
For those unfamiliar with the Apple/Gizmodo circus of this past week, here’s a basic rundown:
• Apple, a company known for actively keeping products secret until launch, plans to release a new generation iPhone sometime later this year.
• An Apple employee was carrying a prototype of the phone, and inadvertently left it in a California bar.
• Another individual, who clearly knew the status and value of the phone, scooped it up. He released photos of it, which were quickly published on tech news site Engadget, and then put it up for sale. There can be little question that his understanding of what he had was extensive, and that his act therefore constitutes theft.
• Gizmodo, a tech news Web site that operates in an extremely (read: absurdly) competitive environment for breaking technology news, purchased the prototype phone. Again, any logical evaluation of this transaction would call the act: purchase of stolen property.
• Gizmodo editor Jason Chen published a video of himself running through a thorough examination of the product. Pundits immediately began weighing in on the matter. In large part, tech journalists and bloggers – who tend to loathe Apple’s secrecy because it makes reporting more difficult – reacted with glee that an Apple product has been “outed” ahead of Steve Job’s schedule.
• Apple requested that Gizmodo return the stolen phone, and Chen complied. But some time later, police raided Chen’s home, confiscating computer equipment as evidence. Criminal charges against Chen, for buying stolen property, may be pending.
This is where things get silly. Chen and Gizmodo, spurred along by others in media, are calling it a First Amendment issue – with an assertion that Chen is being targeted by law enforcement for daring to publish a story about a secret product. First Amendment watchdog groups are rushing to the defense of Gizmodo. Even Jon Stewart, the greatest contextual journalist/comedian in America, has weighed in, presenting this as an Apple getting too powerful for its own good throwdown.
Stupid.
Every day in America, there are First Amendment issues that deserve attention. The role of the media - and in this new age, the “media” includes basically everyone – is tantamount to democracy itself, and protections on the right to properly investigate and publish information should never be taken for granted.
But journalists who defend Gizmodo by classifying this particular incident as a First Amendment matter, are virtually peeing on the structure that supports their own careers. As John Gruber has argued, “Gizmodo isn’t in trouble for spoiling Apple’s secret; they’re in trouble for breaking the law.” In a tweet today, Gruber points to a statement from EFF and asserts “Unless I’m reading this wrong, EFF is arguing no warrants against journalists, ever, no matter what they may have done,” and follows with this:
I’m a 1st Amendment zealot but journalists are not a special class of super-citizen with warrant immunity.
Exactly. While I’m a huge fan of Apple products, I think it’s mostly amusing when the company’s secrecy around product launches is breached. But when members of the fourth estate begin to insinuate that their journalistic mission trumps routine property crimes, and when the Constitution becomes a shield of advocacy for every two-bit sleezy reporting stunt, that’s just wrong.
Put yourself in these shoes: You leave your laptop under a bench at the airport, and when you return a few minutes later in a panic, it’s gone. The thief roots through your hard drive, finds some interesting information about your company and sells the laptop to a “reporter” who then digs through your files and publishes that information about your company on the internet.
Is that a First Amendment issue? Or is it a crime, on the part of both the original thief and the purchasing thief? You make the call. My call is that the First Amendment is too important to sully with this kind of stuff.