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Sen. Ron Wyden: Protecting mobile privacy (Q&A)

It may come as a surprise to know that police generally need a warrant to search your house, but not to track your whereabouts through your cell phone.

This is what Sen. Ron Wyden, an Oregon Democrat who has become the Senate's leading champion of electronic privacy, wants to change. Wyden recently spoke with CNET in an interview transcribed below about his forthcoming legislation.

It's hardly Wyden's first foray into technology. In 2006, he introduced a pro-Net neutrality bill, opposed a renewal of the Patriot Act, and proposed restrictions on the Bush administration's controversial Total Information … Read more

FBI issues warrants over pro-WikiLeaks attacks

The FBI is on the hunt for the hackers responsible for a recent wave of cyberattacks launched in defense of WikiLeaks.

FBI agents yesterday executed more than 40 search warrants in the United States as part of their ongoing investigation. Pointing to the group Anonymous, which has taken responsibility for the attacks, the FBI said that the distributed denial of service (DDoS) assaults were facilitated by software the group makes available as free downloads.

Late last year, PayPal, Visa, MasterCard, and other companies were hit by DDoS attacks triggered by activists in support of WikiLeaks after the companies cut off … Read more

Hearing on Gizmodo iPhone warrant scheduled

A judge in Silicon Valley will hear arguments later this week in a dispute over unsealing records about the criminal investigation into what may have been a prototype iPhone purchased by a gadget blog.

San Mateo County Judge Clifford Cretan has scheduled a hearing for 9 a.m. PDT Friday in his courtroom in Redwood City, Calif. Cretan previously approved a police request to search the home office of Gizmodo editor Jason Chen, a decision that unleashed a torrent of speculation about the legality of searching a journalist's workplace and whether Apple instigated the raid.

Media organizations including CNET, … Read more

Judge nixes media request for iPhone warrant

REDWOOD CITY, Calif.--A San Mateo County judge on Thursday refused to consider a request by media organizations to learn the justification police used to search a Gizmodo editor's home for information about the sale of a possible iPhone prototype.

Judge Stephen Hall rejected the group's request for a hearing on Thursday, instead assigning it to the judge who granted the search warrant last month and who is expected to hear arguments next week.

The District Attorney's Office opposed the request filed by CNET, the Associated Press, Bloomberg, the Los Angeles Times, and other news organizations in … Read more

Court fight brews over unsealing iPhone records

An attorney for the 21-year-old Silicon Valley resident who found what appears to be Apple's prototype iPhone in a bar is expected to oppose a request by CNET and other media organizations to unseal court records relating to the investigation.

A coalition also including the Associated Press, Bloomberg News, the Los Angeles Times, and Wired.com has prepared a 7-page legal brief that will ask a court to unseal the detective's affidavit used to obtain a search warrant nearly two weeks ago. A hearing has been tentatively scheduled in the San Mateo County courthouse for 2 p.m. … Read more

Media want Gizmodo court records in iPhone probe

The justifications police gave for searching the home of a Gizmodo editor in the criminal investigation of an iPhone prototype should be public, CNET is preparing to tell a judge this week.

A group that also includes the California-based First Amendment Coalition and prominent news organizations is drafting a legal brief that will ask a court to unseal the detective's affidavit used to obtain a search warrant nearly two weeks ago. San Mateo County prosecutors have persuaded a judge to seal all the records of the case.

Making those documents public could reveal whether prosecutors and Superior Court Judge … Read more

Gizmodo considers suing police after iPhone raid

A lawyer for Gizmodo says the gadget blog could sue the sheriff's office in San Mateo County, Calif., for raiding an editor's home last Friday as part of a criminal probe into an errant iPhone prototype.

The option of a lawsuit "is available because search is not the appropriate method in this situation," Thomas R. Burke, a media lawyer and partner in the San Francisco offices of Davis Wright Tremaine, told CNET. He said the search warrant violated a California journalist shield law designed to limit searches of newsrooms.

Burke added, however, that he has been … Read more

Prosecutors defend Gizmodo search in iPhone probe

San Mateo County prosecutors are defending the search of a Gizmodo editor's home and seizure of his computers that are part of a criminal investigation into an iPhone prototype lost by an Apple employee.

Stephen Wagstaffe, chief deputy district attorney, told CNET on Tuesday evening that prosecutors had considered whether reporter shield laws applied to the search and seizure aimed at the gadget blog--and decided to proceed after carefully reviewing the rules.

"My prosecutor who is handling it considered this issue right off the bat when it was being brought into him and had some good reasons why … Read more

Police ID person who found iPhone prototype

Police have identified the unnamed person who found the prototype iPhone lost by an Apple engineer in a Silicon Valley bar last month, a prosecutor confirmed to CNET on Tuesday.

Investigators have interviewed the person who sold the prototype to Gizmodo for $5,000, Stephen Wagstaffe, chief deputy district attorney for San Mateo County, said in a telephone interview. He did not disclose the name of the person, and it wasn't clear if whoever found the "4G" phone was responsible for selling it or how police found the person.

The phone has been the subject of massive … Read more

Journalist shield law may not halt iPhone probe

The criminal investigation into Apple's errant iPhone prototype took a new twist this week, when Gawker Media claimed that the warrant used by police to search an editor's home was invalid.

It's clear that federal and state law generally provides journalists--even gadget bloggers--with substantial protections by curbing searches of their employees' workspaces. But it's equally clear that journalists suspected of criminal activity do not benefit from the legal shields that newspapers and broadcast media have painstakingly erected over the last half-century.

No less an authority than a California appeals court has ruled that the state's … Read more