EFF Believes Search and Seizure of Gizmodo Editor's Computers Was Illegal
Leaked images of next generation iPhone
LaptopMag spoke with the Electronic Frontier Foundation's Civil Liberties Director Jennifer Granick who believes that the search and seizure of Jason Chen's computer equipment violated both state and federal laws. Chen's equipment was seized by law enforcement officials surrounding an investigation of the lost next generation iPhone that had been leaked.
"There are both federal and state laws here in California that protect reporters and journalists from search and seizure for their news gathering activities. The federal law is the Privacy Protection Act and the state law is a provision of the penal code and evidence code. It appears that both of those laws may be being violated by this search and seizure."
While some have suggested that this may not apply if they were investigating Gizmodo for criminal activity, the EFF says it doesn't matter and the shield laws apply anyway.But even if they are saying it was unlawful, the statute appears to say it doesn't matter. The crime that you're investigating cannot be receipt of that information or materials.
Based on a report by TechCrunch, it appears the San Mateo County District Attorney's Office is acknowledging that the shield protection laws may still be valid. The investigation has reported to have come to a pause as they reevaluate whether or not those shield laws do apply in this situation.Top Rated Comments
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SWEET!
Neat. So I can knowingly acquire stolen property (pay for it), tear it apart, photograph it and not worry about going to jail as long as I am a journalist?
SWEET!
Get a good lawyer. Not that big of a deal.
Steve
Sent from my iPhone 4G
Neat. So I can knowingly acquire stolen property (pay for it), tear it apart, photograph it and not worry about going to jail as long as I am a journalist?
SWEET!
sigh... I know there's a race to try to post to be funny/cute/whatever... but if you took a second to read:
No, this simply says they can't use a warrant to get the information (they have to subpoena you). You could presumably still go to jail.
arn
Neat. So I can knowingly acquire stolen property (pay for it), tear it apart, photograph it and not worry about going to jail as long as I am a journalist?
SWEET!
Exactly. It's really sad (in a sad way, not sarcastic) when a great organization like EFF contends that what Gizmodo did was "journalism." EFF is no better than Gizmodo here... they obviously want in on this for page clicks and PR.
Or are the Police going to seize a cloud.
\
sigh... I know there's a race to try to post to be funny/cute/whatever... but if you took a second to read:
No, this simply says they can't use a warrant to get the information (they have to subpoena you). You could presumably still go to jail.
arn
I wasn't trying to be first or funny. Thanks for thinking I was though.
Second, from what I am reading - journalist have a "shield" protecting them from search and seizure. Going to jail comment was incorrect wording. Perhaps this would be better - if I am a journalist, I have more "protection" from doing "wrong" yet I can still be punished. Just takes longer. ;)
That work for you?
Neat. So I can knowingly acquire stolen property (pay for it), tear it apart, photograph it and not worry about going to jail as long as I am a journalist?
SWEET!
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