老澳门开奖结果, Civil Rights Organizations, and Broadcasters Demand Transparency into FBI Raid of Journalist鈥檚 Home

Allegations that a journalist鈥檚 reporting violated computer crime laws has a chilling effect on our right to a free and fair press.

October 4, 2023 2:39 pm

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WASHINGTON 鈥 Today over 50 organizations to the Department of Justice demanding transparency into an FBI raid on the home newsroom of Florida journalist Tim Burke in May. The organizations are seeking information about how the government believes Burke鈥檚 newsgathering broke the law. Burke is perhaps most well known for his 2013 for Deadspin that revealed that Heisman Trophy winner Manti Te'o鈥檚 girlfriend, and her supposed death, were a hoax.

The Burke鈥檚 home after he obtained outtakes of Tucker Carlson鈥檚 interview with Ye (formerly known as Kanye West) where Ye made antisemitic and other offensive remarks. The investigation, according to court filings, involves alleged violations of the Computer Fraud and Abuse Act, or CFAA, and a federal wiretapping law. The letter notes that concerns about efforts to criminalize journalism under computer crime laws are heightened by the August police of the Marion County Record over a reporter verifying a news tip using a government website.

The CFAA is the federal anti-hacking law that prohibits unauthorized access to a computer. But he got the outtakes from websites where Fox News uploaded unencrypted live streams to URLs anyone could access, using publicly accessible login credentials. 鈥淚f that鈥檚 true, it鈥檚 highly problematic for press freedom,鈥 said Freedom of the Press Foundation (FPF) Advocacy Director Seth Stern. 鈥淛ournalists cannot be expected to refrain from using the internet to find newsworthy content just because powerful companies would prefer to keep it private.鈥

The public does not know exactly why prosecutors believe Burke broke the law because the government fought successfully to keep the affidavit supporting the search warrant sealed from public view, and authorities have not issued any meaningful public comment. This lack of transparency is why FPF, Florida鈥檚 First Amendment Foundation, and the 老澳门开奖结果 took the lead on the coalition letter.

鈥淭he public relies on a fair and free press as protected by the First Amendment. Law enforcement policies and laws must support journalists鈥 rights to investigate and report on important matters of public interest, such as corruption, misconduct, and abuse of power, without fear of retaliation or censorship,鈥 said Jennifer Granick, surveillance and cybersecurity counsel with the 老澳门开奖结果 Speech, Privacy, and Technology Project. 鈥淭his case, as with the recent raid on the Marion County newspaper, shows that we must do more to protect our journalists from abuses of power.鈥

The letter is also signed by national organizations including the Committee to Protect Journalists, Reporters Without Borders, PEN America, the Electronic Frontier Foundation, and the Society of Professional Journalists, as well as broadcast media giants like Nexstar Media Group and Gray Media Group. Advocates from Burke鈥檚 home state, like the Florida Press Association and Florida Association of Broadcasters, also joined.

In addition to the lack of transparency, the letter takes issue with prosecutors鈥 arguments that Burke is not actually a journalist, in part because he did not work for an established news outlet at the time he obtained the outtakes. Burke has a long history in journalism. In addition to his reporting on the Manti Te鈥檕 hoax, Burke was also behind the widely circulated 2018 video showing dozens of Sinclair Broadcasting Group anchors reciting the same script.

But even putting aside Burke鈥檚 background, the letter explains that 鈥淐ourts have rightly warned against limiting the First Amendment鈥檚 press clause to established media outlets 鈥 a warning that is especially important as technological advances give rise to new forms of journalism while traditional news outlets close their doors at alarming rates.鈥

The organizations behind the letter raise concern 鈥 and demand answers 鈥 regarding whether the government鈥檚 apparent belief that Burke was not a journalist led it to eschew of journalists鈥 newsgathering materials required under the federal Privacy Protection Act of 1980 and the DOJ鈥檚 own policies. Those policies were last year to better protect journalists鈥 rights in light of Trump-era abuses.

鈥淲e need to make sure that rules meant to protect the news gathering process are being followed and American traditions safeguarding a vibrant free press are not being abandoned for judicial and prosecutorial convenience, whether by a local police department in rural Kansas or the FBI in Tampa,鈥 said Bobby Block, executive director of the First Amendment Foundation.

鈥淛ournalists need to know where the DOJ draws the line between computer savviness and computer crime,鈥 said FPF Deputy Advocacy Director Caitlin Vogus. 鈥淥therwise, they鈥檙e going to refrain from digging for news online out of fear that if they do their jobs a little too well they might be investigated or prosecuted.鈥

鈥淲e are concerned about the lack of transparency around federal investigators' raid on the home of journalist Tim Burke. The Justice Department should unseal the affidavit in this case and provide the public with an explanation as to why they conducted the raid in the first place,鈥 said Katherine Jacobsen, U.S. and Canada program coordinator for the Committee to Protect Journalists.

鈥淚t is always critical for the Society of Professional Journalists to stand up for the First Amendment rights of all journalists, whether newsroom staff employees, student journalists or freelancers. Any government agency鈥榮 attempt to infringe upon those First Amendment rights must be fought to ensure there is no chilling effect for other journalists. We stand behind Mr. Burke and his request for the immediate return of his devices from the Federal Bureau of Investigation,鈥 said Ashanti Blaize-Hopkins, national president of the Society of Professional Journalists.

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