The seizure of Gizmodo editor Jason Chen’s computers is illegal, says Gawker Media, the parent company of the blog.
As a journalist, Chen is legally protected from divulging his sources of a story: in this case, details of Apple’s 4G iPhone, which Gizmodo purchased after an Apple engineer left a prototype in a bar. Gawker says the authorities are not allowed to search his computers in pursuit of a suspect, presumably the person who sold Gizmodo the iPhone.
Gawker cites section 1524(g) of the California Penal Code protecting journalists’ sources. It further cites O’Grady v. Superior Court, which extends the protections to online journalists. The O’Grady case is another Apple case, but one that the company lost. Apple tried to force Jason O’Grady to divulge his sources after his PowerPage website published details of another product Apple was working on.
