So, um, a lot has been made about this whole Gizmodo/iPhone/search warrant thing. I’ve  put off weighing in (which has been extremely difficult for someone who, like me, is fascinated by issues like media ethics and criminal law), but so much of the commentary thus far has seemed so incredibly off-base (especially regarding the legal, procedural elements of the case) I felt compelled to add my two cents.

But first, standard disclaimer: I’ve been an intern at Gawker Media, which owns Gizmodo, since last July. That said, I learned about this story the same way (and at the same time) everyone else did. I haven’t discussed the story with anyone at the company, I don’t have any insidery details, I’m not a lawyer, I don’t know anything about what the lawyers are actually thinking, and my take on this whole situation is a complete armchair analysis that in no way reflects or represents the position of my colleagues or employers. In fact, my opinion is based almost entirely on too many Law & Order re-runs and a handful of journalism and law classes (including First Amendment and criminal procedure). We all know what educations in those fields are worth these days, so take it with a proverbial grain of salt. (more…)