Does The Shield Law Apply For Gizmodo’s Jason Chen?

Last week, I reported that Apple contacted local authorities concerning Gizmodo purchasing an iPhone prototype that did not belong to the seller.

Friday April 23rd, Jason Chen and his wife were returning home from dinner around 9:45 PM to find the police inside of his house. They had busted his door down. The police served Chen with a warrant and confiscated 4 computers, 2 servers, an Apple iPhone, a digital camera, bank records, and emails that were printed. No charges have been filed yet.

California Shield Law

The debate here: Is Jason Chen covered by California’s Shield Law? Is he covered by The Federal Privacy Protection Act?

California’s shield laws protect journalists (including bloggers) from having to turn over their sources and unpublished information they have collected as part of a story. But if Gizmodo or Chen has committed a crime, then the Shield Law may not apply. It depends on which “expert” you ask. The prosecutor on this case feels that the shield protection laws does not apply, so that is why the raid was executed. But after the raid, Gizmodo’s attorneys submitted reasons why they believe Chen should be protected. The investigation is on hold for now. The DA will now reevaluate whether those shield laws do apply or not and will move forward with the investigation in a few days.

Different websites and media outlets covering this story are taking different views on it. Some “experts” are saying that the California Shield Law does not apply if a crime was committed, and some “experts” are saying that The Federal Privacy Protection Act protects Chen. An article on wired.com states:

“Jennifer Granick, civil liberties director for the Electronic Frontier Foundation, said Chen is protected from a warrant by both state and federal laws.

The federal Privacy Protection Act prohibits the government from seizing materials from journalists and others who possess material for the purpose of communicating to the public. The government cannot seize material from the journalist even if it’s investigating whether the person who possesses the material committed a crime.”

So I looked up The Federal Privacy Protection Act and also found:

“Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize documentary materials, other than work product materials, possessed by a person in connection with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if – (1) there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate

I figure we will hear and read about “expert” opinions for the next several weeks on this issue. Gizmodo wanted publicity, and paid $5000 for an iPhone 4.0 that did not belong to the person selling it, and now they are getting plenty of publicity. Is it good or bad publicity? It depends on who you ask.

Follow me on Twitter or Facebook and let me know what you think about Jason Chen’s situation: Is Jason Chen in the clear with applying the California Shield Law and The Federal Privacy Protection Act, or is Chen’s goose cooked?

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

Hud Appoints Shai Alani as VP Marketing to Advance Runtime Intelligence for the AI Coding Era

Artificial intelligence has dramatically accelerated how software is written,...

How to vet fire safety equipment wholesale for large construction bids

  Key Takeaways Check scope early. A fire safety equipment...

Understanding Vertebral Artery Dissection: Causes, Symptoms, and Prevention

  Key Takeaways Vertebral artery dissection (VAD) is a rare...

Optimizing Key Recruiting Funnel Metrics for Better Hiring Outcomes

Table of Contents Why Are Recruiting Funnel Metrics Important? ...

What Is a Provisional Patent Application? A Plain-English Definition

A provisional patent application secures an early USPTO filing date and lets an inventor use the term patent pending for 12 months. Here is what it does, what it does not do, and how it fits the path to a patent.

Raised by the Streets: Growing Up Hardcore in New York’s Lost Generation

Russell W. Dickson recalls New York Hardcore, Gen X bonfires, clubs, mosh pits and subway rides before social media.

Related Articles

Popular Categories