|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criminal cases often continue to demand, especially in states lacking shield laws, that journalists reveal sources and unpublished information from their notes.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.
Dave will share his insights on how Internet of Things for Enterprises are transforming and making more productive and efficient operations and maintenance (O&M) procedures in the cleantech industry and beyond. Speaker Bio: Dave Landa is chief operating officer of Cybozu Corp (kintone US). Based in the San Francisco Bay Area, Dave has been on the forefront of the Cloud revolution driving strategic business development on the executive teams of multiple leading Software as a Services (SaaS) application providers dating back to 2004. Cybozu's kintone.com is a leading global BYOA (Build Your O...
Apr. 27, 2015 02:00 PM EDT Reads: 1,579
WebRTC is an up-and-coming standard that enables real-time voice and video to be directly embedded into browsers making the browser a primary user interface for communications and collaboration. WebRTC runs in a number of browsers today and is currently supported in over a billion installed browsers globally, across a range of platform OS and devices. Today, organizations that choose to deploy WebRTC applications and use a host machine that supports audio through USB or Bluetooth can use Plantronics products to connect and transit or receive the audio associated with the WebRTC session.
Apr. 27, 2015 02:00 PM EDT Reads: 1,913
There are lots of challenges in IoT around secure, scalable and business friendly infrastructure for enterprises. For large corporations, IoT implementations are one of the top priorities of the decade. All industries are seeing a competitive need to sustain by investing in IoT initiatives. The value addition comes from improved customer service, innovative product and additional revenue streams. The data from these IP-connected devices can be leveraged for a variety of business applications as well as responsive action controls. The various architectural building blocks of an IoT ...
Apr. 27, 2015 02:00 PM EDT
As enterprises move to all-IP networks and cloud-based applications, communications service providers (CSPs) – facing increased competition from over-the-top providers delivering content via the Internet and independently of CSPs – must be able to offer seamless cloud-based communication and collaboration solutions that can scale for small, midsize, and large enterprises, as well as public sector organizations, in order to keep and grow market share. The latest version of Oracle Communications Unified Communications Suite gives CSPs the capability to do just that. In addition, its integration ...
Apr. 27, 2015 01:30 PM EDT Reads: 4,429
Chuck Piluso will present a study of cloud adoption trends and the power and flexibility of IBM Power and Pureflex cloud solutions. Speaker Bio: Prior to Data Storage Corporation (DSC), Mr. Piluso founded North American Telecommunication Corporation, a facilities-based Competitive Local Exchange Carrier licensed by the Public Service Commission in 10 states, serving as the company's chairman and president from 1997 to 2000. Between 1990 and 1997, Mr. Piluso served as chairman & founder of International Telecommunications Corporation, a facilities-based international carrier licensed by t...
Apr. 27, 2015 01:00 PM EDT
The IoT Bootcamp is coming to Cloud Expo | @ThingsExpo on June 9-10 at the Javits Center in New York. Instructor. Registration is now available at http://iotbootcamp.sys-con.com/ Instructor Janakiram MSV previously taught the famously successful Multi-Cloud Bootcamp at Cloud Expo | @ThingsExpo in November in Santa Clara. Now he is expanding the focus to Janakiram is the founder and CTO of Get Cloud Ready Consulting, a niche Cloud Migration and Cloud Operations firm that recently got acquired by Aditi Technologies. He is a Microsoft Regional Director for Hyderabad, India, and one of the f...
Apr. 27, 2015 12:00 PM EDT Reads: 1,678
The 17th International Cloud Expo has announced that its Call for Papers is open. 17th International Cloud Expo, to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, APM, APIs, Microservices, Security, Big Data, Internet of Things, DevOps 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 your speaking proposal today!
Apr. 27, 2015 12:00 PM EDT Reads: 2,329
While not quite mainstream yet, WebRTC is starting to gain ground with Carriers, Enterprises and Independent Software Vendors (ISV’s) alike. WebRTC makes it easy for developers to add audio and video communications into their applications by using Web browsers as their platform. But like any market, every customer engagement has unique requirements, as well as constraints. And of course, one size does not fit all. In her session at WebRTC Summit, Dr. Natasha Tamaskar, Vice President, Head of Cloud and Mobile Strategy at GENBAND, will explore what is needed to take a real time communications ...
Apr. 27, 2015 12:00 PM EDT Reads: 1,801
SYS-CON Events announced today that MangoApps will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY., and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. MangoApps provides private all-in-one social intranets allowing workers to securely collaborate from anywhere in the world and from any device. Social, mobile, and easy to use. MangoApps has been named a "Market Leader" by Ovum Research and a "Cool Vendor" by Gartner...
Apr. 27, 2015 11:00 AM EDT Reads: 3,591
SYS-CON Media announced today that @ThingsExpo Blog launched with 7,788 original stories. @ThingsExpo Blog offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. @ThingsExpo Blog can be bookmarked. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago.
