Search Warrant For Lost Next-Generation iPhone Ordered Unsealed

[ThunderSkunk]

The amount of potential money should have nothing to do with it. If I claimed to have invented a [insert world changing device that would make billions of dollars] in my garage, and it was lost, sold, then returned to me, there would be no investigation like this.

There would be if millions of dollars of investor money were on the line and you said you wanted to prosecute. ...and you would be a fool if you said you didn't want to prosecute.

It really amazes me that there are people that refuse to see how much special treatment corporations get in this country..

Oh we see it, there are many actual instances of that. However, this is not one of them. It really amazes me that there are people incapable of differentiating standard procedure from paranoid conspiracy theory. One punishment, one level of force, does not fit all offenses.

 

[sishaw]

Corporatocracy is an actual word too, look it up genius: http://en.wikipedia.org/wiki/Corporatocracy

Both are good examples of what is happening to the United States.

My point is that if my personal phone (or even some world changing breakthrough device that I as a regular citizen built in my garage) went missing and was splashed all over the internet like this, the legal system would not give two sh*ts about it, and wouldn't do this level of investigation over it. The only reason this is happening is because corporations own this country.

Um...Wikipedia is not a dictionary. Good luck finding this "word" (actually a coinage by conspiracy theorists) in an actual dictionary. But thanks for admitting that I'm a genius!

Unless you were being sarcastic, in which case that was a totally uncalled for ad hominem insult.

Gotta go, my corporate masters are transmitting a message to the receiver in my tooth!

 

[koach]

Just because something is on the web, especially in Wikipedia, doesn't mean it's true. It's in urbandictionary/wikipedia, which means give it a few years before recognition by people who cogitatively evaluate the "wordiness" of the word. If it does pass muster, it should undoubtedly show up on LSSU's banished word list.

Um...Wikipedia is not a dictionary. Good luck finding this "word" (actually a coinage by conspiracy theorists) in an actual dictionary. But thanks for admitting that I'm a genius!

Unless you were being sarcastic, in which case that was a totally uncalled for ad hominem insult.

Gotta go, my corporate masters are transmitting a message to the receiver in my tooth!

Wow you are unbelievable. It's a real word, with a real meaning, so get over it. You made an honest mistake when you first replied to me thinking that it was not a real word, and now you are being stubborn trying to stick to your statement. You made a mistake, not a big deal, just move on.

 

[bpfesq]

The reason people are so bent out of shape about this is because this is further proof that our country has become a corporatocracy.

If I had lost my phone (my personal phone or even some invention I was creating in my garage as part of my plan to create a new product and start a company), and someone found/bought it and returned it back to me, I PROMISE that there would be no police investigation like this. They wouldn't be issuing search warrants, busting down doors, sealing court documents.

Corporations have more privileges than ordinary citizens with none of the responsibility. A lot of people like myself are tired of it. But as long as our government is bought and paid for by lobbying and campaign contributions, it will never change.

Corporatism and this story are completely different animals. Apple isnt' getting any sort of favoritism. If the same situation happened to you, the cops would be all over it. This case had so much evidence, even before the search warrantes, it was pretty simple to handle.

Remember, the cops are investigating a CRIME. And while you wouldn't mind letting the culprits go if you got your personal phone back, remember, this is a PROTOTYPE of a phone in a VERY competitive market. I personally have a product coming out this fall (one that i hope everyone here likes and buys ) and if some schmuck stole/found my prototype, sold it to a tech magazine and it was subsequently disassembled, photographed, and PUBLISHED for the whole world to see, i'd be VIOLENTLY FUMING PISSED.

Apple has done some heavy handed things lately---but this is not one of them. A company must protect its intellectual property/trade secrets.

 

[nikhsub1]

The fanbois so clearly reveal themselves. Wasn't the phone returned to Apple BEFORE Chen's house was broken into by authorities to seize all of his computers? So, if I lose my phone and someone then takes it (which you all say is stealing) and I know who has it because they posted pictures of it on the intarwebz, I can then get police to break into that person's home, seize all of their computers (and any other evidence relating to the alleged crime) and get my phone back? Who knew?

 

[macfan881]

I don't think that's the issue...

The issue is why did the PO-lice go into the editor's house and search the crap outta it...

