Tech Blogger Won't Face Charges Over iPhone Images
But two men who sold prototype aren't so lucky
By Newser Editors and Wire Services
Posted Aug 10, 2011 3:36 PM CDT
Gizmodo is out of legal trouble after posting leaked prototype images of the iPhone 4.   (AP Photo/Frank Franklin II, File)

(Newser) – Prosecutors said today they will not bring charges against a tech blogger who bought an Apple iPhone prototype after it was found at a bar in March 2010. San Mateo County Assistant District Attorney Morley Pitt said charges were not filed against Gizmodo's Jason Chen or other employees, citing California's shield law that protects the confidentiality of journalists' sources. Prosecutors did, however, file misdemeanor charges against Brian Hogan, 22, and Sage Wallower, 28, the two men who found and sold the device, which had been left at a Redwood City bar by an Apple employee. The charges involve misappropriation of lost property.

Chen's house was raided and his computer seized after Gizmodo posted images of the prototype. The website and other media organizations objected, saying the raid was illegal because state law prohibits the seizure of unpublished notes from journalists. "We feel there was not a crime to begin with and still believe that, and are pleased the DA's office has an appropriate respect for the First Amendment," said a lawyer for Chen.