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Investigation moves forward in Gizmodo iPhone leak case

Over a month ago, police seized a pile of equipment from Gizmodo editor Jason Chen's home in order to investigate the case of the misappropriated prototype iPhone. Gizmodo (and about ten million armchair lawyers on the internet) claimed the seizure was illegal because of "shield laws" intended to protect journalists from being compelled to reveal their sources.

After a month of figuring out how best to proceed, the investigation against Chen and Gizmodo is moving forward. A "special master" has been appointed to search Chen's seized belongings... but only for those items related to the iPhone prototype. This special master, who under court order will remain anonymous, is an impartial, unpaid volunteer, likely a former judge or law professor. The special master is supposed to be unconnected to the case in any way other than being a court-appointed agent seeking evidence in the case -- in other words, no matter how some may try to spin this, no one connected to Apple is rifling through Chen's family photos, credit card info, or lolcats archives. Once the special master's investigation concludes, he will present his evidence to a judge; the judge will then hear any objections Chen and his lawyers may have. After that, the judge will decide what evidence, if any, to forward on to the district attorney.

No charges have been filed as of yet in this ongoing saga, and the special master's investigation could take as long as two months. If the special master finds enough evidence to support a criminal investigation, there's no doubt Apple will push for a civil lawsuit even in the unlikely event San Mateo County decides not to file criminal charges independently. At the recent All Things Digital conference, Steve Jobs said many people encouraged him to "let it slide," but Jobs said he'd "rather quit" than do so.

[Via The Loop]

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Over a month ago, police seized a pile of equipment from Gizmodo editor Jason Chen's home in order to investigate the case of the...
 

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Kelmon

Personally, I want to see the book thrown at Mr. Chen for being an unmitigated wanker. There was absolutely no need to print the name or private details of the employee that "lost" the device. Following this I note that Mr. Chen considers himself more important such that he hides his own personal information that appeared on the subsequent legal documents.

Aside from that I am in full agreement with everyone else who can see that what Gizmodo did was illegal and that they handled themselves in a way that can only be described as amateurish and stupid. Why anyone argues there case is quite beyond me, unless they are linked to this organisation.

June 04 2010 at 1:03 PM Report abuse rate up rate down Reply
Andrew Pryde

Please tell me that Jason had PGP full disk encryption set up. This is a GREAT example of why everyone should be encrypting no matter what their area of work.

@Prydie

June 04 2010 at 4:09 AM Report abuse rate up rate down Reply
al

@colourflight

If you seriously think they did the right thing then you sir are the joke. Someone loses something you return it not throw it up on a web page and make x amount of money from page clicks. If you find something and choose NOT to return it immediately then you STOLE it. Simple as that.

June 04 2010 at 4:04 AM Report abuse rate up rate down Reply
colouroflight

What a joke. Gizmodo did the right thing and handled the situation perfectly.

Where exactly is the wrongdoing here? They didn't go mug the guy and steal his phone.

June 04 2010 at 12:07 AM Report abuse rate up rate down Reply
1 reply to colouroflight's comment
Chris Rawson

If you honestly believe Gizmodo handled the situation "perfectly", your moral compass is at the bottom of the ocean in the Bermuda Triangle.

June 04 2010 at 3:22 AM Report abuse rate up rate down Reply
al

quote:Rowedahelicon
Okay, let me ask a question to all the people supporting his case, do you feel Apple was personally hurt by this? No?

Ummmm YES.

A prototype is called a prototype for a reason one of which is its not shown to ANYONE for the simple fact they don't want to tip off their competition until the said item goes to market. The leak did just that and they lost some of the competitive lead due to it which means it could have caused millions of dollars in potential future revenue. It also caused a lot of people who were thinking of buying a 3G to decide not to buy a 3G and wait for the new device meaning potential revenue was again lost.

I'm far from being a Apple fan boy and I'm not one to push mega corp philosophy but in this instance big business is 100% in the right. It's absolutely nobodies business to see a product until the business who created it decides its time.

You shouldn't defend Gawker Media or their employee Jason Chen. Gawker has garnered a reputation as the supermarket tabloid of the tech media and Chen is known amongst many journalists as an a-hole.