Apple asked for it, they gave it back. What purpose was solved by searching the guy's HOME? Work, sure, home??

because have other info related to the phone that we possibly dont have info about.

 

[inlovewithi]

It's Apple's phone. The problem with them reporting it is what?

You're the 2nd person to comment, you're getting defensive, nobody has said that there's a problem with Apple reporting it. It's just a corporation, no need to lose to get worked up in their defense.

 

[ktappe]

Prosecute the prosecutor

When (not if) it's found that the warrant in no way could have "revealed identities of potential witnesses and compromised the investigation", why should the San Mateo County District Attorney not be prosecuted for lying to the court and obstructing the public's constitutional right to an open system of jurisprudence?

 

[koach]

The fanbois so clearly reveal themselves. Wasn't the phone returned to Apple BEFORE Chen's house was broken into by authorities to seize all of his computers? So, if I lose my phone and someone then takes it (which you all say is stealing) and I know who has it because they posted pictures of it on the intarwebz, I can then get police to break into that person's home, seize all of their computers (and any other evidence relating to the alleged crime) and get my phone back? Who knew?

Yes, Chen returned the phone and then Apple sent the cops in. Had Chen refused to give the phone back I would agree with calling the cops in.

I like Apple products, I own an original iPhone, a 3G, and 3GS, an iPad, a Mini, a Macbook, and have been a MobileMe subscriber for 3 years now. but what they are doing here is an abuse of the legal system, and an ordinary citizen would never be able to get this same sort of treatments from the legal system.

 

[Cander]

Yeah, but if you called in a report of a stolen car they would file it away in the round archive (

). They wouldn't mobilize half an army, kick down doors and seize everything in sight. So this already is "one way and not the other". Apple shouldn't get special treatment, they can get in line behind the rest.

Obviously posting evidence in public is not relevant.

 

[koach]

When (not if) it's found that the warrant in no way could have "revealed identities of potential witnesses and compromised the investigation", why should the San Mateo County District Attorney not be prosecuted for lying to the court and obstructing the public's constitutional right to an open system of jurisprudence?

If lawyers were prosecuted for lying then they would all be in jail and the system would cease to exist. Lawyers are paid to lie, the good ones just don't get caught.

 

[Peace]

"Suspect Brian Hogan found or stole a prototype iPhone 4G that was accidentally left at a restaurant by Apple employee Rober "Gray" Powell. Hogan identified the owner of the phone as Apple Engineer Gray Powell through the contents of the phone and through Internet searches. Rather than return the prototype phone to Powell and/or Apple, Hogan subsequently sold the iPhone [to] Jason Chen in Fremont for $5,000. Upon receiving the stolen property, Chen disassembled the iPhone, thereby causing it to be damaged. Chen created copies of the iPhone prototype in the form of digital images and video, which were subsequently published on the Internet based magazine Gizmodo.com"

The above describes at the minimum "Theft" and at the maximum "Corporate Espionage".

 

[sjinsjca]

The issue is why did the PO-lice go into the editor's house and search the crap outta it...

A crime had been committed. Stolen property was bought and sold.

This Valley has taken industrial espionage very, very seriously since the Avanti crimes eight years ago (http://www.answers.com/topic/synopsys). A whole lot of it still goes on-- just recently an engineer was caught at SFO, embarking for Asia on a one-way ticket, with a bunch of flash sticks stuffed with purloined design specs. This sort of thing rarely makes the news, but it's a huge big deal around here. Much is made of the fact that Apple is on the steering committee for the county's anti-trade-theft task force; little mention is made that a couple dozen other large companies are also on the committee. It's a big deal.

Some folks point to the State's journalist shield law and argue that the editor's home should not have been searched. Well, the shield is not a pass to commit felonies. Else every blogger would be free to do whatever they wanted.

 

[inlovewithi]

The reason people are so bent out of shape about this is because this is further proof that our country has become a corporatocracy.

If I had lost my phone (my personal phone or even some invention I was creating in my garage as part of my plan to create a new product and start a company), and someone found/bought it and returned it back to me, I PROMISE that there would be no police investigation like this. They wouldn't be issuing search warrants, busting down doors, sealing court documents.

Corporations have more privileges than ordinary citizens with none of the responsibility. A lot of people like myself are tired of it. But as long as our government is bought and paid for by lobbying and campaign contributions, it will never change.

