The Justice Department revealed new rules governing journalist’s records sought in federal leak investigations. The rules promised advance notice in most cases so that news agencies could negotiate with the government. No advance notice would be given in cases involving clear and urgent risk to national security or threat of death and bodily injury. (USA Today, February 21, 2014, by Kevin Johnson)
The Associated Press applauded the new press rules as offering greater protection to journalists but also said it wanted Congress to pass a federal shield law to bolster protection. (Politico, February 21, 2014, by Dylan Byers)
Wording in the new rules indicates that independent journalists will not be protected against government subpoenas, a significant omission in a changing journalism world. “…[the regulations] do not protect against the use of legal demands to third party carriers for communications records. This leaves journalists unaffiliated with a news organization on potentially unstable ground with respect to the security of their communications against secret government inquiries,” writes Jeff Hermes for the Digital Media Law Project, February 25, 2014.