|By Roger Strukhoff||
|May 30, 2006 12:30 PM EDT||
The case at hand involved revelations of a project code-named "Asteroid" that is being developed by Apple Computer in the digital musice space. In this case, Apple had tried to subpoena the bloggers ISP so that it could find e-mail between the bloggers and the confidential source or sources. An initial ruling by the Santa Clara County Superior Court had ruled in Apple's favor.
But the Court of Appeal said Californai's Shield Law "is intended to protect the gathering and dissemination of news, and that is what the (bloggers) did here." The Electronic Frontier Fondation had advocated on the bloggers' behalf. The Foundation invoked the name of Walter Cronkite to back the bloggers, noting that the Most Trusted Man in America has blogged for The Huffington Post, and asking whether he has "stopped being a journalist" because he is now a blogger.
Apple's concern in this issue seemed to be focused on the reality that the Worldwide Web makes it easy for increasing numbers of people to reveal confidential information, especially information that companies consider to be trade secrets.
The case, known officially as O'Grady vs. Santa Clara Superior Court, docket number H028579, can be found at the Court of Appeals website.
In the traditional journalism world, precedents over the past 30 years have been set in everything from the Pentagon Papers and Watergate to Barry Bonds' dietary supplement regimen that possession of things such as classified information, trade secrets, or grand jury testimony is not illegal, even if revealing this information is.
Journalists routinely invoke their First Amendment rights to publish information, and in many states, have the additional protection of shield laws to protect them from revealing confidential sources, on the theory that lack of such protection siginificantly stifles a free flow of information and harms the public good.
However, prosecutors in criminal cases often continue to demand, especially in states lacking shield laws, that journalists reveal sources and unpublished information from their notes. Journalists occasionally go to jail defending their sources, a recent example being in the matter of leaked information about CIA operative Valerie Plame.
The Apple Asteroid issue has not yet heated up to the point of threatening anyone with jail, yet no one would underestimate the seriousness with which companies protect their trade secrets and the potential criminality involved in revealing them.
SYS-CON Media has been an aggressive promoter of blogging activity in recent months, with more than a dozen prominent bloggers routinely featured on the company's home page and thousands of other bloggers registered to blog within the company's various i-technology publications.
This policy has seemed to enable a very open and free flow of information and opinion about all aspects of the emerging Web 2.0 age, whether the bloggers are talking about overarching issues such as Open Source, trends such as SOA, languages such as Java and the Three Ps, tools and frameworks such as JSON and Struts, or even personal asides on the quality of specific trade shows or company announcements.
As West Coast Bureau Chief for SYS-CON, and a person who grew up in a newspaper family, I have been involved in numerous discussions with numerous bloggers, traditional journalists, and traditional journalists who are also bloggers. My personal view sides with the bloggers, that they do, in fact, have the same rights as any journalist.
Those who argue against this say that bloggers typically don't have the fact-checking discipline or multi-source tradition that is ingrained in traditional journalists, that they feel that they can say whatever they want to say without having to pass muster with the editors or specific policies found in traditional news organizations.
But we have been on a slippery slope since TV journalism added a glibness and sloppy aggressiveness to reporting that horrifies most print journalists. Looking back even further, one finds major news organizations such as, say, Time Inc. and the Los Angeles Times bringing brutally biased viewpoints to their so-called reporting during the first half of the 20th century. Looking back even further, one can hardly call the viciously political and personal scandal sheets common to the days of the Founding Fathers as anything resembling the "objective" journalism that people often call for today.
(I won't tackle the "objective" issue in this column, as this is a big issue that presupposes that human beings have some sort of widely shared, identical ability to interpret what they see and hear. )
So it seems to me that bloggers have the same rights as anyone to report on a story, using whatever source material they see fit. The readersphere will determine their place in the blogosphere. There are no educational or license requirements to become a journalist. In fact, traditional newsrooms of the immediate post-WWII era were routinely filled with high school graduates who could gather information, write about it clearly, and withstand the heat that inevitably came.
Today, bloggers are probably more educated and more opinionated than the traditional journalists of yore. They are probably less thorough and certainly less restricted than traditional journalists of today in what they can cover--remember, traditional journalists work for The Man, and usually have very specific story assignments and parameters within which they must work (or be out of a job and seek their next meal from, say, a blog).
But bloggers are as protected, in my opinion, as traditional journalists from corporations and governments that want to give them a second-class seat solely because they are bloggers.
