I don't think a reasonable person can take anything Gizmodo says on this topic seriously any more.
I don't think a reasonable person can take anything Gizmodo says on this topic seriously any more.
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FWIW, I'd want there to be stricter rules for my phone than for my car. Yeah, my car might cost more, but it's insured, and there's nothing in there other than my name, address, phone #, and registration number, all of which are public data or the next thing to it. My phone contains much more compromising data, plus the ability to impersonate me via text to anyone that I have saved as a contact. If it's a smartphone, it's even moreso. If it's an iPhone, it's even moreso moreso.
I have an app on my Droid (and I'm sure there is an equivalent for the iPhone, BB, and others) that if I lose my phone, I can simply log onto the website and lock it down remotely. I can then trace the location via the GPS even while the phone is completely locked up. It also backs up phone on a regular basis.
But to the point - My opinion on the matter is this (based on the info I've read on several different sites)
The person who found the phone really didn't make what I would consider a 'due diligence' effort to located the lawful owner.
I do not have a problem with Gizmodo paying the $5,000 for the phone in theory, they openly admit their "checkbook journalism". (Whether you consider that journalism or not is an entirely different debate) However, it's still unclear just how much they knew about the situation before they purchased the phone. We're they told he contacted Apple? Or did they know he didn't make a solid effort? Regardless, I believe they are protected under the law in terms of not being subject to a 'raid'.
I do believe the person who found the phone is probably the most 'guilty' party in this situation.
I believe the "raid" on the Gizmodo Editors home was uncalled for, and most likely illegal based on the protections in the law for journalists and reporters in the Privacy Protection Act which shields them, even if the subject is under investigation for illegal activities.
I don't think that Apple has done anything wrong here. They aren't the ones who raided the house and even if they were called - do you really believe that anyone working in their call center or tech support centers who supposedly took the call would have the knowledge or resources to address that call in any way that would be reasonable considering the circumstances? No way.
Last edited by [AK]Hylander; 05-02-2010 at 06:31 AM.
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I disagree Apple didn't do anything wrong. If you lost your phone and called the police would you expect the same result? Of course not, Apple must have made this out to be a bigger issue than it was, to cover up the fact that a "douchebag" employee was at the bar and lost his phone.
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"The inherent vice of capitalism is the unequal sharing of blessings; the inherent virtue of socialism is the equal sharing of miseries." - Winston Churchill
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UPDATE: A sharp-eyed reader points out that the Wall Street Journal Monday quoted a deputy district attorney saying that Apple contacted authorities and "advised [them] there had been a theft," which, according to the Journal, led to the search warrant and the investigation.
Apparently Apple did call it in as a theft - this after it had been returned by people who found and then returned it, upon confirming that it was missing. Sounds like pure spite. My only hope is that the Gizmodo raid was not suggested by Apple. My hope is Apple was more interested in some pointed questions at the original finder - who IMHO does have some explaining to do. As to Gizmodo, whoever made that call was wrong. Why do subpoena's even exist, if even in a case where there was no burglary, they deem it appropriate to do a raid and seizure?
http://www.wired.com/threatlevel/2010/04/iphone-finder/
"A friend of Hogan’s then offered to call Apple Care on Hogan’s behalf, according to Hogan’s lawyer. That apparently was the extent of Hogan’s efforts to return the phone."
Yeah, my friend tried to return. Yeah.........
"“He made a mistake,” Bornstein added. “He should have just immediately turned that phone in.”
That's from his own lawyer.
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