The New York Times published an article on Monday about the whole controversy between Apple and Gawker Media (i.e. Jason Chen) over whether state and federal shield laws prevent authorities from seizing Chen’s MacBook, storage disks, iPad, etc.

Much of the discussion and arguments have been based around two topics: (a) whether Chen is categorized as a journalist or not; and (b) if he’s a journalist, whether the proper method of gaining the information (through a warrant and seizure instead of a subpoena) was used.

I think the first issue is hilarious.  It’s 2010, more people read news on the internet media websites then through paper subscriptions.  Of course he and every other editor at Gizmodo is a journalist.  What makes this issue worse is that we are talking about the state of California.  Of course he’s a journalist.

The second issue may have some merit for discussion.  The key issue rests on whether they are investigating Jason Chen for criminal activity.  If they are, then there is really not much to discuss.  Fourth Amendment 101, you cannot have a reasonable expectation of privacy in criminal activity.  It doesn’t matter if you are a journalist or not, you cannot break the law then claim Fourth Amendment protection to commit such action.  I’m not an expert in California law but i’m pretty sure it’s against the law to knowing be in possession or receive stolen goods.  If the authorities have probable cause to believe that your computer has, let’s say emails that tend to incriminate you of being knowing in receipt of stolen goods then they can search and seize such evidence.

If Chen is not under investigation then it is possible that they did overstep shield laws.  But wouldn’t it be much easier legally to just make him a suspect.  I think so.