The real fun will begin when bloggers are routinely hauled into court for libel because of something stupid or sloppy (or both), or perhaps plagiarized, that they may have unwittingly published, secure in the knowledge that as "real" journalists, they are now free to rant and rave as they see fit.
Because the flip side of this coin is that today's traditional journalism did not spring up overnight--the fact-checking disciplines and tacit limits on injecting too much opinion in a piece of reportage exist based on hard lessons learned. Although U.S. libel laws are less harsh than those found almost anywhere else in the world, it is a reality for traditional journalists that whenthey publish something, they had better get the story right and had better leave the personal observations about someone's mental health or family ancestry out of the story, or they may find themselves out of a job and into a court.
The Asteroid bloggers have apparently not bungled the job, and good for them. My guess is that not everyone in the blogosphere will be so careful.
|queZZtion 05/28/06 03:45:04 AM EDT|
Is that other lawsuit, the one against ThinkSecret, still pending?
|Juha Saarinen 05/28/06 03:38:16 AM EDT|
This is of course great news for bloggers and online journalists in the USA. There is now a precedent set that says online journalism isn't "illegitimate news", which is very important indeed.
|aNon 05/28/06 03:19:30 AM EDT|
Blow to big business, boost to bloggers.
|NoWay Jose 05/28/06 03:04:42 AM EDT|
|| Journalists occasionally go to jail
So one day soon an ISP will go to jail to protect the integrity of a blogger. I DON'T THINK SO. The blogger = journalist analogy breaks down right there, sorry.
WebRTC is bringing significant change to the communications landscape that will bridge the worlds of web and telephony, making the Internet the new standard for communications. Cloud9 took the road less traveled and used WebRTC to create a downloadable enterprise-grade communications platform that is changing the communication dynamic in the financial sector. In his session at @ThingsExpo, Leo Papadopoulos, CTO of Cloud9, will discuss the importance of WebRTC and how it enables companies to fo...
May. 25, 2016 04:45 AM EDT Reads: 2,416
Designing IoT applications is complex, but deploying them in a scalable fashion is even more complex. A scalable, API first IaaS cloud is a good start, but in order to understand the various components specific to deploying IoT applications, one needs to understand the architecture of these applications and figure out how to scale these components independently. In his session at @ThingsExpo, Nara Rajagopalan is CEO of Accelerite, will discuss the fundamental architecture of IoT applications, ...
May. 25, 2016 04:45 AM EDT Reads: 778
SYS-CON Events announced today TechTarget has been named “Media Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. TechTarget is the Web’s leading destination for serious technology buyers researching and making enterprise technology decisions. Its extensive global networ...
May. 25, 2016 04:15 AM EDT Reads: 3,032
Korean Broadcasting System (KBS) will feature the upcoming 18th Cloud Expo | @ThingsExpo in a New York news documentary about the "New IT for the Future." The documentary will cover how big companies are transmitting or adopting the new IT for the future and will be filmed on the expo floor between June 7-June 9, 2016, at the Javits Center in New York City, New York. KBS has long been a leader in the development of the broadcasting culture of Korea. As the key public service broadcaster of Korea...
May. 25, 2016 04:00 AM EDT Reads: 1,687
As cloud and storage projections continue to rise, the number of organizations moving to the cloud is escalating and it is clear cloud storage is here to stay. However, is it secure? Data is the lifeblood for government entities, countries, cloud service providers and enterprises alike and losing or exposing that data can have disastrous results. There are new concepts for data storage on the horizon that will deliver secure solutions for storing and moving sensitive data around the world. ...
May. 25, 2016 04:00 AM EDT Reads: 1,036
In his session at 18th Cloud Expo, Bruce Swann, Senior Product Marketing Manager at Adobe, will discuss how the Adobe Marketing Cloud can help marketers embrace opportunities for personalized, relevant and real-time customer engagement across offline (direct mail, point of sale, call center) and digital (email, website, SMS, mobile apps, social networks, connected objects). Bruce Swann has more than 15 years of experience working with digital marketing disciplines like web analytics, social med...
May. 25, 2016 02:00 AM EDT Reads: 1,111
What a difference a year makes. Organizations aren’t just talking about IoT possibilities, it is now baked into their core business strategy. With IoT, billions of devices generating data from different companies on different networks around the globe need to interact. From efficiency to better customer insights to completely new business models, IoT will turn traditional business models upside down. In the new customer-centric age, the key to success is delivering critical services and apps wit...
