10 November 2009

Justice Dept. Asked For News Site's Visitor Lists - Taking Liberties - CBS News

In a disturbing echo of the White House's war on Fox News, the Justice Department has demanded the personal information of everyone visiting an online news site during one particular day. Moreover, they appended a gag order to the subpoena asking the news site (!) not to report on the request.

It's possible that this was just a local US attorney "going rogue," according to the director of a press-freedom organization:
Lucy Dalglish, the executive director of the Reporters Committee for Freedom of The Press, said a gag order to a news organization wouldn't stand up in court: "If you get a subpoena and you're a journalist, they can't gag you."

Dalglish said that a subpoena being issued and withdrawn is not unprecedented. "I have seen any number of these things withdrawn when counsel for someone who is claiming a reporter's privilege says, 'Can you tell me the date you got approval from the attorney general's office'... I'm willing to chalk this up to bad lawyering on the part of the DOJ, or just not thinking."
I don't know that I'm so sure, since in the same article it's stated that the DOJ can't subpoena a member of the press without the "express authorization of the attorney general." Moreover, the administrator of the site in question, indymedia.us, says she was threatened with prosecution for obstruction if she went public with news of the subpoena.

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