Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

D.A. withdraws controversial stolen iPhone search warrant

By | July 16, 2010, 4:23pm PDT

Summary: The other iPhone story - the one that involved the web site editor and a lost/stolen iPhone 4 prototype - was back in the news today with a report that the DA has withdrawn the search warrant that was served on Gizmodo editor Jason Chen.

The other iPhone 4 story that captured headlines several months ago had a development today when a judge withdrew a search warrant that allowed local police to enter the home of Gizmodo editor Jason Chen and take his computer equipment.

As a refresher, the issue at hand was Gizmodo’s payment for what was believed - and later confirmed - to be a prototype of a yet-to-be-released iPhone 4, left behind in a bar by an Apple employee who was testing it. The argument over whether the phone was lost or stolen or whether Gizmodo violated any laws - aside from ethics - by paying for it has yet to be resolved.

Immediately, however, local law enforcement was criticized for serving a warrant instead of a subpoena because Chen was a journalist. That, of course, led to a debate over a journalism protections by the law.

Going back to today, the Wall Street Journal reports that Gizmodo has agreed to cooperate with local officials in their investigation and to voluntarily turn over materials that a court appointee deems appropriate. The materials seized from Chen’s home - which have not been accessed, pending a resolution to the matter - will be returned.

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Sam has been a technology and business blogger for more than 18 years.

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Sam Diaz

Sam Diaz has nothing to disclose.

Biography

Sam Diaz

Sam has been a technology and business blogger, reporter and editor at ZDNet, the Washington Post, San Jose Mercury News and Fresno Bee for more than 18 years. He's a member of the National Association of Hispanic Journalists and a graduate of California State University, Fresno.

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RE: D.A. withdraws controversial stolen iPhone search warrant
tomlin21-24319035676893835085146735905770 11th Oct
I really hope Russell doens't get booted off the expose way much too early...positively mulberry bags outlet retains the plainly exhibit entertianing
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Very good to hear
use_what_works_4_U 16th Jul 2010
It's good to hear that the parties involved could come to an agreement to work together in determining the legalities of the case.
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I find it worrying
Cylon Centurion Updated - 16th Jul 2010
That at the drop of a hat, God Steve Jobs is willing to use deadly force to keep a secret.
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I find the timing of this interesting
Mister Spock 17th Jul 2010
as Apple receives poor press over the multitude of design flaws and issues in reference to the iPhone 4, the D.A. drops what could be even more bad press for Apple.

As I said: Interesting.
plain
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Chen is a journalist?
sigma2 17th Jul 2010
He is blogger but by no means he can be considered a journalist. He is just a blogger. Anybody can be a blogger, but not any blogger is a journalist.
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@sigma2
"Anybody can be a blogger, but not any blogger is a journalist."

I disagree... I wrote for a blog, but I am a journalist. I have a degree on the wall to prove it and everything.

Just clarifying...
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Sure you do .....
wackoae Updated - 17th Jul 2010
An that was the best $25 you spent in your life (on that website some one send you).

That lovely colored printer wasn't a bad investment either.
  • Flagged
@SamDiaz

And how did you get that degree with that sort of comprehension level?

"Anybody can be a blogger, but not any blogger is a journalist."

Means you can be:

1. A blogger
2. A Journalist
3. A blogger and a Journalist

I disagree... I wrote for a blog, but I am a journalist.

You disagree with statement that says you can be a blogger and a journalist, because you are a blogger and a journalist?

Or because sigma2 suggests that Chen is not a Journalist? Yet you were both, so?

The point to me is no matter what he was, there is no legal justification for buying the stolen phone.

There may be some reason that the search warrant was incorrect - I do not know about that.

But does the degree on your wall entitle you to steal property, or buy stolen property as long as you write about the stolen property?

If so I'm enrolling now - there are lots of tech toys I could steal just to tell others what they are like - and if stealing is then legal for me then why not?
@sigma2

Don't know about Chen, but most of the folks today that claim to be a "journalist" are illiterate commentators (there is a difference). Babbling in a "recognized" publication is no different than babbling in a blog.
@7mgte

Some thieves babble, especially when explaining their actions - so I guess that somehow it all makes sense for journalists to steal at will.
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Chen may or may not be a journalist but I think he still sounds a bit suspicious overall. My iPhone was stolen and it sucked. I reported the stolen iPhone on http://www.stolenlostfound.org/ hopefully it brings my baby home.
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RE: D.A. withdraws controversial stolen iPhone search warrant
jackson1984-24316069205748857739440257893812 11th Oct
You non-public a very engaging website covering a number of subjects I'm thinking about addition.I just added your blog to my favorites so I can nfljerseys start looking at a great deal significantly more within following days
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RE: D.A. withdraws controversial stolen iPhone search warrant
tomlin21-24319035676893835085146735905770 11th Oct
I really hope Russell doens't get booted off the expose way much too early...positively mulberry bags outlet retains the plainly exhibit entertianing

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