Greg Sandoval reporting for CNET:

Apple has spoken to local police about the incident and the investigation is believed to be headed by a computer crime task force led by the Santa Clara County district attorney’s office, the source said. Apple’s Cupertino headquarters is in Santa Clara County, about 40 miles south of San Francisco.

I’m starting to think that Apple may not pursue a civil lawsuit against Gizmodo however California’s district attorney may file charges against them.

Greg Sandoval explains California’s law very simply:

dating back to 1872, any person who finds lost property and knows who the owner is likely to be but “appropriates such property to his own use” is guilty of theft. If the value of the property exceeds $400, more serious charges of grand theft can be filed. In addition, a second state law says that any person who knowingly receives property that has been obtained illegally can be imprisoned for up to one year.

It sounds like Gawker Media better get their lawyers on the phone.