“Applying strong First Amendment protections to bloggers and Web site operators, a San Jose-based appeals court today rejected Apple Computer’s bid for the identities of individuals who leaked confidential information on one of its new products,” Howard Mintz reports for The San Jose Mercury News. “In a 69-page ruling, the 6th District Court of Appeal broke new ground by concluding that bloggers and webmasters enjoy the same protections against divulging confidential sources as established media organizations. The decision sets up a likely challenge in the California Supreme Court.”
Full article here.
“The case began in late 2004, when Apple Insider and PowerPage published drawings, artists’ sketches, pricing and release dates for a planned product codenamed “Asteriod.” Incensed, Apple lawyers sued the anonymous sources of the information as Doe defendants, and promptly issued subpoenas to the bloggers’ ISPs seeking any e-mail pertaining to Asteroid, in a bid to unmask the leakers. That prompted the EFF to intervene. The trial judge sided with Apple, and EFF appealed. The ruling is a significant victory for journalists, and, I’d argue, the public. It’s also good for ISPs, says EFF lawyer Kurt Opsahl, because the court found that the federal Stored Communications Act protects private e-mail from civil subpoenas,” Kevin Poulsen blogs for Wired News.
Full article here.
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