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I don't think EFF agrees with you:

LaptopMag spoke with the Electronic Frontier Foundation's Civil Liberties Director Jennifer Granick who believes that the search and seizure of Jason Chen's computer equipment violated both state and federal laws. Chen's equipment was seized by law enforcement officials surrounding an investigation of the lost next generation iPhone that had been leaked.
"There are both federal and state laws here in California that protect reporters and journalists from search and seizure for their news gathering activities. The federal law is the Privacy Protection Act and the state law is a provision of the penal code and evidence code. It appears that both of those laws may be being violated by this search and seizure."

While some have suggested that this may not apply if they were investigating Gizmodo for criminal activity, the EFF says it doesn't matter and the shield laws apply anyway.
But even if they are saying it was unlawful, the statute appears to say it doesn't matter. The crime that you're investigating cannot be receipt of that information or materials.

Based on a report by TechCrunch, it appears the San Mateo County District Attorney's Office is acknowledging that the shield protection laws may still be valid. The investigation has reported to have come to a pause as they reevaluate whether or not those shield laws do apply in this situation.


Entire point / subject of this topic is in its title!

Draconian Police Raid and legality of it...

Now they are thinking about it, scratching their beards and deeply contemplating about everything - yet guy's house has been already broken into, computers have been stolen and mess has been made...

Why didn't they wonder about legality of this raid before actually making it!?!?!?!?!

This is the whole point...

They did. "They" being the judge that signed the warrant, and the warrant was probably asked for by the DA.

It's not "draconian." It's a police investigation into a stolen item that has millions of dollars surrounding it.
 
I don't think EFF agrees with you:

LaptopMag spoke with the Electronic Frontier Foundation's Civil Liberties Director Jennifer Granick who believes that the search and seizure of Jason Chen's computer equipment violated both state and federal laws. Chen's equipment was seized by law enforcement officials surrounding an investigation of the lost next generation iPhone that had been leaked.
"There are both federal and state laws here in California that protect reporters and journalists from search and seizure for their news gathering activities. The federal law is the Privacy Protection Act and the state law is a provision of the penal code and evidence code. It appears that both of those laws may be being violated by this search and seizure."

While some have suggested that this may not apply if they were investigating Gizmodo for criminal activity, the EFF says it doesn't matter and the shield laws apply anyway.
But even if they are saying it was unlawful, the statute appears to say it doesn't matter. The crime that you're investigating cannot be receipt of that information or materials.

Based on a report by TechCrunch, it appears the San Mateo County District Attorney's Office is acknowledging that the shield protection laws may still be valid. The investigation has reported to have come to a pause as they reevaluate whether or not those shield laws do apply in this situation.


Entire point / subject of this topic is in its title!

Draconian Police Raid and legality of it...

Now they are thinking about it, scratching their beards and deeply contemplating about everything - yet guy's house has been already broken into, computers have been stolen and mess has been made...

Why didn't they wonder about legality of this raid before actually making it!?!?!?!?!

This is the whole point...

Link to where the state that they are scratching their heads wondering about the legalities?

This, nor the EFF, will protect a journalist from committing a crime. Jason committed a crime when he bought the device, no law will protect him as a journalist from, even through his own admission, consequences of his actions.
 
We didn't know for certain if WMD existed in Iraq but we invaded them nevertheless burning the entire country down, killing close to 1 million people in process and stealing their oil...

It was only a matter of time before this stolen iPhone story turned into a manifesto on George W. Bush... :rolleyes:
 
I don't think EFF agrees with you:

<snip>

The EFF is just one legal opinion. And it's funny how that works. In every court case, there's at least two legal opinions. But one of them ends up losing the argument.

Now, please read the following carefully. I'll type slowly for you....

There have already been other legal opinions that the California Shield law does NOT apply if the police are looking for evidence of a crime committed by the journalist.

Which opinion is going to prevail? Well, we'll just have to wait and see.

Mark
 
So glad you haven't resorted to hyperbole or exaggeration, let along misinformation. :rolleyes: You expression of what does and does not constitute a crime is disturbing to say the least.

I am happy I disturbed you!

Disturbance is good thing - it can often shake you up a bit and if you are lucky you might even wake up and see the real world around you!

No need to thank me - :)
 
Do you really think the police would react this much or even get involved at all if one of us lost a phone that was then sold for $5,000 then returned to us? They might do something, but they wouldn't be raiding houses taking away computers and hard drives. It would be a very low priority case.

