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[6]: i dunno
by Bounty on Tue 27th Apr 2010 18:41 UTC in reply to "RE[5]: i dunno"
Bounty
Member since:
2006-09-18

"If the device was of a utmost importance to someone (e.g. Apple), the owner should have done a lot better job protecting it from loss/theft."

That argument is like trying to say it's ok to take a car if the driver accidentally left the keys in it while they went to to supermarket.

Reply Parent Score: 2

RE[7]: i dunno
by abcxyz on Tue 27th Apr 2010 21:15 in reply to "RE[6]: i dunno"
abcxyz Member since:
2009-07-30

That argument is like trying to say it's ok to take a car if the driver accidentally left the keys in it while they went to to supermarket.


No, I've never said James Chen did not do wrong. However, if I accidentally leave keys in the car, I should not be surprised and pose not only as a victim, but also as a complete idiot. That also implies I don't see why would I expect more then average effort from the law enforcement (esp. since I have not demonstrated stolen property being of a great value to me) and I am pretty sure my insurance company will send me away empty handed (usually there is a Reasonable precautions clause).

It's a tough world out there. Law enforcement should be after catching criminals and courts after treating them with appropriate punishment. But I just cannot help but feel someone is being an example out of for teasing the Goliath and that is wrong. Justice is depicted blind as it should not care who the victim and culprit are, but should attend to all of them with the same measure. When it is not the case, something is wrong with the justice system.

I know my comment is somewhat simplified, but is aimed at those who cry about this not being ordinary petty crime stolen phone, but billions of dollars worth of a leak. That is: a) overstated; and b) if I have that kind of money on anything, I *really* believe in keeping track of it if I am serious about my claims (which btw. I have not seen publicly made by Apple, but only it's law and order fan boys in their righteous wrath).

Reply Parent Score: 1

RE[7]: i dunno
by bert64 on Wed 28th Apr 2010 10:24 in reply to "RE[6]: i dunno"
bert64 Member since:
2007-04-23

If someone did take such a car, drive it round for a few days and then it was found.. The police would do very little about it, they might put police tape on it and tell the original owner to come and pick it up... They might even make the original owner pay parking fines because their car was parked illegally by the thieves.

Yes, this has happened to a friend of mine, he reported his car stolen and the police just gave him a number... Few days later the police call to say his car has been found and give him the street address where it is. When he gets there, he finds the car there but the wheels and stereo have been removed, and theres a parking ticket on the car. It takes him a couple of days to source some new wheels and the tools necessary to get them onto the car so he can move it.

Reply Parent Score: 2

RE[8]: i dunno
by Bounty on Wed 28th Apr 2010 17:37 in reply to "RE[7]: i dunno"
Bounty Member since:
2006-09-18

If someone did take such a car, drive it round for a few days and then it was found.. The police would do very little about it


Right, because thats not a good analogy. Better would be that someone from a car magazine bought the car after it was stolen, published an article about how they bought a stolen car, test drove it, then gave it back to the owner. Ohh, and the car is a prototype.

I'm guessing cops would jump on it. In your friends case it was cold, cops have nothing to work with. Here you have someone who basically published the details of the crime, and you know they probably have contact info on the original thief on their computer. Plus possible conspiracy on behalf of Gizmodo who probably gave Chen the 5,000$ to make the deal.

Reply Parent Score: 2