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Authorities Begin Evidence Examination in Gizmodo iPhone Case

Authorities Begin Evidence Examination in Gizmodo iPhone Case




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CNET reports that authorities have begun examining computers and other evidence seized from Gizmodo editor Jason Chen's residence following the purchase of and publication of details on a lost next-generation iPhone. The evidence examination had been on hold since Chen's lawyers raised questions about the legality of the seizure, arguing special protections for Chen under journalist shield laws.
Stephen Wagstaffe, chief deputy district attorney for San Mateo County, told CNET on Wednesday that a court there had appointed a "special master" to search the items seized from the home of Jason Chen in late April. The court has asked the special master to collect only information that pertains to Gizmodo's dealings with an iPhone prototype that the blog purchased for $5,000.
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The special master, who has not been identified, is an unpaid, neutral third party appointed by the court to assist in the carrying out of judicial orders. The agent will collect information believed pertinent to the investigation and present it to the court and Chen's lawyers for discussion and final determination of what evidence will be provided to the district attorney for investigation. The report notes that this process could take up to two months.

Earlier this week, Apple CEO Steve Jobs revealed his thoughts on the situation, noting that some people advised him to "let it slide" but that devotion to what he believes are the core values of Apple demands that the company pursue action.

Article Link: Authorities Begin Evidence Examination in Gizmodo iPhone Case
 
It would be interesting to know who this unpaid, 3rd party, is. And what the level of expertise is.
Maybe it's Stephen Gary "Woz" Wozniak.....
 
My thoughts on this turn of events: The district attorney is going to extraordinary lengths to preserve the integrity of the investigation. There's no way in hell that he'd spend the time and money on this if he wasn't pretty certain he'd have some charges to file at the other end.

Bottom line: The DA isn't letting this drop and Jason Chen and Gizmodo/Gawker have plenty to worry about in the meantime.

Mark
 
Mark Booth said:
My thoughts on this turn of events: The district attorney is going to extraordinary lengths to preserve the integrity of the investigation. There's no way in hell that he'd spend the time and money on this if he wasn't pretty certain he'd have some charges to file at the other end.

Bottom line: The DA isn't letting this drop and Jason Chen and Gizmodo/Gawker have plenty to worry about in the meantime.

Mark
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I think it's the clout of Apple that is pushing this to the end...... NOT the DA.
The DA is probably just a puppet in this case. Apple wants blood and to set an example.

And I think they should push it so hard, that the entire pool of Journalists don't write free publicity for Apple in the future. Stop all coverage....
But, that won't happen........
 
I agreed with Steve, you can't "let it slide". We need to have rules and people to follow them. Think about New York's "Broken window effect".
 
That's our justice system. They need a "Special Master" and two months to read through one guys computer information. You could probably get a 12 year old to do it better in a couple of days.

Yes. Our tax dollars hard at work!

Tony
 
Tones2 said:
That's our justice system. They need a "Special Master" and two months to read through one guys computer information. You could probably get a 12 year old to do it better in a couple of days.

Yes. Our tax dollars hard at work!

Tony
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It may be a 12 year old. They said he's unpaid, and the DA's office won't use Child Labor.... :)
 
This may not result in a criminal case but the evidence will come in handy in a civil suit. Gawker may be writing a big check to Apple because of this.
 
yg17 said:
I guess California doesn't have real crimes to investigate :rolleyes:
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What are you talking about.

Why would you not consider this a "real crime".

If you felt that someone stole from you and there is mounting evidence of a crime would you not want justice?

California is doing the right thing.
 
If this whole thing has hurt Apple in some way, then I agree with prosecuting them.
However, I believe that Apple received much more free media on this than what it has cost them. And did it really cost them?

What I don't agree with is SJ in going after them just because he's pouting over losing the secrecy of surprise at WWDC.

I really think this secrecy thing is very childish when carried to SJ's extreme.
 
Tones2 said:
That's our justice system. They need a "Special Master" and two months to read through one guys computer information. You could probably get a 12 year old to do it better in a couple of days.

Yes. Our tax dollars hard at work!
Click to expand...

It will probably take 2 months because the guy is unpaid. Your tax dollars are being wasted, just not here.
 
Scooterman1 said:
If this whole thing has hurt Apple in some way, then I agree with prosecuting them.
However, I believe that Apple received much more free media on this than what it has cost them. And did it really cost them?

What I don't agree with is SJ in going after them just because he's pouting over losing the secrecy of surprise at WWDC.

I really think this secrecy thing is very childish when carried to SJ's extreme.
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In a market as competitive as the mobile phone market, secrecy is very important. Allowing your competition to see your product a few months out can make a huge difference. There are many ways Apple could go with the new iPhone, now every other mobile manufacturer out there knows what Apple is planning and can plan their strategies and products early giving them an advantage they wouldn't have otherwise had. So yes this is a big deal, a very real crime, and a legitimate concern on Apple's part.
 
Tones2 said:
That's our justice system. They need a "Special Master" and two months to read through one guys computer information. You could probably get a 12 year old to do it better in a couple of days.

Yes. Our tax dollars hard at work!

Tony
Click to expand...

I'm sure Apple pays its share of tax dollars. Thus if this investigation is being based on financial worthiness, it's cost effective. The community is a much better place with Apple being there paying taxes. Taxes that far outweigh how much the investigation costs.
 
Scooterman1 said:
If this whole thing has hurt Apple in some way, then I agree with prosecuting them.
However, I believe that Apple received much more free media on this than what it has cost them. And did it really cost them?

What I don't agree with is SJ in going after them just because he's pouting over losing the secrecy of surprise at WWDC.

I really think this secrecy thing is very childish when carried to SJ's extreme.
Click to expand...

Oh give me a break. Apple is the one company everyone tries to imitate. Now the competition has a few months heads up on what's coming next in terms of the iPhone.

I hope Apple sues the hell out of Gawker. The stories they ran and what they called "journalism" is pathetic. They got their hits for the day and their one big "story." I would not care if they ceased to exist.
 
whatever said:
What are you talking about.

Why would you not consider this a "real crime".

If you felt that someone stole from you and there is mounting evidence of a crime would you not want justice?

California is doing the right thing.
Click to expand...

The iPhone was NOT stolen. It was lost. That Jason Chen paid for it is, well, unfortunate for him, but I for one do not believe a crime has been committed.

The government of California should not use the mighty arm of the law to enforce Apple's bizzarre obsession with keeping its products secret. If Apple wants thing perfectly secret, it can restrict access, etc., but it should not rely on the threat of prosecuting journalists acting in the public interest to keep its products safe.

Chen, one might say, is a latter day Daniel Ellsberg while Apple is CLEARLY a repressive force fighting the 1st Amendment.
 
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