Court Appoints 'Special Master' to Search Gizmodo Evidence

The court in San Mateo County has appointed a special master to search through items seized from Gizmodo editor Jason Chen, according to CNET and chief deputy district attorney Stephen Wagstaffe.

Chen's computers and other belongings were seized in a controversial raid by police who used a warrant which may have violated his rights as a journalist. Since then the department and Chen's lawyer have come to an agreement on how the property may be searched.

According to Wagstaffe, a special master is an unpaid agent appointed by the court to make sure judicial orders are followed. Special masters are typically volunteers, mostly former judges or law professors, Wagstaffe said. They are supposed to be unconnected to the cases they are working on. Wagstaffe said he was under court orders not to reveal the identity of the special master reviewing Chen's possessions.

After the search is concluded, the special master will send his findings of what he believes is relevant to the case on to the judge, who will then present it to Chen and his lawyers so they can make any objections. The judge will then decide what to forward to the district attorney. The process could take up to two months.

Steve Jobs recently claimed that Gizmodo tried to extort Apple and outraged some by questioning if Chen was even a journalist. "Well a guy... who can say if he's a journalist."

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