
Apple Co-founders Steve Jobs (left) and Steve Wozniak (right) phreaking with homemade blueboxes – image: woz.org. Jason Chen displays the next-generation iPhone, image: Gizmodo.com.
So are bloggers “real” journalists? This is a question that has long plagued the blogging community. It looks like this question may inadvertently be answered by a court of law. If you’ve been following the saga of how blogger, Jason Chen, leaked Apple’s next-generation iPhone on Gizmodo, you know that the story has taken a new direction.
An Apple engineer lost the new iPhone in a bar – it was found and then sold to Gawker Media, Gizmodo’s parent company, for $5,000. Soon after, Jason Chen posted pictures and video of the new iPhone online. Section 1070 that has historically protected journalists’ property from being confiscated is being tested. After police seized the iPhone, Chen claimed that he should be protected from the same rights as a journalist.
What fascinates me about this case is that the results of a snafu by Apple may ultimately change the course of open media online. Steve Jobs, Apple’s founder, in his youth helped to launch the social media movement as a Phone Phreak. Phreaks sniffed out telephone company test lines and conference circuits in order to host virtual seminars and discussions. So I’m left to ponder if Jobs’ actions against Chen are hypocritical – I suspect that Steve would have done the same thing as a young man. To see the open nature of blogging and civic journalism limited by a social media pioneer would be a shame.
Thanks to Mashable for first bringing this issue to light …
The tale of the engineer who lost the next-generation iPhone that was leaked across the web has taken a dramatic turn, one that could determine not only whether criminal charges are filed, but whether bloggers should be treated as journalists under the law.
Last Monday, gadget blog Gizmodo posted pictures and videos of what is most likely a prototype of Apple’s next-generation iPhone, which was lost at a bar by an Apple engineer. It was soon revealed that Gizmodo’s parent company, Gawker Media, paid at least $5,000 for the device. Controversy soon erupted over whether Gawker violated the law by purchasing the next-gen iPhone, as it could be construed as stolen property.
On Friday, police raided Gizmodo editor Jason Chen’s home and seized his computers as part of an investigation over whether purchasing and leaking the phone was indeed a crime. Now Gawker is claiming that the search warrant was illegal because it confiscated the property of a journalist, a protection granted in section 1070 of the Evidence Code.
The entire saga has brought a slew of legal, moral, and ethical issues that could impact the future of blogging and journalism. It depends on how the legal and criminal issues play out. Continue Reading