Apr. 27, 2015 11:00 AM EDT Reads: 2,573
The world's leading Cloud event, Cloud Expo has launched Microservices Journal on the SYS-CON.com portal, featuring over 19,000 original articles, news stories, features, and blog entries. DevOps Journal is focused on this critical enterprise IT topic in the world of cloud computing. Microservices Journal offers top articles, news stories, and blog posts from the world's well-known experts and guarantees better exposure for its authors than any other publication. Follow new article posts on Twitter at @MicroservicesE
Apr. 27, 2015 11:00 AM EDT Reads: 2,117
SYS-CON Events announced today that robomq.io will exhibit at SYS-CON's @ThingsExpo, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. robomq.io is an interoperable and composable platform that connects any device to any application. It helps systems integrators and the solution providers build new and innovative products and service for industries requiring monitoring or intelligence from devices and sensors.
Apr. 27, 2015 11:00 AM EDT Reads: 2,105
Containers and microservices have become topics of intense interest throughout the cloud developer and enterprise IT communities. Accordingly, attendees at the upcoming 16th Cloud Expo at the Javits Center in New York June 9-11 will find fresh new content in a new track called PaaS | Containers & Microservices Containers are not being considered for the first time by the cloud community, but a current era of re-consideration has pushed them to the top of the cloud agenda. With the launch of Docker's initial release in March of 2013, interest was revved up several notches. Then late last...
Apr. 27, 2015 11:00 AM EDT Reads: 2,892
Wearable technology was dominant at this year’s International Consumer Electronics Show (CES) , and MWC was no exception to this trend. New versions of favorites, such as the Samsung Gear (three new products were released: the Gear 2, the Gear 2 Neo and the Gear Fit), shared the limelight with new wearables like Pebble Time Steel (the new premium version of the company’s previously released smartwatch) and the LG Watch Urbane. The most dramatic difference at MWC was an emphasis on presenting wearables as fashion accessories and moving away from the original clunky technology associated with t...
Apr. 27, 2015 11:00 AM EDT Reads: 2,117
SYS-CON Events announced today that Litmus Automation will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Litmus Automation’s vision is to provide a solution for companies that are in a rush to embrace the disruptive Internet of Things technology and leverage it for real business challenges. Litmus Automation simplifies the complexity of connected devices applications with Loop, a secure and scalable cloud platform.
Apr. 27, 2015 11:00 AM EDT Reads: 1,758
In 2015, 4.9 billion connected "things" will be in use. By 2020, Gartner forecasts this amount to be 25 billion, a 410 percent increase in just five years. How will businesses handle this rapid growth of data? Hadoop will continue to improve its technology to meet business demands, by enabling businesses to access/analyze data in real time, when and where they need it. Cloudera's Chief Technologist, Eli Collins, will discuss how Big Data is keeping up with today's data demands and how in the future, data and analytics will be pervasive, embedded into every workflow, application and infra...
Apr. 27, 2015 11:00 AM EDT Reads: 1,478
From telemedicine to smart cars, digital homes and industrial monitoring, the explosive growth of IoT has created exciting new business opportunities for real time calls and messaging. In his session at @ThingsExpo, Ivelin Ivanov, CEO and Co-Founder of Telestax, shared some of the new revenue sources that IoT created for Restcomm – the open source telephony platform from Telestax. Ivelin Ivanov is a technology entrepreneur who founded Mobicents, an Open Source VoIP Platform, to help create, deploy, and manage applications integrating voice, video and data. He is the co-founder of TeleStax, a...
Apr. 27, 2015 11:00 AM EDT Reads: 5,181
As Marc Andreessen says software is eating the world. Everything is rapidly moving toward being software-defined – from our phones and cars through our washing machines to the datacenter. However, there are larger challenges when implementing software defined on a larger scale - when building software defined infrastructure. In his session at 16th Cloud Expo, Boyan Ivanov, CEO of StorPool, will provide some practical insights on what, how and why when implementing "software-defined" in the datacenter.
Apr. 27, 2015 11:00 AM EDT Reads: 1,633
How is unified communications transforming the way businesses operate? In his session at WebRTC Summit, Arvind Rangarajan, Director of Product Marketing at BroadSoft, will discuss how to extend unified communications experience outside the enterprise through WebRTC. He will also review use cases across different industry verticals. Arvind Rangarajan is Director, Product Marketing at BroadSoft. He has over 19 years of experience in the telecommunications industry in various roles such as Software Development, Product Management and Product Marketing, applied across Wireless, Unified Communic...
Apr. 27, 2015 11:00 AM EDT Reads: 1,729
So I guess we’ve officially entered a new era of lean and mean. I say this with the announcement of Ubuntu Snappy Core, “designed for lightweight cloud container hosts running Docker and for smart devices,” according to Canonical. “Snappy Ubuntu Core is the smallest Ubuntu available, designed for security and efficiency in devices or on the cloud.” This first version of Snappy Ubuntu Core features secure app containment and Docker 1.6 (1.5 in main release), is available on public clouds, and for ARM and x86 devices on several IoT boards. It’s a Trend! This announcement comes just as...
Apr. 27, 2015 10:45 AM EDT Reads: 1,434