19
April
2006
|
04:46 AM
America/Los_Angeles

Apple moves ahead with assault on journalism

In a San Jose court room Thursday morning, Apple Computer's lawyers will launch the next stage in Apple's efforts to muzzle journalists and to remove journalist protections from prosecution.


Silicon Valley Watcher is part of the Amicus brief in support of the defendants in the Apple v Does case. SVW stands firmly against Apple's moves which are detrimental to society and its need for high-quality media.


Here is more information from Derek Slater, an activist at the Electronic Frontier Foundation (EFF) whose lawyers are in the front lines of this fight:

http://www.eff.org/news/archives/2006_04.php#004571


Court Case to Determine Rights of Online Journalists


Arguments Set for April 20 in San Jose


San Jose - On April 20, EFF Staff Attorney Kurt Opsahl will argue Apple

v. Does – a case with broad implications for journalists and their right

to protect the confidentiality of their sources – before a San Jose,

California, appeals court.


Apple Computer, Inc., has sued several unnamed individuals, called

"Does," for allegedly leaking information to online reporters about an

upcoming product code-named "Asteroid." As part of the suit, Apple has

subpoenaed Nfox, the ISP for PowerPage publisher Jason O'Grady,

demanding that the ISP turn over the communications and unpublished

materials O'Grady obtained while he was gathering information for his

articles. Apple has also been granted permission to issue subpoenas

directly to Electronic Frontier Foundation (EFF) clients PowerPage and

AppleInsider for similar information.


The trial court held that if a journalist publishes information a

business claims to be a trade secret, this act destroys constitutional

protection for the journalist's confidential sources and unpublished

materials. EFF and co-counsel Thomas Moore III and Richard Wiebe have

appealed, asking the appeals court to correct the error and restore the

well-settled constitutional protections for a journalist's confidential

information.


"The California courts have a long history of supporting and protecting

freedom of the press," said EFF Staff Attorney Kurt Opsahl. "We are

looking forward to the opportunity to ask the Court of Appeal to correct

a ruling that endangers all journalists."


WHAT:

Apple v. Does (O'Grady v. Superior Court)


WHEN:

April 20, 9:30am


WHERE:

333 W. Santa Clara St. Suite 1060

San Jose, CA 95113


For more on the Apple v. Does case:

http://www.eff.org/Censorship/Apple_v_Does