Personally, I don't think you should go to prison. If, say, this guy had conspired to break into Apple and steal this thing or stalked the engineer and thieved

Personally, I don't think you should go to prison. If, say, this guy had conspired to break into Apple and steal this thing or stalked the engineer and thieved it outright, then there is a difference. I don't know and don't care if there isn't one by law, it's just not the same. I think this guy made a bone head decision. I think Gawker did too. I also think mistakes happen and that punishment should fit the crime. What do we know about this crime and the damage it did? It's hard to gauge, but I don't think it's so criminal that people belong in prison for it. This wasn't the nuclear launch codes.