EFF Asks Court to Protect Online Journalists

[David Farber <dave () farber net>]

------ Forwarded Message
From: EFF Press <press () eff org>
Organization: Electronic Frontier Foundation
Reply-To: <press () eff org>
Date: Mon, 14 Feb 2005 13:28:20 -0800
To: <presslist () eff org>
Subject: [E-B] EFF: EFF Asks Court to Protect Online Journalists

Electronic Frontier Foundation Media Release

For Immediate Release: Monday, February 14, 2005

Contact:

Kurt Opsahl
   Staff Attorney
   Electronic Frontier Foundation
   kurt () eff org
   +1 415 436 9333 x106

Kevin Bankston
   Attorney, Equal Justice Works / Bruce J. Ennis Fellow
   Electronic Frontier Foundation
   bankston () eff org
   +1 415 436-9333 x126

EFF Asks Court to Protect Online Journalists

Seeks to Stop Apple From Undermining Reporter's Privilege

Santa Clara County, CA - Today the Electronic Frontier
Foundation (EFF) asked a California Superior Court for a
protective order that would prevent Apple Computer from
forcing three online journalists to identify their
confidential sources and hand over unpublished materials.
EFF, serving as co-counsel for the journalists, argues that
online journalists are protected by the same "reporter's
privilege" laws that shield print journalists from having
to reveal the names of anonymous sources.

The case began in December 2004, when Apple obtained a
court order allowing the company to issue subpoenas aimed
at discovering the identities of 20 "Does" who allegedly
leaked information about upcoming Apple products to
AppleInsider.com and PowerPage.org.  After initially
threatening to subpoena reporters directly, Apple sent
subpoenas to Nfox.com, the email provider for PowerPage
publisher Jason O'Grady.  By forcing Nfox to hand over
O'Grady's email, Apple hopes to find out who told the
journalist about an upcoming product code-named "Asteroid."

"Rather than confronting the issue of reporter's privilege
head-on, Apple is going to this journalist's ISP for his
emails," said EFF Staff Attorney Kurt Opsahl.  "This
undermines a fundamental, First Amendment right that
protects all reporters.  If the court lets Apple get away
with this, and exposes the confidences gained by these
reporters, potential confidential sources will be deterred
from providing information to the media, and the public
will lose a vital outlet for independent news, analysis,
and commentary."

Supporting EFF in this argument are Professor Tom
Goldstein, Director of the Mass Communication Program and
former Dean of the Journalism School at the University of
California at Berkeley, and Dan Gillmor, noted Silicon
Valley journalist and founder of Grassroots Media Inc.,
both of whom filed declarations stating their expert
opinion that the writers for PowerPage and Apple Insider
are journalists just like the writers for traditional
newspapers and magazines.  Acting as co-counsel with EFF
are Thomas Moore III of Tomlinson Zisko LLP and Richard
Wiebe of the Law Office of Richard Wiebe.

In its request for the protective order, EFF points out
that reporter's privileges protect the anonymity of sources
regardless of whether third parties hold a journalist's
records.

Request for protective order:
http://eff.org/Censorship/Apple_v_Does/memo_of_points.pdf

More information about the Apple lawsuit:
http://www.eff.org/Censorship/Apple_v_Does/

For this release:
http://www.eff.org/news/archives/2005_02.php#002386

About EFF

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most linked-to
websites in the world at http://www.eff.org/


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