Prosecution seeks to protect informant in Gizmodo iPhone case

Posted:
in iPhone edited January 2014
Prosecutors investigating the case of the iPhone prototype that was sold to Gizmodo last month have filed an argument that says details of the search must be kept sealed to protect the identity of an informant who confidentially participated in the investigation.



A report by Wired says the filing "is the first indication that police cultivated an inside source prior to raiding the home of Gizmodo editor Jason Chen."



Wired was among the news organizations, led by the Associated Press and the LA Times, who requested that the court release the sealed search warrant affidavit that was used to raid Chen's house.



San Mateo County deputy district attorney Chris Feasel wrote that the media's right to access court documents does not ?outweigh the Peoples? right to protect the sanctity of an ongoing investigation, nor does it outweigh the rights of the people to protect the identity of persons who may have provided information to law enforcement in confidence during the initial stages of investigation.?



Chief deputy district attorney Stephen Wagstaffe earlier said the affidavit is "not a public record and thus is not subject to requests under any public-records act."



Prior to the Wired report noting an informant, it was understood that the affidavit was sealed primarily to prevent disclosure of the names of "two individuals of interest, whom police do not want to alert."



The EFF and other media groups have criticized the search as being improper because Chen's home office could be considered a newsroom, and therefore protected under shield laws designed to prevent police from investigating journalists' sources.



However, prosecutors say the search was related to a felony theft investigation rather than simply being an effort to determine Chen's sources as a journalist.
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Comments

  • Reply 1 of 77
    mj webmj web Posts: 918member
    Between the lines this blurb insinuates Apple is the confidential informant?

    Or am I reading too much into it?
  • Reply 2 of 77
    mac voyermac voyer Posts: 1,282member
    My wild speculation is that the guy who sold the phone, turned Chen in for an immunity deal. I hope Chen looks good in orange.
  • Reply 3 of 77
    christopher126christopher126 Posts: 4,021member
    Quote:
    Originally Posted by Mac Voyer View Post


    My wild speculation is that the guy who sold the phone, turned Chen in for an immunity deal. I hope Chen looks good in orange.



    I hope he doesn't look too good in orange. He really doesn't look like he is built for jail!



    Although, roof over your head, 3 meals a day...all the sex you want! Could be a good deal, I guess!
  • Reply 4 of 77
    mac voyermac voyer Posts: 1,282member
    Quote:
    Originally Posted by christopher126 View Post


    I hope he doesn't look too good in orange. He really doesn't look like he is built for jail!



    He probably should have thought about that before he knowingly, and publicly purchased stolen property, and boasted about the fact in print and on video. Yep, I think he'd better get used to orange.
  • Reply 5 of 77
    djsherlydjsherly Posts: 982member
    Quote:
    Originally Posted by Mac Voyer View Post


    He probably should have thought about that before he knowingly, and publicly purchased stolen property, and boasted about the fact in print and on video. Yep, I think he'd better get used to orange.



    You guys all frothing at the mouth. I'll put it out there: regardless of what happens, unlikely that Chen is going to jail/gaol.
  • Reply 6 of 77
    anantksundaramanantksundaram Posts: 18,650member
    This is going to get worse before it gets better, for Apple.



    Rinse. Repeat.
  • Reply 7 of 77
    anantksundaramanantksundaram Posts: 18,650member
    Quote:
    Originally Posted by djsherly View Post


    You guys all frothing at the mouth. I'll put it out there: regardless of what happens, unlikely that Chen is going to jail/gaol.



    Agreed. Zero chance. And, the computers get returned with an apology (but it gets worse before that happens).
  • Reply 8 of 77
    Why would Apple be the 'confidential informant'? Much more likely it is someone within Gawker media or a friend of Hogan's. Keep in mind that the only tellings we have of this story are from people likely to be under investigation and therefore have reason to twist facts to make themselves seem less culpable.



