By Laurie J. Flynn
The New York Times
May 31, 2006
Excerpt:
A California appeals
court has ruled that online reporters are protected by the same
confidentiality laws that protect traditional journalists, striking a
blow against efforts by Apple Computer to identify people who leaked
confidential company data.
On Friday, the three-judge panel in San Jose overturned a trial court's
ruling last year that to protect its trade secrets, Apple was entitled
to know the source of leaked data published online. The appeals court
also ruled that a subpoena issued by Apple to obtain electronic
communications and materials from an Internet service provider was
unenforceable.
In its ruling, the appeals court said that online and off-line
journalists were equally protected under the First Amendment to the
U.S. Constitution.
"We can think of no workable test or principle that would distinguish
'legitimate' from 'illegitimate' news," the opinion states. "Any
attempt by courts to draw such a distinction would imperil a
fundamental purpose of the First Amendment," which guarantees freedom
of the press. The ruling states that Web sites are covered by
California's shield law protecting the confidentiality of journalists'
sources.
