Police Investigate Gizmodo iPhone Story

[Paul Daniel Ash]

Police are trying to determine if Gizmodo violated California state law by buying an iPhone prototype from someone who said he found it in a bar, according to "a law enforcement official" quoted by CNET yesterday. The official also claims that Apple itself asked for the investigation, which, if true, would contradict persistent rumor that the somewhat unlikely story was just an Apple publicity stunt. An executive at Gizmodo's parent company says that police have not asked them any questions yet.

Reportedly, Apple representatives contacted the Santa Clara County Police, and asked for an investigation of the events surrounding the disappearance of an iPhone prototype last month, and its subsequent appearance and teardown on Gizmodo last week. CNET's Greg Sandoval and Declan McCullagh spoke to a police representative, who says that the investigation may be conducted by a computer crime task force inside the Santa Clara County district attorney's office. While Apple's Cupertino headquarters is in Santa Clara County, the bar where the phone was allegedly lost and found is in Redwood City, the county seat of neighboring San Mateo County. According to California law, any person who finds lost property and "appropriates such property to his own use" is guilty of theft... or, If the value of the property is above $400, grand theft, which is a felony.

The story has garnered a lot of comment since it was revealed on Monday. Gawker Media (the owners of Gizmodo) paid $5,000 for the prototype, which sources have said is considered stolen goods by Apple. There are a number of elements about the story - such as, for example, why the finder claims he took the phone home with him rather than giving it to the manager of the bar - that have prompted questions about whether the phone was really found or stolen. Some observers looked at the holes in the story (a man walks into a bar with a priceless prototype and leaves it on a bar stool? really?) and wondered if the whole thing was an elaborate stunt by Apple to build up pre-release buzz for the next generation iPhone, but the police investigation suggests that they weren't involved. Gawker's chief operating officer says police haven't been in contact with him about the phone.

The Santa Clara County computer crime task force, called the "Rapid Enforcement Allied Computer Team" (REACT) was established in 1997 and pools the tech talents of a number of local jurisdictions. What's considered "Silicon Valley" lies mostly within the borders of Santa Clara County: the Santa Clara Valley -once the largest fruit producing and packing area on Earth - and the city of San Jose, and so the police have had to deal with a lot of high-profile intellectual property issues as well as thefts. Apple involved REACT in an investigation of one of its employees who sold over $100,000 worth of computers on eBay. REACT has more tech-savvy investigators than many local law enforcement agencies, commonly investigaring cybercrimes like denial-of-service attacks of online businesses in Silicon Valley.

[plcrules]

lol this will tell us if everything is true

[extremzocker]

still hoping that its not the final iPhone design. i liked the curved back.
if it is, gizmodo destroyed my anticipation and hype for the stevenote. its not as exciting when you know whats coming.

[Pitbull2o08]

How can they prosecute Gizmodo, after he called apple to try and return the phone!? It's not their fault apple associates didn't believe him!

[[email protected]]

i still think it's apples way of finding if the prototype look will go over with the public, because if it was lost why cant it be powered on... seems fishy to me. doubt he will be in big trouble, because i guess there is no price on the iphone, even when offered $5,000.... i don't know, this is my opinion

[plcrules]

still hoping that its not the final iPhone design. i liked the curved back.

i thought i was the only 1 i dont wanna buy a new case a new dock a new morphine pack just for a new dwsign

[rubenmer5]

^^ +1, agreed with matistigh, this is a show from Apple to see the feedback for New iPhone style. They do all this sharade to cover their tracks.

[subywrex]

^^ then don't buy a new phone. Lol. It's time for a design change IMHO

Also when has apple ever needed to leak something to get publicity. The fact that they are so secretive is enough publicity on it's own. Whoever thinks that apple did this on purpose is out of there mind. A company that has over half of the market of smart phones does not need to test the waters of there design.

[mikerlx]

Glad to see a design change, some of u guys were complianing when the 3GS came out looking like a 3G.

[adsonjustin]

very interesting...

[Antman217]

Glad to see a design change, some of u guys were complianing when the 3GS came out looking like a 3G.

Totally agree. I actually missed the aluminum back from the original iphone. It actually matched my aluminum macbook but now my 3g doesn't match anything I have from apple. All I can see it match with is the black which aren't even made anymore and white macbooks I guess lol. Anyways I like the aluminum and I didn't have any problems with wifi interfering with the aluminum back so thats ********! But flat back is good enough for me lol!

[Tizocman]

i actually like this design way better

[ravelsnip]

^^ +1, agreed with matistigh, this is a show from Apple to see the feedback for New iPhone style. They do all this sharade to cover their tracks.

i kindda agree to this :

This new design sucks big time.
I was expecting a more slimmer curvy iphone. like the one in the iphone HD dupe commercial.

[johnr9412]

I love the way the current iPhones look with the curved black backs. And I hated the new look at first, but it's starting to grow on me. Just hope my current screen protector and case will fit the new phone

[PStuLovesCrackk]

Even if this went to court, there is no way it would hold up.... They did the right thing and after everything was said and done they returned it...end of story.

[wolverinemarky]

will be interesting to see how this plays out and see if this is truly the final model of the next gen iphone I for one like it and will be upgrading to whatever apple releases as long as it has the features

[subywrex]

There not going after gizmodo they will mostlikely going after the person who sold mechandise that wasn't his o sell.

And again people why would apple need to leak there new phone??? It would make no sense. An iPhone does not need to be leaked apple does not need the publics approval on the look of any of there future designs. Now that not to say that the employee didn't purposly leave it behind for his own reasoning. I have Been drunk as hell before and would never leave my iPhone sitting sown somewhere and I'm just an end user

[stfudvs]

so if I "lose" my iPhone apple doesn't care, in factthey do nothing to the person who "finds" it and activates it

but when apple loses a phone somone up for grand Larson

go **** yourselves apple

[subywrex]

There not going after gizmodo they will mostlikely going after the person who sold mechandise that wasn't his o sell.

And again people why would apple need to leak there new phone??? It would make no sense. An iPhone does not need to be leaked apple does not need the publics approval on the look of any of there future designs. Now that not to say that the employee didn't purposly leave it behind for his own reasoning. I have Been drunk as hell before and would never leave my iPhone sitting sown somewhere and I'm just an end user

Woops have no idea why that double posted. Sorry

[elbodude]

Hmmm, not sure what to think. This I do know: The city of Cupertino, CA does not have a police department. They fall under the jurisdiction of the Santa Clara County Sheriff. There is no such thing as Santa Clara County Police. There is such a thing as Santa Clara City Police, but they are not part of Cupertino's jurisdiction. Take this for what it's worth.

I grew up in Cupertino and my Sister works at Apple. She had heard nothing of this.