Groups move to make Gizmodo iPhone case public
updated 11:00 am EDT, Wed May 5, 2010
Could help settle shield law controversy
Several groups say they intend to make public details of a detective's affidavit, used to obtain the warrant for a raid on a Gizmodo editor's home. CNET, the First Amendment Coalition and some "prominent news organizations" are later this week expected to ask a judge to unseal the affidavit, which has been kept sealed for almost two weeks. California law mandates that warrants should be made public no later than 10 days after signing, says CNET.
The groups claim they hope to learn whether prosecutors and the Superior Court judge, Clifford Cretan, considered state shield laws before before the raid. Journalists are generally protected from searches aimed at revealing their sources. There has been some question, though, as to whether Gizmodo editor Jason Chen can be classified as a journalist, and not just a blogger, though some Apple bloggers have successfully earned protection in the past. If Chen himself is accused of criminal wrongdoing rather than just the source, shield laws could offer no safety.
Challenging the basis of the warrant could serve the interests of media organizations, making it safe to report on leaks such as that of the next-generation iPhone. Gizmodo paid $5,000 to examine the device, which was taken by someone at a bar, where it was accidentally left behind by Apple engineer Gray Powell. Neither the finder nor anyone at Gizmodo have been accused of a crime so far.
Fresh-Faced Recruit
Joined: Jan 2005
Stolen, not Lost
Gizmodo paid $5000 *for* the device, and knew they were receiving (and buying) stolen merchandise. All the crying and deflecting over shield laws doesn't matter - it's Chen that is considered the criminal, and his and Gawker's involvement are being investigated. This isn't about protecting sources, particularly since the 'source' is already well known (and singing), thanks to Wired's piece.