The Internet is rapidly breaking down the barriers between citizen journalists and professional news organizations -- and, in some cases, intelligence agencies -- at least when it comes to sources and methods.
The dissolving barrier between who is and is not a journalist is embroiled in the debate over The Free Flow of Information Act , more popularly known as "The Reporter's Shield Law."
According to the Washington Post, "While the proposal has progressed much further in Congress than past efforts, it is far from a sure thing and continues to draw opposition, at least in its current form, from the Justice Department and the Office of the Director of National Intelligence (DNI)."
I can think of at least one official working under the DNI who should have good reason to be interested in a couple of our sources. The Washington Post story addresses an issue directly relevant to the authors and sources of the STARpod.org BLOG-NET:
"One of the biggest issues is just who is a journalist, or in the phrase the bill uses, a 'covered person.' Once that definition is clarified -- and even Judiciary members say it's not settled -- a journalist would under most circumstances not have to disclose to federal authorities or in civil lawsuits the identity of sources who have been promised confidentiality. Also protected will be records, communications, documents or other information that this 'covered person' receives from confidential sources, as well as notes the journalist makes of conversations with these sources."
How does the FFIA define a blogger? According to an analysis of the law provided by ASNE :
(2) COVERED PERSON. – The term ‘‘covered person’’ means a person engaged in journalism and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person.
This section is meant to apply the protections of the Act to any person engaged in journalism” (defined in subsection (5), below). The term “person” is defined by preexisting statute to “include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.” 1 U.S.C. § 1. Thus, the Act would apply to all forms of media that provide information to the public, including newspapers, magazines, book publishers, television networks and stations, cable and satellite networks, channels and programming services, news agencies and wire services.
In addition, the Act would apply to web logs (“blogs”) that engage in journalism.
(5) JOURNALISM. – The term “journalism” means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.
The definition of “journalism” is intended to afford the protections of the Act to any person engaged in any phase of the journalistic process, from gathering news and information to writing, editing, and publishing news and information. The inclusion of the term “or information” is intended to include within the ambit of the Act such media as newsletters and wire services that disseminate information not necessarily encompassed by the term “news.” On the other hand, the definition is intended to be limited by the term “…that concerns local, national, or international events or other matters of public interest for dissemination to the public.”
Thus, the Act would provide no protection to a person who gathers information with the intention of using it to gain private advantage, rather than disseminate it to the public. If the recipient of a leak is a spy, a terrorist, or a company intending to exploit leaks from a competitor, the Act will not afford any protection to that person.
The new FISA definitions also include as agents of a foreign power anyone who "is reasonably expected to possess, control, transmit or receive foreign intelligence information while such person is in the United States."
For more about this issue, see my editorial commentary, "Spies Like Us."
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