    By the end of this, we'll understand much better why the judge OK'd the warrant on Chen's house.
  • Reply 9 of 77
    mac voyermac voyer Posts: 1,282member
    Quote:
    Originally Posted by djsherly View Post


    You guys all frothing at the mouth. I'll put it out there: regardless of what happens, unlikely that Chen is going to jail/gaol.



    I'm definitely frothing at the mouth to see this guy, and the publication, go down, HARD! Sigh, I don't think it will happen, either. The discussion about this issue has nothing to do with the merits of the law, and everything to do with whether people like Apple or hate them. The same goes for all of the other hot button issues around here.



    No one likes Flash, but look how many fans it has attracted since Apple came out publicly against it. No one thinks Nokia has a legitimate gripe against Apple, but look at the number of people who are happy for the law suit. Everyone knows that HTC is infringing on Apple's IP, yet look at how many people there are who think that Apple should not have the right to protect any of their innovations. Everyone knows that, according to the local law, this prototype was stolen and Giz knowingly purchased stolen goods. Even with Giz bragging about the fact that they are not journalists, look at the number of people who want Chen to be protected and for Apple to get in trouble even though they were victimized. None of these are honest discussion on the merits of the issues. They are all polemics on Apple: love em' or hate em".
  • Reply 10 of 77
    Better get used to Orange? you aware if this is first offense he would probably get 30 days (suspended) and 3 years probation.. So probably would not spend a single day in jail. He would probably get arrested go in front of judge get bailed set and then get bailed out..
  • Reply 11 of 77
    sflocalsflocal Posts: 4,201member
    The media/EFF bloodhounds can bite the big one for all I care. They want the media exposure and anyone-be-dam**d for the sake of getting the next tabloid story and making a name for themselves.



    I really think that in the end, Chen will get a slap on the wrist but not before they make him curl up in the shower in the fetal position crying for his mommy.



    To me, the phone was stolen. There are those anarchists out there that believe otherwise but I'm all for Chen / Gizmodo being made an example of when dealing with (possibly) stolen property.
  • Reply 12 of 77
    davidtdavidt Posts: 112member
    Quote:
    Originally Posted by Mac Voyer View Post


    Everyone knows that, according to the local law, this prototype was stolen and Giz knowingly purchased stolen goods. [...] None of these are honest discussion on the merits of the issues.



    As somebody above has mentioned: All that is "known" is what has been stated by those directly involved - usually NOT the most reliable of sources.



    History is full of instances of "Everyone knows", only for the facts to be be revealed afterwards and often the facts are very different from what "everyone knew".



    I don't really care what actually happened in the iphone/gizmodo saga, but i do get uneasy when people read a couple of statements - uncorroborated by witnesses - and take this as "fact". it's how innocent people get lynched and senseless wars get started.



    best, D.
  • Reply 13 of 77
    mac voyermac voyer Posts: 1,282member
    Quote:
    Originally Posted by davidT View Post


    As somebody above has mentioned: All that is "known" is what has been stated by those directly involved - usually NOT the most reliable of sources.



    History is full of instances of "Everyone knows", only for the facts to be be revealed afterwards and often the facts are very different from what "everyone knew".



    I don't really care what actually happened in the iphone/gizmodo saga, but i do get uneasy when people read a couple of statements - uncorroborated by witnesses - and take this as "fact". it's how innocent people get lynched and senseless wars get started.



    best, D.



    In this case, the "facts" provided by Giz are enough to convict themselves.



    As for jail time, I say Chen spends just enough time in jail to get photographed behind bars. Now imagine the page views as Chen is turned into a martyr, and a symbol for all who carry the anti-Apple banner.



    On the other hand, they will just post bail and that will be the end of it. Let's see if they're really hungry for page views.
  • Reply 14 of 77
    djsherlydjsherly Posts: 982member
    Quote:
    Originally Posted by Mac Voyer View Post


    I'm definitely frothing at the mouth to see this guy, and the publication, go down, HARD! Sigh, I don't think it will happen, either. The discussion about this issue has nothing to do with the merits of the law, and everything to do with whether people like Apple or hate them. The same goes for all of the other hot button issues around here.



