Gizmodo iPhone 4 Warrant WITHDRAWN

SAN FRANCISCO — A brewing free-speech debate touched off by a lost prototype of Apple's iPhone has ended quietly with a blogger's agreement to cooperate with investigators.

Thomas J. Nolan Jr., a lawyer for Jason Chen of Gizmodo.com, said Monday that technology website agreed to the deal with prosecutors to resolve the case as quickly as possible.

A judge on Friday ordered a search warrant withdrawn and seized items returned to Chen. The website posted images in April of a prototype iPhone left in a Redwood City bar by an Apple employee.

Gizmodo said it paid money for the phone.

Investigators from the multi-district Rapid Enforcement Allied Computer Team had raided Chen's house and seized computer equipment as part of its investigation into whether any laws were broken.

The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists.

"The search was clearly illegal," said Electronic Frontier Foundation lawyer Matt Zimmerman, who added that issue won't be fought in court after Gizmodo's agreement with authorities.

Zimmerman said there's little debate that Chen qualifies as a journalist, who are explicitly protected from seizures of unpublished notes. Journalists can also invoke California's so-called shield law to fight orders to testify about their sources and newsgathering.

"We still think the search warrant is and was inappropiate," Nolan said. "It is a very practical resolution that doesn't require us to litigate any further."

Nolan said once investigators review what is turned over to them, he believes they will drop their investigation without filing charges.

Chen purchased the iPhone from Brian Hogan, who said he found it on the floor of a Redwood City bar. Hogan is also under criminal investigation, though no charges have been filed.

Lawyers for both men didn't immediately return telephone calls.

Apple chief executive Steve Jobs mentioned the case briefly Friday during a discussion of the newest iPhone.

"Sometimes Web sites buy stolen prototypes and put them on the Web," he said. "And we don't like that."

Comments

[Madhattan]

10:52 AM on 07/19/2010

crapple

[iamvalid]

09:48 AM on 07/18/2010

I think most people realize that the phone was misplaced on purpose and the publicity stunt was just another feeble attempt by Apple to make itself look relevant. What an incredible pathetic corporation Apple Computer has become. This is a leading company that would rule the tech industry? Ummm? Not so much. Maybe in an alternate universe, where the laws of physics are different, but not in ours.

Well at least this article give me a bit more of a reason to chuckle as I shake my head in amusement when I see the Apple devoted in my local coffee shop.

Bring on the righteous indignation from the Apple fanboys. I, like so many other are used to it and quite frankly, it bores me.

[MrVee]

11:26 AM on 07/18/2010

Bored me too. Well said. Fanned.

[ramblingjohnny]

06:16 AM on 07/18/2010

So they basically use the seized hardware as ransom to get him to turn over his source?

[lendiggy]

02:29 AM on 07/18/2010

A win for the little guy AND democracy

[Morgantheaxe]

10:52 PM on 07/17/2010

This isn't possible. A hater told me Steve Jobs was the mafia and that he owned the police in Silicon Valley. They also told me he was a thug with his boot on the neck of everyone including this poor little blogger that paid 5,000 bucks for a stolen Iphone prototype (notice he missed the whole antena problem while he had the phone. What a waste of 5000 bucks). So for the DA to drop the charges must mean that the hater was wrong and we all know the haters are never ever wrong.

[sizogee]

09:02 PM on 07/17/2010

Even if the phone was "stolen" and not "leaked" (I honestly haven't been paying much attention lately), I seriously doubt that law enforcement would go through all this trouble if my phone or your phone was stolen.

What a profound waste of money and resources.

[Pectin]

12:00 AM on 07/18/2010

You haven't being paying attention, yet you can call the response "profound waste"?

Check back when someone steals something from you that can sell 1.7 million units in 3 days.

[MrVee]

11:56 AM on 07/18/2010

Pump your brakes fanstein. You got it twisted up really badly.

The sale of 1.7 million units isn't at all to do with it's value. It's a cell phone remember? When lines of people form a week before the store opens to purchase an item that simply places phone calls, or at least supposed to, that's not loyalty.

You've been making calls right? Your conversation hasn't changed and you are the same boring, whining loser as before. That's called brand worship.

When you could excuse what happened with Chin to elevate a sales figure that was NOT EVEN KNOWN when Chin's home was broken into and property ceased at the behest of some corporatist brown shirt, (or black turtleneck shirt) you have clearly have entered the twilight zone.

I'm sure you'll be ok if your friends assumes you stole something of value and you come home to see your door was kicked in and your computers, flat screen TV and PS3 was taken, you'll be just as understanding.

[amdezurik]

04:50 PM on 07/20/2010

and how many Blackberries are out there?

[JasonMcl]

04:45 PM on 07/17/2010

Goddamn, it's about time.

PS: Do you know why Bloggers are protected under the shield law for journalists?
If you guessed APPLE you are right!

In 2007 Apple tried and failed to sue Jason O' Grady because he published information on something called a firewire breakout box. What is that? Hell if I know, but it was important enough to Apple at the time to make them go hulk and try to sue him into oblivion.

Apple lost 700,000 dollars (dollars, $, hundreds of pennies) in the case and the resulting judgement stated that bloggers were considered journalists and subject to the same protections they enjoy.

Thank you Apple for helping ensure the safety of bloggers against tyrants such as yourselves.

[Tom95134]

02:50 PM on 07/17/2010

I guess Apple has about run out the string of free publicity. Might as well let it drop.

However, it would be very embarrassing if Gizmodo had discovered the signal strength problem and Apple pushed the prosecution just to cover it up until after the product release.

[JaxReader]

04:13 PM on 07/17/2010

Good call, that sounds like a great motivating factor for why Apple may have pushed for that, and when the problems came out anyway, Apple would probably want to drop it with the clarification that if Gizmodo releases that information, they would be sued.

[MrVee]

12:07 PM on 07/18/2010

They quite possibly wanted to protect that nugget of information from leaking to the press.