by Jack McCarthy

ThinkSecret lawyer fights back at Apple

news
Jan 21, 20052 mins

The lawyer for the Harvard freshman being sued by Apple Computer for publishing trade secrets about the company’s products, says Apple is stifling free speech.

Terry Gross, the lawyer working free of charge for Nicholas Ciarelli, said the Apple lawsuit ignores First Amendment protections of free speech and attempts to intimidate small publishers from printing unwanted information about companies such as Apple.

“My client is angry,” said Gross said, a partner at the San Francisco-based law firm of Gross & Belsky LLP, “He’s a fan of Apple and can’t understand why Apple is suing him.”

Gross said he is preparing a motion to be filed by Feb. 2 that says the lawsuit was filed to intimidate public speech and should be dismissed. “They would not do this against the New York Times,” he said.

Apple has released a statement supporting their lawsuit.

“Apple has filed a civil complaint against the owner of ThinkSecret.com and unnamed individuals who we believe stole Apple’s trade secrets,” Apple said. “We believe that ThinkSecret solicited information about unreleased Apple products from these individuals, who violated their confidentiality agreements with Apple by providing details that were later posted on the internet. Apple’s DNA is innovation, and the protection of our trade secrets is crucial to our success.”

Apple filed the lawsuit Jan. 4 in Superior Court in Santa Clara County.

Gross, who has represented the Electronic Frontier Foundation (EFF), which advocates for civil liberties in the technology and electronic communications field, said Ciarelli sought legal help from the EFF, which in turn contacted him.

Ciarelli, who publishes ThinkSecret.com under the name of Nick dePlume, welcomed Gross as his lawyer in a statement on his Website.

“Apple’s attempt to silence a small publication’s news reporting presents a troubling affront to the protections of the First Amendment,” the statement signed by Nick dePlume, listed as the site’s publisher and editor in chief. “I’m grateful that Mr. Gross has stepped forward to help defend these crucial freedoms.”