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  • Gizmodo Search Warrant Gets Pulled By Authorities


    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was illegal as it violated California Penal Code section 1524(g)'s prohibition against the issuance of warrants for "unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public."
    Jason will be one happy guy when he get's all of his items returned, however it's not the end of the drama. The District Attorney could easily turn around and request a subpoena, once again, giving them access to all of Chen's items. However, it's probably not likely to happen, as it seems Steve realizes this might be something to just "let it slide"

    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    The San Mateo County judge overseeing the Gizmodo case on Friday ordered the search warrant to be withdrawn and the materials taken from Mr.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.

    MacRumors & Wall Street Journal
    This article was originally published in forum thread: Gizmodo Search Warrant Gets Pulled By Authorities started by nickhesson View original post
    Comments 38 Comments
    1. LSZ33's Avatar
      LSZ33 -
      Hopefully he gets his stuff back in the same way prior to them taking it. To all those on here saying they did the wrong thing, I'm sure you weren't complaining when you saw the gizmodo i4 release article were you?
    1. QuinnNebula's Avatar
      QuinnNebula -
      this was still a problem I thought this got dealt with a while ago
    1. tudtran's Avatar
      tudtran -
      Lucky guy
    1. thevmax's Avatar
      thevmax -
      There is a fine line here.
      Any one of us could buy an IPhone 4 right now, take it apart, take pictures of it, and post it on ModMyI. Now the question is: Are we violating Apple's proprietary rights regarding the phone?

      The difference is: the IPhone 4 was not released yet when Gizmodo reported on it.
      But, is there a difference according to the law?
      And, was Gizmodo profiting from the issuance of his report?
    1. h4ndcuffed's Avatar
      h4ndcuffed -
      What about his actions were illegal? He purchased equipment that was found it was never stolen. It was news worldwide that it was LEFT at a bar. Not pick pocketed. Then he reviewed it and let us know what he saw. Simple as that apple took it as a great publicity stunt and then shot themselves in the foot anyway. Once apple was contacted he returned it. He's covered.
    1. PAKIS-RULEZ's Avatar
      PAKIS-RULEZ -
      dam file a law suite if the warrant was illegal
    1. 718king's Avatar
      718king -
      Quote Originally Posted by nickhesson View Post
      Lol, how does this suck? He's getting his stuff back.
      I can tell you've never had a search warrant executed on your house. Sometimes it's not what they take, it's what they toss and break while they're looking.
    1. CZroe's Avatar
      CZroe -
      Quote Originally Posted by thevmax View Post
      There is a fine line here.
      Any one of us could buy an IPhone 4 right now, take it apart, take pictures of it, and post it on ModMyI. Now the question is: Are we violating Apple's proprietary rights regarding the phone?

      The difference is: the IPhone 4 was not released yet when Gizmodo reported on it.
      But, is there a difference according to the law?
      And, was Gizmodo profiting from the issuance of his report?
      You are barking up the wrong tree here. At issue was Apple's claims that the phone was stolen from Gray Powell. Otherwise, there was nothing illegal about purchasing access to it, taking it apart, and showing that to the world. If legally obtained, only contracts can stop that (non-disclosure agreements). Gizmodo signed and violated no contract. apple had no "proprietary rights." They have patent and trademark rights, but that has nothingto do with it. Secrets are them and theirs to keep. If they or one of their contracted confidants screws up, it's on them. The engineer may have lied to keep his job. The finder may have lied about what steps he took to return it to Apple. Gizmodo did not lie about how they obtained it and the pretenses they were under. Don't give Apple more "rights" than they have. Also, look up the definition of "rights." You are willingly giving them too much power. The police are not their personal gestapo.
    1. iPhoneThereforeIAm's Avatar
      iPhoneThereforeIAm -
      Quote Originally Posted by h4ndcuffed View Post
      What about his actions were illegal? He purchased equipment that was found it was never stolen. It was news worldwide that it was LEFT at a bar. Not pick pocketed. Then he reviewed it and let us know what he saw. Simple as that apple took it as a great publicity stunt and then shot themselves in the foot anyway.
      Wrong!
      It's now clear that it was the very opposite of a publicity stunt - which explains Apple's extraordinarily heavy-handed response in Gizmodogate.

      Clearly the college kid testing the pre-release iPhone-4 left in a bar was making a very public statement about the phone's reception issues.
      The probability is that disgusted by the fact that iSteve was about to knowingly release a device with a fundamental design flaw, he went public.

      So Gizmodo was the unwitting, hapless victim of the tester's response to iSteve's arrogant folly.
    1. son geta1's Avatar
      son geta1 -
      Hahaha.

      I hate Gizmodo, ModMyi for president!!
    1. santacruzlocal's Avatar
      santacruzlocal -
      Good ol' California justice
    1. bagek's Avatar
      bagek -
      this guy sold it for waaayyy more than $5000 FYI
    1. Funked's Avatar
      Funked -
      I'm glad he's getting his stuff back, he done nothing wrong in my eyes.
    1. mortopher's Avatar
      mortopher -
      Quote Originally Posted by 718king View Post
      I can tell you've never had a search warrant executed on your house. Sometimes it's not what they take, it's what they toss and break while they're looking.
      Oh my, I almost choked from laughing while eating. Funniest post of the night!
    1. politicalslug's Avatar
      politicalslug -
      Gizmodo knowingly purchased stolen property. That's a felony. Chen needs to get prosecuted. He's a blogger, not a journalist, and even if that weren't the case, it's illegal to purchase stolen property. Apple should set an example by suing Gawker Media (Gizmodo's parent company) into banruptcy. They have a very strong case.
    1. mortopher's Avatar
      mortopher -
      Apple seems to have enough on their plate lately. I don't see much more coming of this.
    1. iPhoneThereforeIAm's Avatar
      iPhoneThereforeIAm -
      Quote:
      Originally Posted by 718king
      I can tell you've never had a search warrant executed on your house. Sometimes it's not what they take, it's what they toss and break while they're looking.
      Quote Originally Posted by paganizonda83 View Post
      Oh my, I almost choked from laughing while eating. Funniest post of the night!
      Why ?
    1. ehren88888's Avatar
      ehren88888 -
      Quote Originally Posted by politicalslug View Post
      Gizmodo knowingly purchased stolen property. That's a felony. Chen needs to get prosecuted. He's a blogger, not a journalist, and even if that weren't the case, it's illegal to purchase stolen property. Apple should set an example by suing Gawker Media (Gizmodo's parent company) into banruptcy. They have a very strong case.
      +11111111111

      what a P.O.S. person he is.