Even in a media environment as frenetic as the one in which we currently reside, the speed with which technology news site Gizmodo somehow became a martyr is remarkable. On the morning of April 19, Jason Chen, Gizmodo’s editor, announced that the site had “found” a prototype of the next edition of the Apple iPhone and proceeded to post pictures, videos, and detailed technical specifications of the device. The site followed up that evening with an account of how Gizmodo “found” the device. In short, an Apple employee—whom Gizmodo outed, even posting a couple of his Facebook photos—brought it to a bar, where he left it by accident. Another bar patron proceeded to steal the device and sold it to Gizmodo for $5,000. The same day, Apple demanded the device returned, and Gizmodo agreed. That Friday, April 23, police obtained a search warrant for Chen’s residence and seized several computers, hard drives, and other electronics.
Given that Chen likely used at least some of these devices to arrange payment for the iPhone, they are certainly relevant to any investigation into both the initial theft and Chen’s purchase of the stolen goods—a crime punishable by a year’s jail time in California. But rather than accept that people who commit felonies tend to get search warrants exercised against them, activists and media outlets reacted to the search by leaping to Chen’s and Gizmodo’s defense. The Electronic Frontier Foundation, a generally admirable civil libertarian group focused on protecting rights online, declared the search warrant illegal, agreeing with Gizmodo’s belief that California’s shield laws intended to protect journalists meant that police could not seize computers containing Chen’s notes and data. A representative of the Reporters Committee for Freedom of the Press called the search “an incredibly clear violation of state and federal law.” Jon Stewart of “The Daily Show” even got in on the act, mocking the police for giving Chen the “meth lab in the basement treatment” and implicitly referring to Apple’s lawyers as “Appholes.” On both a legal and moral level, the reaction is bizarre.
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