"Although we do not believe that charges of any kind should have been filed, Brian [Hogan] fully accepts responsibility for his actions," said Jeffrey Bornstein. "We are working cooperatively with the District Attorney to resolve this misdemeanor charge promptly."

Wallower was identified by last year as a former cryptologic technician for the Navy and a graduate of the University of California, Berkeley. According to CNET, Wallower acted as a go-between for Hogan, and had contacted several technology sites about the iPhone.

The San Mateo County District Attorney's office did not immediately reply to questions, including the possible penalties or jail time that Hogan and Wallower face if convicted of their charges.

Hogan and Wallower are scheduled to be arraigned Aug. 25.

Gregg Keizer covers Microsoft, security issues, Apple, Web browsers and general technology breaking news for Computerworld. Follow Gregg on Twitter at , on or subscribe to . His e-mail address is .