On Friday, April 23rd, California’s Rapid Enforcement Allied Computer Team (REACT, for short), an interdepartmental computer crime task force, breaks down Gizmodo editor Jason Chen’s front door while he is out to dinner with his wife. They are still there a few hours later when he returns, and they serve him with a warrant from a San Mateo, CA, county judge. The warrant allows REACT to search Chen’s house and seize any materials that were either “used as the means of committing a felony” or “tends to show that a felony has been committed or that a particular person has committed a felony.”
REACT seizes four computers, two media servers, and a host of other gadgetry including cameras, cellphones (an iPhone and a Motorola Droid), and an iPad. They personally search Chen but do not question, arrest, or in any way contain him.
Gaby Darbyshire, Gawker Media’s chief counsel, immediately issues a response to the police, stating that Jason Chen is covered under both California’s shield law and the federal Privacy Protection Act. Says Jennifer Grannick of the Electronic Frontier Foundation:
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.
Darbyshire’s letter therefore claims the warrant was invalid, and the items seized should be returned at once.
a. Hey, yeah! You can’t just take a journalist’s equipment! There are rules to protect the right to free press, so even if the phone was stolen originally, they can’t confiscated Gizmodo’s materials to try to find out the identity of Secret Source. Click here.
b. But Jason Chen is a blogger–those laws weren’t conceived to protect bloggers. Click here.