    No one likes Flash, but look how many fans it has attracted since Apple came out publicly against it. No one thinks Nokia has a legitimate gripe against Apple, but look at the number of people who are happy for the law suit. Everyone knows that HTC is infringing on Apple's IP, yet look at how many people there are who think that Apple should not have the right to protect any of their innovations. Everyone knows that, according to the local law, this prototype was stolen and Giz knowingly purchased stolen goods. Even with Giz bragging about the fact that they are not journalists, look at the number of people who want Chen to be protected and for Apple to get in trouble even though they were victimized. None of these are honest discussion on the merits of the issues. They are all polemics on Apple: love em' or hate em".



    Completely off topic - how about another polarizer. HTML5 just doesn't perform that well on iPad: http://www.youtube.com/watch?v=rfmbZkqORX4



    I wouldn't concern myself about the interaction paradigms at issue here. For complex animation and interaction, you're simply gonna need some horsepower, whether its flash or html5.



    Back on topic - Chen is dumb. But Apple are losing the PR game on this one. Speaking about PR, has Steve Jobs reached some sort of epiphany? He's been email chatty of late. Is there something to read between the lines on that?
  • Reply 15 of 77
    anantksundaramanantksundaram Posts: 18,650member
    Quote:
    Originally Posted by djsherly View Post


    ..... has Steve Jobs reached some sort of epiphany? He's been email chatty of late. Is there something to read between the lines on that?



    I've been wondering about that too!



    I hope it's not ............ \
  • Reply 16 of 77
    Lol why would he go to Jail? Its only buying stolen property, plus he probably won't get charged because 1) the phone was left on the ground, it was found, not stolen and 2) whoever found it called Apple and they said they didn't want it, what was he supposed to do? Then this guy bought it for 5 grand, hes not exactly a threat to society that needs to be locked up...



    Quote:
    Originally Posted by Mac Voyer View Post


    I'm definitely frothing at the mouth to see this guy, and the publication, go down, HARD! Sigh, I don't think it will happen, either. The discussion about this issue has nothing to do with the merits of the law, and everything to do with whether people like Apple or hate them. The same goes for all of the other hot button issues around here.



    No one likes Flash, but look how many fans it has attracted since Apple came out publicly against it. No one thinks Nokia has a legitimate gripe against Apple, but look at the number of people who are happy for the law suit. Everyone knows that HTC is infringing on Apple's IP, yet look at how many people there are who think that Apple should not have the right to protect any of their innovations. Everyone knows that, according to the local law, this prototype was stolen and Giz knowingly purchased stolen goods. Even with Giz bragging about the fact that they are not journalists, look at the number of people who want Chen to be protected and for Apple to get in trouble even though they were victimized. None of these are honest discussion on the merits of the issues. They are all polemics on Apple: love em' or hate em".



    Apple was victimized? It was their own fault one of their employs lost it at a bar.
  • Reply 17 of 77
    tulkastulkas Posts: 3,735member
    Quote:
    Originally Posted by Mac Voyer View Post


    I'm definitely frothing at the mouth to see this guy, and the publication, go down, HARD!



    that's what she said.
  • Reply 18 of 77
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by ogmudbone View Post


    Apple was victimized? It was their own fault one of their employs lost it at a bar.



    What a foolish response.



    Just because an employee misplaced an item doesn't give someone to take it and sell it to the highest bidder. That's why the law specifically states what you are required to do with found items.
  • Reply 19 of 77
    tulkastulkas Posts: 3,735member
    Sounds like the prosecution is having some trouble keeping their stories straight as to why they 'need' the information kept sealed. No wonder the judge last week washed his hands if it.
  • Reply 20 of 77
    Quote:
    Originally Posted by Tulkas View Post


    Sounds like the prosecution is having some trouble keeping their stories straight as to why they 'need' the information kept sealed. No wonder the judge last week washed his hands if it.



    Sounds like a lot of people are making a lot of noise based on rumor, speculation, and leaks of uncertain origin.



    Everyone just calm down and wait for this to actually go to court.
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