“Against a backdrop of lost, unreleased devices and allegations that employees impersonated policemen, Apple forced the company’s chief of security into retirement, according to a source with knowledge of the situation. John Theriault, a former FBI agent who came to Apple from Pfizer in 2007, was the man in charge of Apple’s security unit during a span that saw the company embarrassed multiple times when important trade secrets were exposed,” Declan McCullagh and Greg Sandoval report for CNET.
“The most recent high-profile security goof occurred in July, when two of Apple’s investigators went searching for another missing unreleased handset. In August… CNET reported that Apple’s security personnel went to San Francisco police and told them that an employee had lost a ‘priceless’ unreleased phone, again in a bar, and that they had electronically tracked the device to a home in the city’s Bernal Heights neighborhood,” McCullagh and Sandoval report. “When plain-clothes officers and the Apple employees visited the home, Sergio Calderon, 22, acknowledged being at the bar the night it went missing but denied any knowledge of the device. David Monroe, Calderon’s attorney, told CNET that badges were flashed and Calderon was informed that if he didn’t voluntarily submit to a search of his home, car and computer, a search warrant would be obtained. Monroe said Calderon agreed to the search but wouldn’t have had he’d known it would be conducted by Apple employees.”
McCullagh and Sandoval report, “Monroe said last month that if he didn’t get answers from the police and Apple about the incident, he would file suit. Monroe said previously and repeated today that he and Apple are in negotiations. But forcing Theriault out now, with possible litigation hanging over Apple’s head, could be a risky move…”
Read more in the full article here.
Monroe has a damned nerve. If a trace led the team to his apartment, then the phone was there despite Monroe’s arrogant response. Seems to me he’s lucky not to be looking at time in jail. Apple guys, police, what the hell is the difference?
(Did they find the phone?)
in that case, may i go through your things? my tracking system tells me my chia pet wandered into your living room.
They did NOT find the iPhone when they searched his apartment. Plus, why would he go to jail? There is NO evidence that he stole the iPhone, or that he even had it. It’s not like the iPhone’s GPS is accurate to within a foot or two.
Apple screwed up here. And Apple will have to pay him some nice settlement, combined with a confidentiality agreement, so he goes away. The sooner the better.
You’re new to the US, aren’t you?
That may be how the police operated in the old country, but that is not how they are supposed to operate here.
and these weren’t even the police. apple employees are no more than private citizens searching another private citizen’s home under a false claim of authority.
how’d you like your neighbor to rummage through your house, because they said so?
However:
1) Police was there to accompany Apple’s staff;
2) DMCA gave the rights for company workers to check private properties if owner agrees;
3) The owner voluntary agreed his house to be searched.
So this situation does not look that wrong legally. However, many consider DMCA as an abusive, repressive measure that goes against Constitution.
“many consider DMCA as an abusive, repressive measure that goes against Constitution.”
Of course. It is another of the ‘HATE THE CUSTOMER’ perpetrations by the Corporate Oligarchy that indirectly runs the US government. It is entirely self-destructive, evident in our continuing economic depression (or slow recovery, however you wish to put it).
If this case were strictly about the DMCA, this event would have constituted ‘illegal search” without seizure, a violation of the US Constitution. But the Monroe let them in.
Where the law DOES come into play, where Apple will theoretically get nailed, is simple old ‘impersonating an officer.’ I’ve seen nothing to contradict this being the case. The DMCA does NOT cover impersonating an officer. No one can do that in public. If the Apple employees had been honest, which apparently they were not, THEN the DMCA could have been used as defense.
IOW: Monroe has the right to press charges, and he would win. Whoever authorized Apple staff impersonating officers is a blithering idiot who belongs in jail. The fact that Theriault was tossed out on the street indicates that HE ALONE made the decision and that Apple are throwing him to the wolves. Apple are pointing out that no one else in the company was involved, apart from the impersonators themselves. This sounds like an excellent strategy IYAM. It is indeed admitting the guilt of Theriault, which is presumably the strategy.
But we shall see.
No trade secrets were revealed. He probably thought it was another iPhone 4, much like millions of others who think the same and will give the 4S a miss.
Their loss.
Why isn’t the REAL ‘Ballmer’s left nut’ responding to this impersonator?
Yes folks, this poster is just another anonymous coward troll. Dime-a-dozen.
To “grhakl” above:
Are you that much of a moron? Why would he go to jail? Because a “search” led them there to find nothing?
Yeah, “Apple” “police” – “what’s the difference?” I won’t even acknowledge such an idiotic statement with a response. That comment is one of the dumbest, most idiotic stupidities I have ever heard.
I hope to God you are not college educated. If you are, they should retract your clearly undeserved degree. If only for stupidity. Perhaps they can send over some representatives to trifle through your stuff. I mean, your comments show your stupidity and a simple trace of your email will surely confirm the level of your denseness and idiocy.
College guys, police – what’s the difference?
Translation: “I didn’t steal it and promise not to steal one again in the future.”
“And because you didn’t find the iPhone, I wanna be a rich thief.”
(That’s my take. Just my opinion, you know. Please don’t sue me.)
there was no evidence the guy ever had the phone beyond a GPS signal.
heck it could have been someone visiting or the real thief could been sitting out by the curb in his car fiddling with it long enough for Apple to get a location read on it.
who knows and its good they kicked this nazi style security officer to the curb. he is a liability to customer trust in the brand rolling like that.
So a GPS signal pointed to Monroe’s home and he had been in the bar when it was lost? Quite a coincidence!
It’s possible that a friend of Monroe found the iPhone and accompanied Monroe back to his home that evening, but there aren’t a lot of logical explanations for the ‘coincidence’ that don’t involve Monroe. Yet, it appears that his rights were violated. If I were Apple, I would offer him a generous settlement … and double the amount for the rest of the story.
Kind of funny when you think about all those TV shows where the cops show their disdain for the FBI. Usually the FBI are protrayed as agressive, meddlesome jerks who look down their noses at everyone. They allways have an agenda that doesn’t necessarily coincide with “truth, justice and the American way. ” Much to the chagrin of the hero. In this case, perhaps, the ex-FBI. Goon was too much of a loose cannon. Apple didn’t get where it is today by ingnoring moral issues. Apple needs to protect its integrity in order to stay on top.
I think what happened is within the legal limits of the law.
First the lost iPhone was traced to Sergio’s home, not the bar! Apple security employees were present with the officers in an attempt to recover the missing phone. His place was legally searched because Sergio “gave” permission. Apple employees where not impersonating anyone because real police where there to keep things legal.
Monroe is like any attorney you throw money at. He will do whatever you say as long as you pay him. Unless the investigation into Sergio’s home caused damage, what’s to sue about. All parties operated according to the limits of the law.
Lastly, Theriault was let go because he didn’t meet the super high standards of Apple. This shouldn’t of happened in the first place.