The Electronic Frontier Foundation (EFF) has filed an appeal in the Apple v Bloggers case on the grounds that the ruling has broad implications for the rights of reporters to protect the confidentiality of their sources.
In its request for an appeal, EFF argues that the First Amendment cannot be so easily waived and states that many important news leaks, such as those revealing the dangers of cigarette smoking, can be claimed to be trade secrets by the companies seeking to stop them. EFF further contends that Apple must also demonstrate that it has done an exhaustive search elsewhere for the information it seeks before targeting journalists with court orders and that there is no evidence that Apple has done such an exhaustive search.
“The California courts have a long history of supporting and protecting the freedom of the press,” said EFF Staff Attorney Kurt Opsahl. “The Court of Appeal will now get the opportunity to correct a ruling that endangers all journalists.”
“The Superior Court’s ruling exalted statutory trade secret protection over constitutional rights, misapplied the test for when the constitutional reporter’s privilege may be overcome, and ignored the Stored Communications Act altogether,” said Kevin Bankston, EFF staff attorney and Bruce J. Ennis Fellow.
(source: media release)