This!

I guarantee you if I lost my cell phone and someone sold it to someone, and I traced it with my mobileme service... this would not happened.
 
When is it stolen?

The answer to that question should be obvious - its 100% stolen the moment you sell it.
 
It was only a matter of time before this stolen iPhone story turned into a manifesto on George W. Bush... :rolleyes:

Yeah, I actually thought the birthers or tea partiers would be appropriating the fury before the Bush bashers. Although it's hard to keep track of who's bashing their keyboard hardest right now :)

But blaming Bush is so last year.
 
You better not cross Apple, because they will send the Strike Team over with guns to extract compliance.


849612966_CxSeE-O.jpg
 
The EFF is just one legal opinion. And it's funny how that works. In every court case, there's at least two legal opinions. But one of them ends up losing the argument.

Now, please read the following carefully. I'll type slowly for you....

There have already been other legal opinions that the California Shield law does NOT apply if the police are looking for evidence of a crime committed by the journalist.

Which opinion is going to prevail? Well, we'll just have to wait and see.

Mark

And I will slowly repeat as well...

If there are few legal opinions involved - why didn't they come to unified conclusion BEFORE allowing or disallowing this raid!?!?

Why raid was made FIRST before various legal opinions were tuned onto same frequency - be that pro raid or against it!?!?!

Perhaps I am not sure how law in California works but to me it seams like it is based on casino like mechanics... Lets do something (break into guys house, get his computers and make mess) and then wonder if thing we just did is legal or not!?!?!

I mean lol...
 
I am happy I disturbed you!

Disturbance is good thing - it can often shake you up a bit and if you are lucky you might even wake up and see the real world around you!

No need to thank me - :)

So, when you grown up you can get the laws changed where you live. Until then you have to live by the law or face the consequences. Giz is learning about those consequences now.

This!

I guarantee you if I lost my cell phone and someone sold it to someone, and I traced it with my mobileme service... this would not happened.

Happened for my friend. He tracked his iPhone via mobile me and the cops arrested the guy that had his iPhone. So it DOES happen for the little guy too.
 
The answer to that question should be obvious - its 100% stolen the moment you sell it.

Sorry, but WRONG! According to Gizmodo's STORY, the guy had it for nearly 4 WEEKS before he sold it. He ALREADY knew the name of the person it belonged to. He discovered Gray Powell's name and information and found his Facebook page. The thief had this information within the first 12 hours of having possession of the phone (because the phone was reportedly wiped by the morning). The thief could have EASILY contacted Gray Powell through Facebook to return the phone.

So... the minute the thief decided to hang onto the phone instead of returning it to its rightful owner, THAT'S the moment it became stolen PER CALIFORNIA LAW.

Gizmodo was so excited to smear Gray Powell that they handed proof of the thief's guilt to the authorities. Gizmodo screwed over the thief in the process. But you know their motto... "Anything for the story!"

I believe a jury would take that to mean, even breaking the law.

Mark
 
We didn't know for certain if WMD existed in Iraq but we invaded them nevertheless burning the entire country down, killing close to 1 million people in process and stealing their oil...

Same crap here - they just raided guy's house, took his computers and made god knows what other mess...

Investigate by all means what exactly happened few days ago and if there are proofs of some crimes being committed by all means get law involved...

As things are at the moment, only crime committed in entire case was exactly the RAID of GIZMODO office - everything else is up in the air...

The war was poorly thought out, but childish misstatements of fact don't do anything for your argument, there or here. The US did not burn the whole country down, the X number of people killed (no one really knows) are far more likely to have died by sectarian militias and terrorists than by military action, and we haven't stolen their oil--we have enough problems using our own money trying to keep the system operating so their democratically elected government has some income. Every barrel has been paid for.
 
You better not cross Apple, because they will send the Strike Team over with guns to extract compliance.


849612966_CxSeE-O.jpg

LOL :D

This in fact should be Valve's version of CSS for Mac!


EDIT:

Perhaps it is CSS for Mac! I think you should watch your doors and police for leaking this shot out :D
 
You better not cross Apple, because they will send the Strike Team over with guns to extract compliance.

That photo was funny at least.

Full of Fail, you keep posting your garbage even though you were proven wrong in other thread. Trying in here now too?

Apple isn't behind this, Giz brought it on themselves when they posted everything online. They posted enough incriminating evidence that Apple does not need to get involved.

