As to your question of who would be the first to incriminate Gawker, rather than Chen: Probably the Computer Hacking & Intellectual Property (CHIP) unit in the criminal division of the US Attorney's office for the Northern District of California, located in San Jose. Gawker's legal representative would have to be summoned and indicted by a grand jury, unless the firm chooses to waive that right and proceed to a hearing.
Gawker Media LLC is a Delaware company headquartered in New York. Title 18 ยง3237 provides that any offence begun in one district and completed in another (eg CA and NY) can be prosecuted in either district, but it would probably be most practical to do so in California.
Gaby Darbyshire is COO and legal representative of Gawker Media, and per a letter [1] taken into evidence during the search was fully apprised of the situation. The letter did not repudiate or disavow Chen's actions but rather emphasized his employment by Gawker and use of his home as his regular place of employment. Under the doctrine of Respondeat Superior, Gawker is liable for acts carried out by Chen because an agency relationship exists between them; and because he committed a crime, in the scope of his employment, with the purpose of benefiting his employer. Even under the stricter rules of MPC 2.07, Gawker's COO and CEO appear to have approved and even reveled in Chen's illegal actions, and thus acted with scienter.
As to your question of who would be the first to incriminate Gawker, rather than Chen: Probably the Computer Hacking & Intellectual Property (CHIP) unit in the criminal division of the US Attorney's office for the Northern District of California, located in San Jose. Gawker's legal representative would have to be summoned and indicted by a grand jury, unless the firm chooses to waive that right and proceed to a hearing.
Gawker Media LLC is a Delaware company headquartered in New York. Title 18 ยง3237 provides that any offence begun in one district and completed in another (eg CA and NY) can be prosecuted in either district, but it would probably be most practical to do so in California.
Gaby Darbyshire is COO and legal representative of Gawker Media, and per a letter [1] taken into evidence during the search was fully apprised of the situation. The letter did not repudiate or disavow Chen's actions but rather emphasized his employment by Gawker and use of his home as his regular place of employment. Under the doctrine of Respondeat Superior, Gawker is liable for acts carried out by Chen because an agency relationship exists between them; and because he committed a crime, in the scope of his employment, with the purpose of benefiting his employer. Even under the stricter rules of MPC 2.07, Gawker's COO and CEO appear to have approved and even reveled in Chen's illegal actions, and thus acted with scienter.
1. http://gizmodo.com/5524843/police-seize-jason-chens-computer... 'Gawker's legal response to police'.
small voice I think... (edit: FYI grellas is a real attorney, whereas I'm just thinking about trying to become one...don't rely on anything I post!)