DoJ subpoena guidelines for journalists

[Declan McCullagh]

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 at havenco.com
> --vmsg/fax:1.800.why.sean
> 
> 
> > -----Original Message-----
> > From: owner-cypherpunks at Algebra.COM
> > [mailto:owner-cypherpunks at Algebra.COM]On Behalf Of Declan McCullagh
> > Sent: Thursday, March 08, 2001 6:52 PM
> > To: cypherpunks at Algebra.COM
> > Cc: cypherpunks at 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
> >
> >
>