Feds to Collect Journalists Phone Records Without a Warrant?

Cyber-Security bill could chill news reporting Texas Insider Report: WASHINGTON D.C.  In sum the CyberSecurity Information Sharing Act of 2014 would enable the federal government to do an end-run around the Constitution and existing privacy laws" said the Sunshine in Government Initiatives letter to Senate Select Intelligence Committee Chairman Dianne Feinstein Vice Chairman Saxby Chambliss and all other committee members. Calling the proposal overly broad the Sunshine in Government group says the bill would chill news-gathering based on confidential sources and remove meaningful judicial oversight. Recently released as a draft by Senate Select Intelligence Committee Chair Dianne Feinstein (D-CA) The Cybersecurity Information Sharing Act of 2014 (CISA) would allow government agencies to collect without a warrant or other traditional legal process journalists phone and other records if the government considers the journalists or their sources threats to the security of information stored on computer networks. The nine press groups that comprise the Sunshine in Government Initiative (SGI) consists of the:

1. American Society of News Editors
2. Associated Press (AP)
3. Association of Alternative News Media
4. National Newspaper Association
5. Newspaper Association of America
6. The Online News Association
7. Radio-Television Digital News Association
8. Reporters Committee for Freedom of the Press and
9. The Society of Professional Journalists

The bill SGI writes to express our grave concerns about may soon be considered by the Senate Intelligence Committee and is drawing sharp criticism from free press advocates. The Sunshine Initiative also voiced concerns of endangering the carefully crafted federal shield bill passed by the Senate Judiciary Committee placing vital democratic interests in the hands of the executive branch and private industry. Saying they acknowledged and appreciate the governments responsibility to secure the nation from cyber attacks initiative members said they still fear the bill as proposed would inhibit newsgathering and the flow of accurate information to the public. The letter concludes by asking the committee to carefully consider how it might appropriately deal with cybersecurity issues without encroaching on First Amendment freedoms. While this decision focuses on the 4th Amendment not the 1st Amendment it also has clear implications for freedom of the press. Cellphones are the New Reporters Notebooks In response to another recent ruling Geoffrey King of the Committee to Protect Journalists said in a statement Todays decision closes a dangerous loophole faced by journalists who use mobile devices for news-gathering and reporting. The Reporters Committee for Freedom of the Press National Press Photographers Association and other news organizations recently filed a brief in the cases at the Supreme Court arguing that cellphone searches can interfere with news-gathering.

A typical journalists phone contains a wealth of private data the news organizations wrote in the brief. At any time a journalists phone may include drafts of stories interviews corresponding photos or video information about sources and other confidential information necessary for reporting.

And Justice Roberts seemed aware of that point when he argued that at any given time cellphone are much more than just phones: They could just as easily be called cameras video players Rolodexes calendars tape recorders libraries diaries albums televisions maps or newspapers. From Cellphones to Surveillance The case comes at a moment of renewed interest and concern for how government and law enforcement are using cellphones to track people. While the case is not likely to have an immediate impact on the practices of the NSA it may create a new opening in that debate down the road. Some of the discussion in the court opinion that talks about technology can very easily be parlayed into other court challenges Hanni Fakhoury staff attorney at the Electronic Frontier Foundation told Newsweek. It triggers a different way of looking at the 4th Amendment. Thats something thats going to play a very large role in the debate and in the legal challenges with NSA surveillance and cellphone tracking. Thats critical for press freedom as journalists adapt to a new reporting landscape in which it is increasingly difficult to keep their sources and reporting materials private. Last year a group of journalism school faculty sent a letter to the NSA arguing that mass surveillance presents a grave threat to the effectiveness of an independent press. They wrote:

For a free press to function we must also protect the means of communicating with a journalist. At the present time the NSA has made private electronic communication essentially impossible.

Its unclear if this broad SCOTUS ruling could have implications for how laws that protect journalists reporting materials from search and seizure are interpreted in the digital age. Alex Howard has made the case that reporters need our Bill or Rights to apply in the digital age. As more and more reporting and publishing moves online and over our mobile devices the debate over how we protect journalism and press freedom today must evolve even while it remains rooted in those fundamental freedoms. This decision is a clear win for anyone who uses their cellphones to gather and disseminate the news.