Apr
26
Everyone is excited for the new generation of iPhones. Maybe a bit too excited?
Gizmodo recently posted a huge scoop with photos and video for the next iPhone. But the police are questioning how editor Jason Chen acquired the iPhone prototype for his written review.
Last Friday night, California’s Rapid Enforcement Allied Computer Team raided Chen’s home (while he was away, but with a search warrant) and confiscated four computers and two servers. There’s a lot of information regarding the situation and questions of legality are being thrown to both sides of the action.
According to TechCrunch, Gizmodo admits to paying $5000 for the alleged iPhone 4g prototype, but “contended the device was found at a bar, not stolen.” Gizmodo also contests, “the search warrant to remove these computers was invalid under section 1524(g) of the California Penal Code.” 
This code, sometimes referenced in part of the Shield Laws, states “no warrant shall issue for any items described in Section 1070 of the Evidence Code.” Basically, it protects journalists from having to reveal their source(s) and includes any unpublished information. Does that apply to online blogs, such as Gizmodo? Well, the DA has currently halted the police investigation as they thoroughly mull over Gizmodo’s defense statements.
Jason Kincaid at TechCrunch asked Stephen Wagstaffe, Chief Deputy at San Mateo County District Attorney’s Office, if it was “typical for the DA to evaluate the relevance of these shield laws after removing evidence.” Yep, “Wagstaffe did concede that it was unusual.”
The Business Insider says Chen may face up to one year in prison if “convicted of a felony for receiving stolen property or aiding a thief.” SND Readers, what do you think? Was Chen in the wrong? Were the police too quick to raid?
