Jeff Bercovici of DailyFinance.com writes about whether the police search of a Gizmodo reporter’s house in the wake of it reporting about a lost iPhone prototype was legal.
“But that interpretation of the law is far from unchallenged. If the investigators were trying to determine not merely whether the iPhone was stolen in the first place, but whether Gizmodo’s acquisition of it constituted criminal receipt of stolen goods, then the warrant may well have been valid, says Eugene Volokh, a professor at the UCLA School of Law.
“‘Generally speaking, while these protections extend to information that was revealed to the reporter by people who might have been witnesses or even themselves criminals, the protection does not extend to criminal conduct of the reporter himself or even of criminal conduct the reporter has witnessed,’ says Volokh, whose areas of expertise include free speech and cyberspace law. ‘So to the extent that what’s being investigated here is the possible criminal receipt of stolen property, that would be the sort of thing that could be searched for. Reporters have no more right to commit a crime than the rest of us do.'”
Read more here.
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