo didn't "break" news... They bought a stolen item, took it apart, and published their findings to the world.


It was news, as in no one else knew about it, and they were the first to break the story. Or is there a new definition of "breaking news" that I wasn't aware of? If so, point me to the dictionary that contains it so I can learn it. Note that I'm not defending Gizmodo; I think they were stupid to do what they did. Just pointing out your inept attempts at discussion.

Why not change the law if you're so overwrought with disdain for Apple. Clearly we don't need that particular law do we?


The problem isn't the letter of the law; it's a good thing that the police will get involved when there is a justification. The problem is with whom they choose to give the most help to, and why. In this situation, they took a strong-arm approach when it was not needed. Remember, the DA has not brought charges yet, so a subpoena would have been the most logical course of action and would have avoided an impression of overwhelming favoritism towards Apple. One is left to wonder how much influence companies like Apple really have in the government. Certainly, it seems to be much more than most of us would be comfortable with.

Reply Parent Score: 2