Does Apple Give Orders to California Law Enforcement?
Unhappy that a blogger got a hold of an iPhone prototype, Apple convinced a special police unit to raid the home of a journalist in the San Francisco Bay Area.
Officers from California’s Rapid Enforcement Allied Computer Team (REACT) in San Mateo, broke open the front door of Gizmodo editor Jason Chen’s home while he was away and proceeded to seize computers and other materials—in violation of both state and federal laws.
Legal experts say the federal Privacy Protection Act and the state shield law “prohibit the government from seizing materials from journalists and others who possess material for the purpose of communicating to the public,” according to Courthouse News Service.
Lawyers with the Electronic Frontier Foundation said police improperly used the warrant that a judge “never should have issued,” because of the faulty affidavit that was filed. When applying for the warrant, REACT did not inform the judge that Chen was a journalist. Authorities should have obtained a subpoena to gather specific information from Chen regarding the iPhone prototype, which the blogger’s company purchased for $5,000.
Supporters of Chen say the incident sends a chilling message to tech media and others about the power that Apple and other companies can wield with local enforcement. Apple officials reportedly urged police to go after Chen after he published a story based on his findings about the next generation of iPhone.
http://www.allgov.com/Top_Stories/ViewNews/Does_Apple_Give_Orders_to_California_Law_Enforcement_100624
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