By Bryan Chaffin
The Mac Observer
May 26, 2006
Excerpt:
Apple Computer was handed a major
defeat in its efforts to root out internal leakers by accessing the
e-mail records of Web sites that had published leaked information about
unannounced Apple products. In a 69-page ruling, the California Court
of Appeals, 6th Appellate District ruled in favor of PowerPage
publisher Jason O'Grady and AppleInsider publisher Kasper Jade, saying
that online journalists are entitled to the same protections accorded
by California's Shield Law as traditional media reporters are, and that
the Stored Communications Act prohibits a litigant (Apple) from gaining
access to private e-mail communications through a third party ISP.
"Today's decision is a victory for the rights of journalists, whether
online or offline, and for the public at large," said EFF Staff
Attorney Kurt Opsahl in a statement. "The court has upheld the strong
protections for the free flow of information to the press, and from the
press to the public."