Last Friday night, California’s Rapid Enforcement Allied Computer Team entered
editor Jason Chen’s home without him present, seizing four computers and two servers. They did so using a warrant by Judge of Superior Court of San Mateo. According to Gaby Darbyshire, COO of Gawker Media LLC, the search warrant to remove these computers was invalid under section 1524(g) of the California Penal Code.
editor Jason Chen’s home without him present, seizing four computers and two servers. They did so using a warrant by Judge of Superior Court of San Mateo. According to Gaby Darbyshire, COO of Gawker Media LLC, the search warrant to remove these computers was invalid under section 1524(g) of the California Penal Code.Wired quotes an expert that the warrant was invalid:
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.
That point has apparently has the investigation paused, even as it is poised to expand. Henry Blodget has the letter from Gawker COO Gaby Darbyshire describing the law and requesting that the police return the confiscated property.
John Gruber answers those who suspect Apple initiated this because it is one of 25 companies that sit on the REACT task force steering committee, “That can’t happen. This is a criminal investigation, not a civil lawsuit.”