Subpoenas

Revised DOJ Regs Protect "Members of the News Media," But What Does That Mean?

On February 21, 2014, the U.S. Department of Justice released its long-awaited revisions to 28 C.F.R. § 50.10, the DOJ's regulatory guidelines (the "Guidelines") regarding investigations and prosecutions of members of the news media.

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Justice Dept.'s Media Investigation Policy Falls Flat Compared to Other Protections Against Press Intrusion

As has been widely reported, the U.S. Department of Justice has disclosed that it has obtained two months' worth of telephone records from 20 separate phone lines assigned to the journalists and offices of the Associated Press.

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ISP Gets Identity-Seeking Subpoena Vacated

Clapping by TheGiantVermin, on Flickr From the credit-where-credit's-due department (with the requisite hat-tip to David Ardia's Twitter account):

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Appeals Court to Filmmaker: Turn Over Your Footage to Chevron

A federal appellate court has issued a swift ruling, in a high profile reporter's privilege case, that requires a filmmaker to surrender some of his unpublished footage to a powerful oil company.

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Court Battle for Filmmaker's Footage Spurs National Debate on Reporter's Privilege

A filmmaker's fight against an oil company seeking his raw documentary footage has spurred a national debate on the reporter's privilege, pitting media organizations and filmmakers against powerful corporations and criminal defense attorneys.  At stake is the breadth of the protection given to unpublished newsgathering materials and, ultimately, the basic trust between journalists and their sources.

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Illinois Court Requires Newspaper Website To Identify Pseudonymous Commenter

A mid-level appellate court in Illinois ruled on Tuesday that the publisher of a local newspaper must reveal the identity of a pseudonymous Internet commenter.  In Maxon v. Ottawa Publishing Co., 3-08-0805 (Ill. App. Ct.

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Search Warrants in the Sky: FBI Collects Info from Google Docs

If you spend any time at all online, you've probably seen—and, depending on the effectiveness of your spam filters, received in your email—ads extolling the supposed virtues of acai berry, a so-called "super food" that has been a big seller for the past couple of years.

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Kansas Shield Law Awaits Governor’s Signature: Ripe Fruit From a Bewildering Tree

In an overwhelming vote of support, the Kansas Legislature Tuesday passed a media shield bill that, if signed by Governor Mark Parkinson (D), will protect reporters in most circumstances from having to disclose the identity of anonymous sources and other information obtained in the newsgathering process.

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Pennsylvania Court Refuses to Unmask News Website Commenters

Thomas O'Toole at TechLaw points us to an anonymous speech decision issued last week by a federal court in Pennsylvania.  In McVicker v.

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Is There a Mini Constitution in Sky Mall? How the TSA Forgets Citizens' Rights

In recent years, the American public seems to have fallen under the impression that providers and regulators of airline travel have extra-legal powers. These fictional powers typically mean that passengers can be treated like cattle.

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