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Police raid Gizmodo editor's house

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Re: Police raid Gizmodo editor's house

#71
post #16

Section 1070 California Evidence Code protects sources of information from discovery by the state. It does not protect evidence related to the commission of a crime. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&#...

What crime? The gent who found the phone called Apple repeatedly to give it back and was ignored.

Re: Police raid Gizmodo editor's house

#72
post #29
post #6

So much for the 'clever marketing ploy' theory.

No such thing as bad publicity. Imagine gizmodo's ad revenues for today!

Imagine them being included in calculations of penal fines, while you're at it. If a conviction ensues the value of Gawker's increased traffic and ad revenue will surely be scrutinized to determine the extent of their economic benefit.

Re: Police raid Gizmodo editor's house

#73
post #20

An important New Jersey appellate court decision, interpreting New Jersey law, just came down ruling that bloggers are not journalists and are not entitled to the protection afforded by the shield laws. (See the write-up here: http://www.law.com/jsp/article.jsp?id=1202451742674&No_R... ). Regardless of the legality of this particular search, this confirms that the authorities are likely looking at this as a felony in…

They're in California, not New Jersey, where the only precedent is in favor of bloggers: http://scholar.google.com/scholar_case?case=7322507115485901...

Not surprisingly, Apple was involved that time too.

Re: Police raid Gizmodo editor's house

#74
post #20

An important New Jersey appellate court decision, interpreting New Jersey law, just came down ruling that bloggers are not journalists and are not entitled to the protection afforded by the shield laws. (See the write-up here: http://www.law.com/jsp/article.jsp?id=1202451742674&No_R... ). Regardless of the legality of this particular search, this confirms that the authorities are likely looking at this as a felony in…

The Economic Espionage Act of 1996 is a federal law. If that was what triggered the search he'd have FBI agents at his door not San Mateo PD.

This is clearly about finding the person who stole the phone.

Re: Police raid Gizmodo editor's house

#75

Earlier quoted context omitted.

Friendly reminder: Everyone should always have an offsite backup! (one which they've practiced restoring!)

How do you practice a restore on a backup that you don't quite know for sure is a usable backup? That's a big fear of mine. I'm not about to wipe my system clean and hope the test works 100%.

Depending on your OS you could create a VM and restore to that.

Re: Police raid Gizmodo editor's house

#76

Earlier quoted context omitted.

Friendly reminder: Everyone should always have an offsite backup! (one which they've practiced restoring!)

How do you practice a restore on a backup that you don't quite know for sure is a usable backup? That's a big fear of mine. I'm not about to wipe my system clean and hope the test works 100%.

That's why I like continuous checksum (ie, rsync) type backups.

Re: Police raid Gizmodo editor's house

#77
post #16

Section 1070 California Evidence Code protects sources of information from discovery by the state. It does not protect evidence related to the commission of a crime. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&#...

lesson for next time: "we received these pictures and all this information from an anonymous source"

Re: Police raid Gizmodo editor's house

#78
post #71
post #16

Section 1070 California Evidence Code protects sources of information from discovery by the state. It does not protect evidence related to the commission of a crime. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&#...

What crime? The gent who found the phone called Apple repeatedly to give it back and was ignored.

Why didn't he do something reasonable, like turn it into the bartender or the police?

Re: Police raid Gizmodo editor's house

#79

Let this possibly be a lesson. Use encryption. If you're on a mac, go, right now, and tick the FileVault checkbox. Windows users go download TrueCrypt and turn on whole-disc encryption. The law in this country is so complicated that, increasingly, it doesn't matter if you've broken the law or not. I don't side with Gawker. But I do know that if you have years of browsing history lying around, surely there's something…

What is your plan for when the judge tells you to supply the decryption key?

Re: Police raid Gizmodo editor's house

#80
post #71
post #16

Section 1070 California Evidence Code protects sources of information from discovery by the state. It does not protect evidence related to the commission of a crime. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=evid&#...

What crime? The gent who found the phone called Apple repeatedly to give it back and was ignored.

Didn't he/she know the engineer's name? And have his facebook profile?
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