4 ms·
This analysis hinges on some large assumptions. First, Chen must be considered a professional journalist, and securing journalist protections for bloggers seem
by ynniv 17y ago
This analysis hinges on some large assumptions.
First, Chen must be considered a professional journalist, and securing journalist protections for bloggers seems to be actively pursued by the EFF (a conflict of interest to keep in mind).
Second, he must not have directly committed a crime himself, and receiving stolen goods is a crime. The claim that this was "lost" property may be the argument of the defense, but any case based on this seizure will surely claim that the phone was stolen. The evidence will be searched to determine Chen's knowledge of the phone's procurement.
- johSho7w 17y agoHow's that a conflict of interest? It's valid context, but in what ways are EFF obligations in conflict?
- jcl 17y agoYes, "conflict of interest" is not quite the right term. He probably meant something like "source of bias".
- inferno0069 17y agoRegarding the second, the article says (regarding the PPA's protections for journalists): The PPA includes an exception for searches targeting criminal suspects (which Chen may or may not be), but that exception does not apply "if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein."
- dkarl 17y agoSecond, he must not have directly committed a crime himself It looks like he is not covered by the Privacy Protection Act unless the iPhone prototype considered "documentary material" (similar to "photos and video") which doesn't sound likely. However, the paragraph discussing "California Penal Code Section 1524(g)" says the government is not allowed to seize "'notes, outtakes, photographs, tapes or other data of whatever sort,' if that information was 'obtained or prepared in gathering, receiving or processing of information for communication to the public.'" No restrictions to that law are mentioned.
- ryoshu 17y agoApple gave Gizmodo bloggers press passes to Apple events, so Apple seems to believe they were part of the press.
- gridspy 17y agoJust because you invite someone to your party doesn't mean they are your friend. Handing you a press pass is simply the easiest way to tell my security that you are allowed in. It doesn't mean that it makes you a member of the press.