May. 24, 2016 11:45 PM EDT Reads: 785
The essence of data analysis involves setting up data pipelines that consist of several operations that are chained together – starting from data collection, data quality checks, data integration, data analysis and data visualization (including the setting up of interaction paths in that visualization). In our opinion, the challenges stem from the technology diversity at each stage of the data pipeline as well as the lack of process around the analysis.
May. 24, 2016 11:30 PM EDT Reads: 1,086
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York and Silicon Valley. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place Nov 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 17th Cloud Expo and will feature technical sessions from a rock star conference faculty ...
May. 24, 2016 06:00 PM EDT Reads: 4,655
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit y...
May. 24, 2016 05:00 PM EDT Reads: 1,852
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with the 19th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world and ThingsExpo New York Call for Papers is now open.
May. 24, 2016 04:00 PM EDT Reads: 1,685
There are several IoTs: the Industrial Internet, Consumer Wearables, Wearables and Healthcare, Supply Chains, and the movement toward Smart Grids, Cities, Regions, and Nations. There are competing communications standards every step of the way, a bewildering array of sensors and devices, and an entire world of competing data analytics platforms. To some this appears to be chaos. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will discuss the vast to...
May. 24, 2016 04:00 PM EDT Reads: 2,359
SYS-CON Events announced today that Enzu, a leading provider of cloud hosting solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Enzu’s mission is to be the leading provider of enterprise cloud solutions worldwide. Enzu enables online businesses to use its IT infrastructure to their competitive advantage. By offering a suite of proven hosting and management services, Enzu wants companies to foc...
May. 24, 2016 02:15 PM EDT Reads: 2,084
SYS-CON Events announced today the How to Create Angular 2 Clients for the Cloud Workshop, being held June 7, 2016, in conjunction with 18th Cloud Expo | @ThingsExpo, at the Javits Center in New York, NY. Angular 2 is a complete re-write of the popular framework AngularJS. Programming in Angular 2 is greatly simplified. Now it’s a component-based well-performing framework. The immersive one-day workshop led by Yakov Fain, a Java Champion and a co-founder of the IT consultancy Farata Systems and...
May. 24, 2016 02:00 PM EDT Reads: 3,857
Customer experience has become a competitive differentiator for companies, and it’s imperative that brands seamlessly connect the customer journey across all platforms. With the continued explosion of IoT, join us for a look at how to build a winning digital foundation in the connected era – today and in the future. In his session at @ThingsExpo, Chris Nguyen, Group Product Marketing Manager at Adobe, will discuss how to successfully leverage mobile, rapidly deploy content, capture real-time d...
May. 24, 2016 01:45 PM EDT Reads: 1,377
IoT generates lots of temporal data. But how do you unlock its value? How do you coordinate the diverse moving parts that must come together when developing your IoT product? What are the key challenges addressed by Data as a Service? How does cloud computing underlie and connect the notions of Digital and DevOps What is the impact of the API economy? What is the business imperative for Cognitive Computing? Get all these questions and hundreds more like them answered at the 18th Cloud Expo...
May. 24, 2016 01:45 PM EDT Reads: 2,067
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, will provide an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life ...
May. 24, 2016 01:30 PM EDT Reads: 1,760
SYS-CON Events announced today that ContentMX, the marketing technology and services company with a singular mission to increase engagement and drive more conversations for enterprise, channel and SMB technology marketers, has been named “Sponsor & Exhibitor Lounge Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York City, New York. “CloudExpo is a great opportunity to start a conversation with new prospects, but what happens after the...
May. 24, 2016 10:30 AM EDT Reads: 771
SYS-CON Events announced today that 24Notion has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. 24Notion is full-service global creative digital marketing, technology and lifestyle agency that combines strategic ideas with customized tactical execution. With a broad understand of the art of traditional marketing, new media, communications and social influence, 24Notion uniquely understands how to con...
May. 24, 2016 09:30 AM EDT Reads: 1,688
The demand for organizations to expand their infrastructure to multiple IT environments like the cloud, on-premise, mobile, bring your own device (BYOD) and the Internet of Things (IoT) continues to grow. As this hybrid infrastructure increases, the challenge to monitor the security of these systems increases in volume and complexity. In his session at 18th Cloud Expo, Stephen Coty, Chief Security Evangelist at Alert Logic, will show how properly configured and managed security architecture can...
May. 24, 2016 09:00 AM EDT Reads: 1,971