I did my masters on neo-imperialism - so don't worry![]()
Just curious...did you think that would lead to a job someday?
I did my masters on neo-imperialism - so don't worry![]()
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...
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...
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...
I don't think EFF agrees with you:
<snip>
So glad you haven't resorted to hyperbole or exaggeration, let along misinformation.You expression of what does and does not constitute a crime is disturbing to say the least.
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.
It was only a matter of time before this stolen iPhone story turned into a manifesto on George W. Bush...![]()
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
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 -![]()
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.
The answer to that question should be obvious - its 100% stolen the moment you sell it.
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...
You better not cross Apple, because they will send the Strike Team over with guns to extract compliance.
![]()
You better not cross Apple, because they will send the Strike Team over with guns to extract compliance.
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...
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.
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.
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...
Proof? Or are we just going to play the my friend game here.
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!?!?!
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!?!?
Californias shield laws protect journalists from having to turn over their sources and unpublished information theyve collected as part of their reporting. However, Gizmodo could be found to have committed a crime when they paid the phones 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 REACTs inclusion and that he wasnt even aware that Apple was part of the committee.
Read more: http://techcrunch.com/2010/04/26/ip...ers-gizmodo-shield-law-defense/#ixzz0mJvTQbFu
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..