If you don't remember all the fuss about this case, you've been sleeping under a rock. This pertains to the incident of the "lost/stolen" iPhone 4 that Gizmodo had reviewed a few months back. In the slew of all this mess, editor Jason Chen of Gizmodo, had his house searched and various items seized.
The EFF (Electronic Frontier Foundation) says that the San Mateo County District Attorney's office has been given the opportunity to withdrawal the uber-controversial search warrant. They state that the search was indeed illegal, and violated California code.
As EFF repeatedly noted at the time, the warrant-backed search of Chen's home was illegal as it violated California Penal Code section 1524(g)'s prohibition against the issuance of warrants for "unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public."
The Wall Street Journal reports that Gizmodo has fully complied with authorities, thus making it much easier for a withdrawal of the search warrant.
The San Mateo County judge overseeing the Gizmodo case on Friday ordered the search warrant to be withdrawn and the materials taken from Mr. Chen to be returned to him. Gawker Media Chief Operating Officer Gaby Darbyshire said Gizmodo has agreed voluntarily to give the district attorney materials that a court appointee "deems relevant to the case."
Chris Feasel, deputy district attorney for San Mateo County, said Friday that the investigation into Gizmodo is ongoing. "Mr. Chen and Gizmodo have agreed to cooperate with our investigation," he said.
Chris Feasel, deputy district attorney for San Mateo County, said Friday that the investigation into Gizmodo is ongoing. "Mr. Chen and Gizmodo have agreed to cooperate with our investigation," he said.
MacRumors & Wall Street Journal
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