Finder of Lost Next-Generation iPhone Identified [Updated]
Brian J. Hogan, a 21-year-old resident of Redwood City, California, says although he was paid by tech site Gizmodo, he believed the payment was for allowing the site exclusive access to review the phone. Gizmodo emphasized to him "that there was nothing wrong in sharing the phone with the tech press," according to his attorney Jeffrey Bornstein.
While the San Mateo County District Attorney's Office has spoken with Hogan and is continuing to examine the case to determine whether criminal charges are warranted, Hogan has yet to be charged with any crime.According to the report, Hogan was only able to access the device's Facebook application before it shut down, and only later did he discover that he was in possession of a prototype device. A friend of Hogan's reportedly called AppleCare on Hogan's behalf in a failed attempt to return the iPhone, which appears to be the extent of Hogan's effort to return the phone to its owner.
"He regrets his mistake in not doing more to return the phone," says Bornstein's statement. "Even though he did obtain some compensation from Gizmodo, Brian thought that it was so that they could review the phone."
After Gizmodo published a feature article on the next-generation iPhone, Apple representatives attempted to search Hogan's home, but were turned away by a roommate. Law enforcement officials then became involved in the situation at the request of Apple. In addition to Hogan, investigators have also focused on Gizmodo editor Jason Chen, seizing a number of items from his residence in what the Electronic Frontier Foundation calls an illegal search.Update: CNET reports that it has identified UC Berkeley student Sage Wallower as the "middleman" who contacted tech sites on Hogan's behalf regarding the lost iPhone. CNET also believes that there was a third person involved in the situation.
In an in-person interview with CNET at his home in Oakland on Thursday, Wallower said, "I'm not the person who found it. I didn't see it or touch it in any manner. But I know who found it." He declined to identify anyone else, however, in part because he said conversations with law professors had convinced him that Apple was a "legal juggernaut."
"I need to talk to a lawyer," Wallower said. "I think I have already said too much."
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"His attorney says he recently transferred schools and will resume his college education in the fall. He has been working part time at a church-run community center giving swimming lessons to children and volunteered at a Chinese orphanage last year while he was enrolled in a study-abroad program.
Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mWvCXrAU"
Okaaaay. So he's a fine upstanding Christian boy. And a thief. Why am I not surprised.
http://www.wired.com/threatlevel/2010/04/iphone-finder/
"His attorney says he recently transferred schools and will resume his college education in the fall. He has been working part time at a church-run community center giving swimming lessons to children and volunteered at a Chinese orphanage last year while he was enrolled in a study-abroad program.
Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mWvCXrAU"
Okaaaay. So he's a fine upstanding Christian boy. And a thief. Why am I not surprised.
Really? I am a Christian myself, but was that sentence necessary? Obviously, he feels bad about it, and while it may be wrong what he did, it's not like he bought the iPhone for $5,000. ;)
How many people on this board would, if finding a next-gen iMac prototype, wouldn't immediately post it on MacRumors?
He made some effort to return it, and realized what he had and sold it to the journalist with the mindset of giving them an exclusive, not trying to move stolen goods.
He probably wasn't very familiar with laws on lost goods. He probably called Gizmodo and tried to get some money in exchange for a story, and was talked into celling it to them. Per the story:
Brian J. Hogan, a 21-year-old resident of Redwood City, California, says although he was paid by tech site Gizmodo, he believed the payment was for allowing the site exclusive access to review the phone. Gizmodo emphasized to him “that there was nothing wrong in sharing the phone with the tech press,” according to his attorney Jeffrey Bornstein.
Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mX1WktOX
A naive kid who stumbled into something bigger than him. 90% of the boards probably would've done something similar.
I probably would have tried to sell Gizmodo photos and videos myself before returning the phone. I'm not under NDA from Apple, I have no obligation to keep it secret after I return it.
I don't think it's worth ruining his life by arresting him for theft over this.
How many people on this board would, if finding a next-gen iMac prototype, not immediately post it on MacRumors? Heck, people practically fantasize about doing this, making up mockups and fakes.
He made some effort to return it, and realized what he had and sold it to the journalist with the mindset of giving them an exclusive, not trying to move stolen goods.
He probably wasn't very familiar with laws on lost goods. He probably called Gizmodo and tried to get some money in exchange for a story, and was talked into celling it to them. Per the story:
Brian J. Hogan, a 21-year-old resident of Redwood City, California, says although he was paid by tech site Gizmodo, he believed the payment was for allowing the site exclusive access to review the phone. Gizmodo emphasized to him “that there was nothing wrong in sharing the phone with the tech press,” according to his attorney Jeffrey Bornstein.
Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mX1WktOX
A naive kid who stumbled into something bigger than him. 90% of the boards probably would've done something similar.
I probably would have tried to sell Gizmodo photos and videos myself before returning the phone. I'm not under NDA from Apple, I have no obligation to keep it secret after I return it.
I don't think it's worth ruining his life by arresting him for theft over this.
Apple representatives attempted to search Hogan's home
Sorry, what?he should be punished by apple..
You believe that corporations should be granted authority to directly punish citizens, with no involvement by the authorities, yes?
Really? I am a Christian myself, but was that sentence necessary? Obviously, he feels bad about it, and while it may be wrong what he did, it's not like he bought the iPhone for $5,000. ;)
He feels bad that this is causing problems for him, that's all.
After Gizmodo published a feature article on the next-generation iPhone, Apple representatives attempted to search Hogan's home, but were turned away by a roommate.
So Apple knew his identity all along? This statement seems odd.
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