REAL WORLD EVENT DISCUSSIONS

THIS could get interesting...

POSTED BY: KWICKO
UPDATED: Thursday, April 29, 2010 03:35
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Monday, April 26, 2010 2:39 PM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)



http://www.csmonitor.com/USA/Society/2010/0426/Police-raid-home-of-Giz
modo-writer-over-iPhone-prototype



Quote:

The case of the missing iPhone 4G took a more serious turn Monday afternoon with the revelation that police with a search warrant raided the home of Gizmodo writer Jason Chen Friday night.

Officers from California's Rapid Enforcement Allied Computer Team seized computers, hard drives – even a new iPad – searching for evidence related to the rare iPhone prototype that Mr. Chen obtained and reported on earlier this month. Gizmodo parent company Gawker Media reported that it had paid $5,000 to obtain the phone from someone who found it in a bar last month.

On Monday afternoon, Gizmodo posted the full text of the warrant; a letter from Gabby Darbyshire, chief operating officer and legal counsel for Gizmodo parent company Gawker Media; and Chen's account of the events.

In the warrant, which says that the San Mateo Sheriff's office has cause to believe that property at Chen's address was used as a means of committing a felony, police are directed to confiscate all records, files, and data related to the "Apple prototype 4G iPhone."

When Chen arrived home to find police confiscating his equipment, he reportedly showed them an e-mail from Ms. Darbyshire that said that he was a journalist, and as such was subject to legal protection from searches and confiscation of property. A printed copy of the e-mail is included in the police inventory of items confiscated from Chen's home.

It is not yet clear why the judge who authorized the search did so knowing that Chen is a journalist, Gizmodo says, but some have suggested that it is because he writes for a technology blog and not a more established publication. Darbyshire's published response includes specific reference to a 2006 case meant to show that the protections she cites apply to online journalists.




By now, most of you have no doubt heard about the is-it-or-isn't-it iPhone 4G "prototype" that was found in a bar in NorCal. Now the story's taking a quite a bit more serious turn.

Look for this one to raise some serious issues as to whether rules of journalism apply to bloggers and online journalists.

It should get pretty weird before all's said and done!

Mike

"I supported Bush in 2000 and 2004 and intellegence [sic] had very little to do with that decision." - Hero, Real World Event Discussions



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Monday, April 26, 2010 2:47 PM

MINCINGBEAST


I'm going to follow this with great interest, for the first amendment and press issues this raises. As our old model of journalism is phased out in favor of something we haven't quite figured out yet, there are going to be many chances to reconsider the first amendment's scope as it relates to information sharing. Will be rad to watch, but well be too old to get it once the dust settles.

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Monday, April 26, 2010 5:51 PM

FREMDFIRMA



Heh, I figure the EFF chews em up in court, and savages the DMCA and related acts as an affront to both free speech and fair use - since regardless of anything else, the object is just an object, and was in the possession of an individual who chose to exercise both fair use and free speech about it.

I get the notion there's gonna be a settlement when Apple realizes just how badly that can go should it reach a level of judicial intervention they cannot buy off.

-F

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Thursday, April 29, 2010 3:02 AM

FREMDFIRMA



Right on schedule.
Gizmodo Editor Chen Entitled to a Little First Amendment Respect
http://www.eff.org/deeplinks/2010/04/gizmodo-editor-chen-entitled-to-f
irst-amendment-respect


Let the ass chewing commence!

-F

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Thursday, April 29, 2010 3:15 AM

PIZMOBEACH

... fully loaded, safety off...


Chen certainly knew what he had (ill gotten booty) and what it would do for his web site (and is still doing in buckets). And Apple knows too. They may be pursuing Chen for 2 reasons:

1. Principle: keep people thinking that going forward you better not try and get one of our prototypes unless you want to go to court (lot of people don't). and...

2. but now that it's happened, any press is good press for their 4G iphone.

I see Chen may sue now = more press. If someone hands you a spinning money wheel, you keep it spinning!

Scifi movie music + Firefly dialogue clips, 24 hours a day - http://www.scifiradio.com

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Thursday, April 29, 2010 3:29 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


I question the premise of "ill-gotten booty", if it revolves around something that was left in a bar. I know there are insurance companies that won't pay off if you leave your keys in the car at the convenience store, for instance.

Was the phone "stolen", or was it "found"?

The journalist and/or website paying $5k for it doesn't look like legitimate journalism - call it checkbook journalism at best - but is the journalist now a thief, or a fence, or some sort of racketeer?

Apple *HAD* really great publicity going; I fear this isn't going to help, as now they just come across as bullies.

Their employee screwed up (apparently, unless it was an "intentional unintentional" screw-up), their new toy got found and exposed, and they got it back. Where's the theft?

I can kinda-sorta see both sides on this one, and as I stated at the outset, it really might get interesting.

Mike

"I supported Bush in 2000 and 2004 and intellegence [sic] had very little to do with that decision." - Hero, Real World Event Discussions


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Thursday, April 29, 2010 3:35 AM

FREMDFIRMA



Ayep, you know what's funny though, Piz - Apple isn't as completely freakin stupid as Microshit...

They *might* still be able to pull off the big-damn-heros gambit by forcing their corp-legal department to toss the case, and then draggin him on one of them Tech TV channels for an interview with the bigwigs "So? whaddaya think, where should we make improvements, what do you like about it ?" - parleyed on the free press, and the good will of yanking the leash of the hounds up short, man they could play that for ALL IT'S WORTH.

Of course, I don't credit them with that much sense, as they have grown arrogant and defensive, but there's times they surprise me, like when they came out against DRM, although they didn't stand and deliver there nearly as much as I woulda liked.

Still, it's a pretty sure bet how this is gonna go.

-F

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