Plus wasn't the phone lost and found? At least reported lost. I would get such a dirty look from the cops if I reported my phone stolen, and completely ignored it the phone was given back to me. Of course different circumstance, I understand Apple is a corporation, but still.

 

[sjinsjca]

Wasn't the phone returned to Apple BEFORE Chen's house was broken into by authorities to seize all of his computers?

Immaterial. A crime had been committed. Sale of stolen property, at a minimum, and industrial expionage as another possibility.

 

[dagomike]

I don't think that's the issue...

The issue is why did the PO-lice go into the editor's house and search the crap outta it...

Apple asked for it, they gave it back. What purpose was solved by searching the guy's HOME? Work, sure, home??

Selling stolen goods is a crime as is buying. That would seem a part of their investigation. Just because you commit a crime and write about doesn't mean you're immune from the law.

My point is that if my personal phone (or even some world changing breakthrough device that I as a regular citizen built in my garage) went missing and was splashed all over the internet like this, the legal system would not give two sh*ts about it, and wouldn't do this level of investigation over it. The only reason this is happening is because corporations own this country.

Your wonder invention isn't going to sell several million units with many global competitors benefiting from its theft.

As the dollar value and hype of the crime increases, so does the interest in law enforcement. Pretty simple stuff.

 

[Hurda]

I personally think that revealing the documents isn't a good thing.

Your arguments leave nothing to disagree with.

 

[djrobsd]

You know, while Steve Jobs is so busy prosecuting reporters and protecting the secrecy of his precious products, Bill & Melinda gates are out in the world fighting poverty.. Maybe Steve should find something better to do then bullying around a reporter.

 

[greenmeanie]

The Facebook episode was the best so far LOL.

I want to see one episode of South Park dedicated to the iPhone leak, it would be hilarious

 

[ouimetnick]

A crime had been committed. Lost property (due to an idiot losing it while drinking at a bar) was bought and sold.

This Valley has taken industrial espionage very, very seriously since the Avanti crimes eight years ago (http://www.answers.com/topic/synopsys). A whole lot of it still goes on-- just recently an engineer was caught at SFO, embarking for Asia on a one-way ticket, with a bunch of flash sticks stuffed with purloined design specs. This sort of thing rarely makes the news, but it's a huge big deal around here. Much is made of the fact that Apple is on the steering committee for the county's anti-trade-theft task force; little mention is made that a couple dozen other large companies are also on the committee. It's a big deal.

Some folks point to the State's journalist shield law and argue that the editor's home should not have been searched. Well, the shield is not a pass to commit felonies. Else every blogger would be free to do whatever they wanted.

fixed that for you.

 

[ct2k7]

Your arguments leave nothing to disagree with.

Most certainly

 

[ktappe]

If lawyers were prosecuted for lying then they would all be in jail and the system would cease to exist. Lawyers are paid to lie, the good ones just don't get caught.

In THEORY (yes, a loaded concept), the DA is representing us, the people. I don't know too many of us who want our attorney lying so that we the people are kept from information we want. ie. You're saying that one's lawyer is paid to lie for their client but "our" DA is lying against our interests. So I still see a difference....

 

[2 Replies]

I don't think that's the issue...

The issue is why did the PO-lice go into the editor's house and search the crap outta it...

Apple asked for it, they gave it back. What purpose was solved by searching the guy's HOME? Work, sure, home??

Not even work.
The guy was a reporter and so is protected under the LAW from those types of searches and seizures. Giz knew it and they were prepared.
Lets just hope the police get smacked back in their place and the government takes note that people will not sit idly by while their liberties are trampled over for corporate greed under the guise of copyright protection, dmca, or any other BS.

 

[pdjudd]

You know, while Steve Jobs is so busy prosecuting reporters and protecting the secrecy of his precious products, Bill & Melinda gates are out in the world fighting poverty.. Maybe Steve should find something better to do then bullying around a reporter.

Bill and Meninda Gates are also not employed at Microsoft whereas Steve Jobs is still an active CEO - he is doing his job.

 

[CorporateFelon]

Hah! Well said. All that's left now is the Law and Order episode.

Too bad Law and Order was just cancelled.

http://popwatch.ew.com/2010/05/14/law-and-order-tribute/