And I will slowly repeat as well...

If there are few legal opinions involved - why didn't they come to unified conclusion BEFORE allowing or disallowing this raid!?!?

Why raid was made FIRST before various legal opinions were tuned onto same frequency - be that pro raid or against it!?!?!

Perhaps I am not sure how law in California works but to me it seams like it is based on casino like mechanics... Lets do something (break into guys house, get his computers and make mess) and then wonder if thing we just did is legal or not!?!?!

I mean lol...

So, again, show me where the judge or the DA are wondering if they did anything wrong? So far it's just the EFF challenging the legality of the S&S. The judge and DA are fully compliant within the law and that's how they responded back to the EFF.
 
This!

I guarantee you if I lost my cell phone and someone sold it to someone, and I traced it with my mobileme service... this would not happened.

And I guarantee you that Gray Powell could not do that. Independent developers have already explained that "Find my iPhone" is DISABLED in the beta versions of iPhone OS 4.0.

Mark
 
So, again, show me where the judge or the DA are wondering if they did anything wrong? So far it's just the EFF challenging the legality of the S&S. The judge and DA are fully compliant within the law and that's how they responded back to the EFF.

Based on a report by TechCrunch, it appears the San Mateo County District Attorney's Office is acknowledging that the shield protection laws may still be valid. The investigation has reported to have come to a pause as they reevaluate whether or not those shield laws do apply in this situation.

Perhaps I am misreading this!?!?
 
And I will slowly repeat as well...

If there are few legal opinions involved - why didn't they come to unified conclusion BEFORE allowing or disallowing this raid!?!?

Why raid was made FIRST before various legal opinions were tuned onto same frequency - be that pro raid or against it!?!?!

Perhaps I am not sure how law in California works but to me it seams like it is based on casino like mechanics... Lets do something (break into guys house, get his computers and make mess) and then wonder if thing we just did is legal or not!?!?!

I mean lol...

You think you need to take a vote or something? They filled out the paperwork, made their case with the judge, and the judge issued the warrant.
 
Then why entire investigation is on pause due to question marks over legality of the raid!?!?!

First, there was no "raid." Second, there are reports contradicting the "on pause" report. Third, again, the law does not require that the DA go ask everyone's opinion prior to going to a judge. The judge is the arbiter, and it's his job to take the factors into account and to decide whether or not the warrant comports with the Fourth Amendment and any other relevant Constitutional requirements.
 
Based on a report by TechCrunch, it appears the San Mateo County District Attorney's Office is acknowledging that the shield protection laws may still be valid. The investigation has reported to have come to a pause as they reevaluate whether or not those shield laws do apply in this situation.

Perhaps I am misreading this!?!?

Nice find, and a good read. I also like how you omit other parts of that very blog.

First lets touch on your main point:
Yes they say they are going to verify their claim of shield protection prior to going through his stuff. Want to know why? If they went through his stuff and found incriminating evidence and it was deemed that he was afforded protection under the shield law, anything they found would be in-admissable in court.

So they want to double check to make sure things are right. The shield law does not protect a blogger or journalist when they commit the crime, only from divulging sources.

Let's go on shall we...

California’s shield laws protect journalists from having to turn over their sources and unpublished information they’ve collected as part of their reporting. However, Gizmodo could be found to have committed a crime when they paid the phone’s finder for the device.

Earlier today Yahoo News pointed out that Apple serves on the steering committee of REACT, a special task force involved with the investigation. Wagstaffe said that Apple played no part in REACT’s inclusion and that he wasn’t even aware that Apple was part of the committee.



Read more: http://techcrunch.com/2010/04/26/ip...ers-gizmodo-shield-law-defense/#ixzz0mJvTQbFu

Look at the bolded parts, now you still claim it's big bad Apple and that no crime was committed...
 
Apple isn't behind this, Giz brought it on themselves when they posted everything online. They posted enough incriminating evidence that Apple does not need to get involved..

The 'real' golden rule is that he who has the gold makes the rules; and Apple has the gold and therefore is calling the shots. This is an Apple ordered takedown, simple as that. They may claim it was part of an investigation or that it is out of their hands; but this is simply not how life works. Money buys access and clout, it has for millennium, and Apple has a lot of it. Apple is sending a message to anyone who dares cross them, they will use their power and influence to make your life a living hell.

It would be nice if we were the same under the eyes of the law, but we are not.
 
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