funsec mailing list archives

Re: The Legality of Publishing Hacked E-Mails


From: Paul M Moriarty <pmm () igtc com>
Date: Thu, 17 Dec 2009 18:21:09 -0800

In the case of The Pentagon Papers, the NYT did nothing illegal related to the acquisition of the Stuff that was 
published.  Is eastanglaimails.com complicit?  Maybe.  Are all the other media outlets that picked it up once 
eastangliamails.com published it complicit?  No.

- Paul -

On Dec 17, 2009, at 5:44 PM, Larry Seltzer wrote:

Is there some evidence that eastangliaemails.com was involved with the
hack? If not, I don't see the relevance, and I certainly don't see why
the New York Times of all places, the defendant in the Pentagon Papers
case, should feel they can't publish them

Larry Seltzer
Contributing Editor, PC Magazine
larry_seltzer () ziffdavis com 
http://blogs.pcmag.com/securitywatch/


-----Original Message-----
From: Paul M Moriarty [mailto:pmm () igtc com] 
Sent: Thursday, December 17, 2009 8:41 PM
To: Larry Seltzer
Cc: Gadi Evron; funsec
Subject: Re: [funsec] The Legality of Publishing Hacked E-Mails

The difference, as the BBC article points out, is whether the journalist
either encouraged or participated in the illegal act.  Not so for the
Pentagon Papers, seemingly so for the Lookout Services incident.

- Paul -

On Dec 17, 2009, at 3:19 AM, Larry Seltzer wrote:

From the point of view of the newspaper this is *exactly* like the
Pentagon Papers case. Those papers were illegally leaked, but the
Supreme Court held that the government could not enjoin newspapers
from
publishing them.

Larry Seltzer
Contributing Editor, PC Magazine
larry_seltzer () ziffdavis com 
http://blogs.pcmag.com/securitywatch/


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