(Adds reaction of reporters, groups of editors)
By Lawrence Hurley
WASHINGTON, July 12 (Reuters) - the Department of Justice of United States on Friday proposed to limit the ability of prosecutors to seize the records of reporters to investigate leaks to the media, after the complaints were violated rights of journalists in recent high-profile cases.
A revised set of guidelines proposed by the Department said that he is would not ask raid against journalists carrying out "ordinary news gathering activities."
In another change, the Department in the majority of cases notified news organizations in advance if you look for a subpoena to obtain phone records.
The changes are contained in a report that the Department prepared at the request of President Barack Obama and that was given to the President by Attorney General Eric Holder Friday.
The Committee of reporters for the freedom of the press and the Newspaper Association of America praised the changes, but both said they fell into what was needed.
"We continue to believe that an impartial judge should be involved when there is a demand for records of a reporter, because so many important rights depend on the possibility of proving the need for the Government's records", said the Committee of reporters in a statement sent by e-mail.
NAA asked for a federal law to shield, which will also require a review of federal judge any request for information from the confidential source.
Two cases prompted debate this year over whether the Justice Department had excess of zeal in the investigation of leaks of Government and it had violated the rights of freedom of expression.
In one, prosecutors obtained a search order of email correspondent of Fox News ' James Rosen. He was named "co-conspirator" in a federal leak probe with its reports on North Korea.
On the other hand, the Department of Justice seized phone records from of Associated Press without prior notice as part of a probe in leak on a plot of 2012 based on Yemen to bomb an aircraft of the United States.
Erin Madigan White, a spokeswoman for the AP, said that the description of the guidelines offered by the Department "indicates that it will result in significant additional protection for journalists". A Fox spokeswoman had no immediate comment.
One of the proposed changes would require national intelligence director certify that a leak threatens national security until you can start an investigation into the unauthorized disclosure.
Another would create a role for the director of the Department of public relations and privacy and civil liberties Officer review of decisions relating to journalists.
The changes will enter into force "almost immediately," a Department of Justice, the official said, but it was not immediately clear exactly when it would be.
'COMMITTED'
Holder said in a statement that the Department was "firmly committed to ensuring the security of our nation and protect Americans, while at the same time safeguard freedom of the press".
Matt Lehrich, a White House spokesman, said the President believes that the report was "an important step to finding a balance between occupying dangerous leaks of national security information classified and protect the rights of journalists to freely gather and report the news".
David Anderson, an expert in media law at the University of Texas at Austin, said that a "substantial difference" would make the changes because they would have attorneys who want the media records to "jump through a few hoops" to get them.
The change in the order of search warrant policy means that prosecutors would face a "top loading" if they sought a warrant to gain access to the work of a reporter under a law known as the law of privacy protection, said the official of the Department of Justice.
Would try in the future, the Department of Justice not to orders in relation to reporters "If the purpose is the investigation of a person who is not a member of the media," said the report.
Under the previous policy on notifying the media of citation requests, the Department had a presumption against such a move. Notice shall be given, unless prosecutors can show that it would be "presents a clear and substantial threat to the integrity of the investigation," the report says.
The Attorney general would have to sign such a find. Previously, he was Chief of the criminal Division.
The Department had gone as far as it could go into the legislation in force in their efforts to protect journalists, Holder said. A law on coat of arms of proposed media, which Obama has said he supports, would go further, Holder said.
As part of the review process, holder met with representatives of several media organizations, including Reuters.
Holder said prosecutors followed all laws and guidelines in recent cases. Personally authorized the searches of records of Fox News, while his Deputy, James Cole, authorized the search of records from the Associated Press.
The existing guidelines of the Department of Justice allow searches in rare circumstances, usually with notice to the affected news organization.
In the case of Associated Press, researchers focused on how reporters learned about us in Yemen operation to thwart a plot to bomb a passenger plane, government officials have said. A history of AP in may 2012 describes the plot. The AP reported that they delayed publishing the story at the request of government officials until security concerns were dispelled.
However, U.S. officials have said that the leak compromised an agent of United States trying to undermine the Group's Yemen with Al Qaeda in the Arabian peninsula.
In the case of Fox, Rosen, it was processed, reported secrets views of intelligence officers of the United States on North Korea. The Justice Department is prosecuting Stephen Kim, a former State Department contract analyst, to filter information to Rosen. (Additional reporting by Steve Holland and Diane Bartz; Edited by Howard Goller, David Storey and Eric Walsh)
Aucun commentaire:
Enregistrer un commentaire