Slashdot Mirror
Federal Journalist Shield Law Advances
A journal entry by twitter alerts us that the US Free Flow of Information Act cleared the House Judiciary Committee last week. It is designed as a shield for the confidential sources of journalists, and the bill's sponsors intend that the definition of "journalist" be broad enough to encompass at least some bloggers. The language voted out of the Judiciary Committee stipulates that protections apply only to those who derive "financial gain or livelihood from the journalistic activity" — this could cover anybody with a blog and an AdWords account, and this worries some opponents. The Register's coverage notes "several exceptions regarding terrorism, national security, imminent death and trade secret leaks." If this act becomes law, it would override all state shield laws, some of which may now provide stronger protections. The bill seems unlikely to go anywhere any time soon as its counterpart in the Senate has received no attention, and in its present form it would likely be opposed by the Bush administration.
How can we protect journalists when their sources are made up, or their pictures are doctored?
"It is a miracle that curiosity survives formal education." -Albert Einstein
A huge swath of the stories written by business journalists, in general, and tech journalists, in particular, involve publishing news about companies and their plans *before* those companies are ready to divulge the news themselves. I'd want to know how (or if) this law will distinguish between a leak to a journalist about the next version of the iPhone and, say, the secret formula for Coca-Cola? Will journalists be able to protect sources who in the process of providing information about an upcoming product or service violated a non-disclosure agreement? If not, this shield may prove less than effective because this kind of thing happens every day in business journalism.