DOJ jails reporter, Ashcroft allows more journalist subpoenas

mmotyka at lsil.com mmotyka at lsil.com
Mon Jul 30 13:47:23 PDT 2001




Black Unicorn wrote:
> > Looks like a reporter ( or anyone else for that matter ) should keep
> > well hidden backups of their notes and work so that they can comply with
> > Napolean complexes, fishing expeditions and spin control operations and
> > not lose their life's work.
> 
> No.  Well hidden backups would put the reporter in a position of contempt,
> committing obstruction of justice or perjury.  Better to escrow such documents
> with an attorney in a jurisdiction not likely to cooperate with the United
> States.  (I can suggest several to interested parties privately).
>
That is one method of "well hidden"

How about placing blocks of data on a safe site? A petit Napoleon would
be able to subpoena a plaintext copy of the data and possibly make a
fight about getting the keys but would not be able to deprive the owner
of the data. That is, to me, the strangest and most disturbing part of
this story considering how easy and cheap it is to make decent copies of
almost anything written or taped. 

Why should an owner not be allowed to retain a copy?

Mike





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