Victory for online journalists

Online journalists have the same rights to protect their sources' confidentiality as offline reporters, a California state appeals court ruled Friday. The court was responding to the Electronic Frontier Foundation's (EFF) petition on behalf of three online journalists sued by Apple Computer. Apple alleged the journalists leaked information about an upcoming product to online news sites PowerPage and AppleInsider.

The court's decision is "a victory for the rights of journalists, whether online or offline and for the public at large," EFF Staff Attorney Kurt Opsahl told reporters. "The court has upheld the strong protections for the free flow of information to the press and from the press to the public," Opsahl said.

In their decision, the judges wrote, "We can think of no workable test or principle that would distinguish 'legitimate' from 'illegitimate' news. Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment, which is to identify the best, most important and most valuable ideas not by any sociological or economic formula, rule of law, or process of government, but through the rough and tumble competition" of the marketplace.

As part of its investigation into the leak of confidential information, Apple subpoenaed Nfox, PowerPage's email service provider for communications and unpublished materials obtained by PowerPage publisher Jason O'Grady. A trial court upheld the subpoena.

The court ruled Friday that O'Grady is protected bythe California Reporter's Shield Law, as well as the constitutional privilege against disclosure of confidential sources. The court agreed with EFF's claim that Apple's subpoena to Nfox, the email service provider was unenforceable, as it violated the federal Stored Communications Act. The act requires that account holders must be subpoenaed directly.

"In addition to being a free speech victory for every citizen reporter who uses the Internet to distribute news, today's decision is a profound electronic privacy victory for everyone who uses email," said EFF Staff Attorney Kevin Bankston. "The court correctly found that under federal law, civil litigants can't subpoena your stored email from your service provider."

Comments

[susan]

So that makes TWO internet victories with the passing of the Internet Freedom Act by the House Judiciary Committee!
It is truly sad I think in the US we have such a lack of choice in printed daily newspapers. This is why I think it is so important to read online newspapers from other countries in particular to get their "take" on US events.

My daughter and I happened to be in Paris when the US invaded Iraq. I can assure you that the front page photographs were VERY different from those in US media. (US papers showed photos of "bombs bursting in air" like fireworks while French journals shoed photographs of injured women and children.)And almost every French paper (of which there are MANY to choose from...as you know of course)seemed to distinguish the politics of the presiding administration and the concerns of the American people. It was most facinating that while the US Congresspersons were eating "freedom fries" and pouring out French wine, that the French showed no animosity toward my daughter or myself...nor any rudeness contrary to popular belief.

I will step off the soapbox now and say thank you for posting yet another enlightening article...
Merci et Bon Soir :-)

[Josephine]

Allright!! This is great news. Thank you for informing me on this!!

[papyrus]

Hi and thanks for your kind comments on my Sunday Scriblings post. You may like to know that I've posted a sequel which you can find here:
http://my-thoughts-for-a-penny.blogspot.com/2006/05/first-love-sequel.html

[ally bean]

"We can think of no workable test or principle that would distinguish 'legitimate' from 'illegitimate' news."

very interesting. i've never thought of news as being of two kinds. don't quite know what to make of that idea.