Apple Sues Three Jounalist For Emails

[Raptrex 0]

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would prevent Apple Computer from forcing three online journalists to identify their confidential sources and hand over unpublished materials.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.

Contacts:

Kevin Bankston
Staff Attorney
Electronic Frontier Foundation
bankston@eff.org

Kurt Opsahl
Staff Attorney
Electronic Frontier Foundation
kurt@eff.org
Posted at 01:19 PM

EFF Site with original source

for those of you who dont know the EFF or Electronic Frontier Foundation is:
EFF is a nonprofit group of passionate people lawyers, technologists, volunteers, and visionaries working to protect your digital rights.

according to them

well i think this is CRAZY

what do you guys think?

[xboxrulz 0]

I stand with Apple :Dxboxrulz

[triplebtalk 0]

Absolutely appalled. Apple has no rights to search this man's inboxa as he has only said the codename. Honestly, how would a code name like "Asteroid" give away anything about the product (unless Apple was being literal, be careful the Appleroid® is going to hit the earth )... Shock horror, Apples wastes it time again, and really who cares if they know Apple's next product, only 12% of people will actually buy it. (BTW I don't hate Apple at all... What, I am serious )

[cemeteryrecords 0]

C'mon now...this is just ridiculous...This totally passes up "Out of Hand" Just another reason to throw on the "Screw Apple" list.Linux Power!

[rpgsearcherz 5]

C'mon now...this is just ridiculous...This totally passes up "Out of Hand" Just another reason to throw on the "Screw Apple" list.
Linux Power!

I agree. When I first thought of why Apple *might* be able to go after them for the emails, I was relating it to the FBI and how if you withold information they are able to charge you. But this is different. Being that no crime has been committed, I don't think there is any legal course of action that Apple can actually do.

So I vote to go against Apple as well. I seriously doubt that the government will let them get away with what they are going for though.

[Tramposch 1]

I never truly understood why companies cared so much about leaked info. I understand that would motivate competitors to beat it, but with patents and such that would be harder. Also, I think it would build up some hype about the product.With what Apple is doing - it is wrong. Apple shouldn't be checking people's emails to find the leak. I don't see how Apple could possibly get away with it or even think it is right. And undermining the system is just bad...This will bring a lot of bad publicity to Apple. I really like Apple, but this kinda makes me angry. Microsoft has done worse though, in a way. The whole WGA system is *BLEEP*...

[Echo_of_thunder 1]

this is like with Packman Jone's suit vs ESPN. a total joke and waist of money on both parties

[triplebtalk 0]

Lol, in fact it is really just "free publiucity"... I bet that everyone wonders what the codename signifys now...