After nearly a year, the criminal investigation into Gizmodo.com‘s acquisition of a lost (and possibly stolen) iPhone 4 prototype will soon be complete, CNet reports. Authorities say they plan to release their report on the matter as soon as next month.
According to San Mateo, California, district attorney Stephen Wagstaffe, who spoke with CNet, “the investigation is ongoing,” but that investigators are conducing their final interviews of the case, and should present their findings to him shortly.
For those of you who don’t remember what has already become one of the most infamous stories in technology reporting history: The investigation centers around Gizmodo‘s purchase of an iPhone 4 prototype, lost at a Redwood City bar by 28-year-old Apple computer engineer Robert Gray Powell. The phone was found by 22-year-old college student Brian Hogan, who sold the phone to Gizmodo editor Jason Chen for $5,000.
Because Hogan sold the phone to Chen, the investigation has centered around whether this constitutes the exchange of stolen property — even though Hogan found the phone.
While no charges have yet been brought against Gawker Media, owner of Gizmodo, Chen or Hogan, it’s possible that all three could find themselves slapped with felony charges — Gawker Media and/or Chen for purchasing stolen property, Hogan for selling the phone rather than making a concerted effort to return it to its rightful owner (Apple).
Court documents show that Apple pressed San Mateo police to pursue the case a day after Gizmodo published photographs, video and details of the device. Soon after, police obtained a search warrant for Chen’s home, and confiscated various computers and other electronics as evidence for the investigation.
Because sale of the next-generation iPhone prototype involves a media organization, which has some robust protections under the Constitution’s First Amendment, the case is less than straightforward. It it not yet clear, however, whether Gawker Media, or Chen, are protected in this case.
Hogan may have less of a chance of avoiding charges, since California law seems to clearly state that anyone who “appropriates [found] property to his own use” is guilty of theft.
As for Powell, who lost the phone, CNet reports that his LinkedIn profile still shows that he works at Apple.
it is also clear under california law that receiving stolen property, even if you are a reporter, can result in charges…
why you said it is "unclear" is not "clear"…
(everyone clearly knew who's it was, and how it was obtained… ) except that it also may have been lifted from a bag rather than left behind.
either way, the person could easily have returned it or turned it in, and the reporter could have also not only refused the "stolen" property, but also could have turned it in… but instead tried to extort an Apple statement for their publication…
First amendment rights do not cover reporters that are invovled in a crime.
As my personal opinion, I would agree with you in that assessment. However, since this is still an ongoing investigation, and no charges have been filed against anyone involved, we have to say it is "not clear" whether they are protected. Whether they are or are not, I assume, is for the courts to decide, not Digital Trends.
They won’t charge him. Know why…..I did it! Ha ha! And I’m gunna steal the iphone 5! And you wanna know what’s even funnier?! They can’t stop me!! What loosers! Woo-hoo! And if they don’t like that,I’ll steal their iphone 6 too! Y’all suck! Lmmfao
They won’t charge him. Know why…..I did it! Ha ha! And I’m gunna steal the iphone 5! And you wanna know what’s even funnier?! They can’t stop me!! What loosers! Woo-hoo! And if they don’t like that,I’ll steal their iphone 6 too! Y’all suck! Lmmfao
it’s nearly over.. they’re gonna upgrade to iPhone 5 soon..
it’s nearly over.. they’re gonna upgrade to iPhone 5 soon..
Still on this? :/
Still on this? :/