I couldn't care less if the device belonged to Microsoft, Hewlett Packard, Dell or Apple. You find something which is a obvious prototype you return it for the simple fact its the honest thing to do. Both Gawker Media and the guy who sold the device knew what they had in their hands and who to return it to knowingly chose to financially capitalize at Apple's expense. I say sue the crooks (Gawker) out of existence and good riddance to slimy trash. They only serve to give real tech journalist companies a bad name.

June 03 2010 at 9:03 PM Report abuse rate up rate down Reply
Slappy

"Investigation moves forward in Gizmodo iPhone leak case"

FTFY: "Investigation moves forward in Gizmodo iPhone theft/extortion case"

June 03 2010 at 7:52 PM Report abuse rate up rate down Reply
1 reply to Slappy's comment
Chris Rawson

I'll admit that's what I actually -wanted- to write, but I'm at least trying to maintain the illusion of impartiality.

June 03 2010 at 10:37 PM Report abuse rate up rate down Reply
websnapx

If Jason had a brain in his head he would have Paid 5 grand for "access" to the product, not the actual product. He – legally – could have walked away with photos, specs and cred all without actually BUYING the phone. THAT the shield laws would have protected him since he would have been made to reveal his source, yet can't be punished for purchasing stolen goods since the seller would have never lost ownership. But he didn't because he was greedy and wanted to have exclusive, not first.

He'll learn in jail.

June 03 2010 at 7:42 PM Report abuse rate up rate down Reply
2 replies to websnapx's comment
websnapx

sorry, i meant "...wouldn't have been made to reveal his source"

June 03 2010 at 7:45 PM Report abuse rate up rate down Reply
Jeff Harris

Yep, I'm sure he'll learn all kinds of interesting things in jail.

June 04 2010 at 12:24 AM Report abuse rate up rate down Reply
Rowedahelicon

I'd also like to point out that while Jason is the scapegoat here, there are at least 3 people connected to this case, the employee, the seller to Gawker Media, and Jason.

Why is the employee not on the table here? Jason is just in the spotlight here , merely as a warning to any possible cases where this happens again. Regardless of whether or not he has the law technically on his side, that doesn't make the story right.

June 03 2010 at 6:50 PM Report abuse rate up rate down Reply
8 replies to Rowedahelicon's comment
Mike

Anonymous = able to keep this person out of the court of public opinion and scrutany of their credentials, motives or methods. Nice ruling, CA.

As for the comment of if some multibillion dollar company was on the other side.... It's Apple. They are big enough to be the bad guy now. That's why so many people are cheering FOR them.

June 03 2010 at 6:42 PM Report abuse rate up rate down Reply
casmith07

Oh, and I almost forgot to add, the Shield Act doesn't have anything to do with journalists whatsoever -- it just protects disclosure of information in relation to domestic violence cases...

Now shield LAWS are what I think you meant. ;-)

June 03 2010 at 6:40 PM Report abuse rate up rate down Reply
2 replies to casmith07's comment
Rowedahelicon

Yes, laws, not act, that was my bad.

Anyway, Apple will always bounce back, look at how well the iPad did recently. ;)
I do not support the destruction of Jason's life, hasn't Foxconn done enough of that under Apple's name?

Before I have everyone freak out , yes, I know other companies use Foxconn, no one else causes this much trouble though.

June 03 2010 at 6:46 PM Report abuse rate up rate down Reply
casmith07

The law is the law. If you don't "support the destruction of Jason's life," then you should study ethics and become a journalistic ethics professor or an ethics guru specializing in media relations and journalism to prevent this sort of thing from happening again.

Chen knew full and well what he was doing, and he will end up paying for it, whether or not it ends up being time served in prison or paying a large fine plus restitution.

Once upon a time when I was in high school, people were doing shady things to get a leg up. I was frustrated, and my father said to me: "Son, nobody ever got anywhere in the history of man by lying, cheating, or stealing. They might get there for a little while, but they always fall."

Doing the right thing when nobody is watching (Engadget) is the way to live your life - accolades will fall into place if you do what you're supposed to do. When you deviate from that path (Jason Chen), be prepared to accept the consequences of your actions.

June 03 2010 at 7:35 PM Report abuse rate up rate down Reply
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