Thomas Nolan Jr., veteran criminal defense attorney from Nolan, Armstrong & Barton in Palo Alto, Calif., will represent the blogger who writes for the popular Gawker network.
Authorities are believed to be probing whether a crime was committed — and by who — when Gizmodo paid $5,000 for an Apple iPhone prototype that it said had been found in a Redwood City, Calif., bar. Gizmodo published detailed descriptions and photographs of the phone and then returned it. Police seized laptops, flash drives and credit card statements from Chen’s Fremont, Calif., home in a Friday raid,” Zusha Elinson reports for Law.com.
“Nolan said Tuesday that he didn’t know if Chen is the target of the investigation,” Elinson reports. “‘I don’t know whether he’s the target of the criminal probe or whether they’re trying to get information about sources from him,’ said Nolan. The lawyer added that ‘there’s a serious question about the propriety of issuing a search warrant for a journalist.'”
MacDailyNews Take: By SteveJack: If Jason Chen is a journalist… Howdy, I’m Edward R. Murrow! Nice to meet you. You can call me Ed. Good night, and good luck.
Elinson reports, “Gawker has also hired Thomas Burke, a First Amendment specialist from Davis Wright Tremaine. Burke and Gawker COO Gaby Darbyshire met with San Mateo County Chief Deputy District Attorney Stephen Wagstaffe on Monday morning to argue that Chen’s computers are protected under California journalism shield laws.”
Full article here.
[Thanks to MacDailyNews Reader “Spark” for the heads up.]
First smart thing he’s done in his LIFE!
Gizmodo had to know this was coming. And they did. Why else do you think they sat on the iPhone 4 for over a week. It’s so that their lawyers could look into the case and decide whether or not they could win.
I for one hope that they do. It’s an iPhone, it’s not like they sold military movement plans to the Taliban.
Jason Chen looks like a constipated turtle with more than a touch of mongolism.
Somebody had to say it.
Hey! If these guys are innocent journalists, why hire all the high priced help?
That’s the first smart thing he’s done in this entire fracas.
-jcr
Note to self: Use the word ‘imbroglio’ more.
Before Apple orchestrated this PR coup: new iPhone = the next upgrade of Apple’s phone – some new features but likely to produce only the usual update stories in the media, if at all.
After the stunning, ongoing PR success: new iPhone = so important to life as we know it, in an effort to protect its profound secrets, a police strike force entered a private residence, confiscated everything, the local DA moves the crime to high priority, and preparation has begun to shut down a bar, kill off a gizmo company and remove the criminals (bunch of kids) from society so we will all be safer.
Hats off to Master of Ceremonies Steve Jobs – you have outdone yourself. Question: has any of this surpassed your expectations or do you consider it on schedule, as planned?
Note to self. Become a journalist.
Then do what ever I want and ignore all laws.
did jason chen go to journalism school? probably not
@ Dallasm,
If these idiots had talked to a Lawyer they would have walked away from Apple’s prototype like Wired and Engaget did.
It’s a prototype iPhone and it does contain Millions of dollars worth of Apple’s Intellectual Property. It wasn’t just a lost phone.
It was a trade secret, just as important to Apple as battle plans are to the US Military.
Go shit disturb elsewhere.
I appreciate that MDN admits they’re not a journalist.
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Chen allegedly committed a crime way outside of the protection of shield laws. It’s criminal, and his innocence or guilt will be proven on the evidence, not whining about First Amendment rights that don’t apply here.
Everyone on Gizmodo’s side of this will continue to obfuscate this imbroglio (there you go C1) by attempting to make this a “journalist” and “shield law” issue. It’s not. It’s about buying stolen property (fencing) and trade secret law. Gizmodo is in for a world of hurt.
Chen will take it on the chin.
Nothing will get Jason Chen the imbrogliare off.
He asked for it, heck he begged for it.
Yeah, whether he’s a journalist or not, California’s shield laws don’t give him the right to break the law. They specifically deal with issues related to journalists giving up their sources.
If the police search was intended to reveal the identity of the person who sold the iPhone to Gizmodo, then it may be illegal under the shield law. But if it was intended to secure evidence related to crimes the journalist may have committed — receipt of stolen property, theft of intellectual property — then shield laws have no relevance.
The main disturbing thing about the warrant is that it didn’t appear to contain an explanation, allowing the police and prosecutors to retrofit a legal rationale that would fit. We also see the same sort of confusion in coverage of the issue, which often seems to discuss Gizmodo’s alleged wrongdoings and then brings up the shield law. The shield law should only be considered when talking about the identity of the source.
There are definitely some crimes committed here by at least two different people.
It is the press’s persistence in following up on this that is amazing. In fact, most of the details revealed about the phone have disappeared into the distant background. Who would have thought that this story would have had such great legs. Apple appears innocent in all this although some will suspect that they in some way orchestrated it. You can’t by this kind of press. Steve must be over the moon!
If a blogger is a journalist, then everyone with a blog is a journalist. Which in turn means that basically no one is. We have special protections for the press for a reason, and if we extend that to everyone then it becomes meaningless.
“Everyone’s special, Dash”
“Which is another way of saying no one is.”
This sure beats watching the soaps. Can’t wait for the next episode.
You’re an idiot. Seriously. An idiot. What lawless universe do you live in?
This has nothing to do with journalism and everything to do with whether a crime was committed or not.
Giz already established – on their own site – that they knew the value of the item and the identity of the owner. These 2 facts alone are pretty damning.
I’m sure Gizmodo made – and continues to make – quite a bit of money off of this fiasco. I hope that’s quantified when it’s time to award damages. If I’m Gray Powell, I’m #2 in line for a punitive payday. That young man’s entire future is trashed due entirely to the actions of Gizmodo.
You see, for Dallasm it’s ok if I hack into his personal email account and publish all his private intimate emails with his girl/boyfriends, his buying history and credit card numbers on my blog which is read by millions of people.
Hey it’s just emails.
So any nut case with his own URL and a blog on the web is a certifiable, Journalist?
This should be an insult to real Journalists everywhere.
MacRaven:
You mean all 10 of ’em?
@Ubermac
That and some lockup time would be fitting. Plus, Powell should get all of Gizmodo’s money.
You can be sure if other assholes want to blog about stolen devices in the future, they will have to think long and hard about it.
Steve Jobs is going to have Chen the Chin’s ass.