David's comments in his response are on-target. In this context, the only definition that seems to matter is what the DOJ believes to be a "member of the news media." In other words, if they say you're not, you likely would shoulder the burden to prove that you are. Even if they acknowledge you are a journalist, the DOJ clearly does not feel bound to follow its own regulations. -Declan On Fri, Mar 09, 2001 at 11:26:42AM -0800, Sean Hastings wrote:
Declan,
What are the qualifications one has to meet to be considered a "member of the news media"? Does one have to work for some sort of Registered news agency, or publish in a registered periodical? I am publishing this right now, but I probably don't qualify. Why not?
Also:
Are they going to pay for your travel and lodgings? If so, it sounds more like a great opportunity than a problem. Not that I won't enjoy hearing you bitch about it. ;-)
--Sean Hastings --mailto:sean@havenco.com --vmsg/fax:1.800.why.sean
-----Original Message----- From: owner-cypherpunks@Algebra.COM [mailto:owner-cypherpunks@Algebra.COM]On Behalf Of Declan McCullagh Sent: Thursday, March 08, 2001 6:52 PM To: cypherpunks@Algebra.COM Cc: cypherpunks@cyberpass.net Subject: DoJ subpoena guidelines for journalists
See:
http://squid.law.cornell.edu/cgi-bin/get-cfr.cgi?TITLE=28&PART=50&SECTION=10 &TYPE=TEXT
They say:
"(c) Negotiations with the media shall be pursued in all cases in which a subpoena to a member of the news media is contemplated. and "All reasonable attempts should be made to obtain information from alternative sources before considering issuing a subpoena to a member of the news media and "No subpoena may be issued to any member of the news media or for the telephone toll records of any member of the news media without the express authorization of the Attorney General