U.S. News and World Report recounted last week that even supporters of passing legislation that would allow journalists to keep their confidential sources shielded admit that the legislation would not address the situation in which the U.S. Department of Justice seized without notice two months of Associated Press phone records. Just today, several outlets are reporting that a former FBI agent was identified in those phone logs and has now agreed to plead guilty to leaking news of a failed 2012 "underwear bomb" plot by al Qaeda, the Wall Street Journal reports: http://online.wsj.com/article/SB1000142405270230375960457909362328002599...
Another concern raised about the bill as currently drafted is that it would not provide protection to citizen bloggers. Moreover, an amendment backed by Sen. Dianne Feinstein, D-Calif., "intentionally excises WikiLeaks publisher Julian Assange from supposed legal protections for journalists," according to U.S. News.
One of the legislative opponents to the bill, Sen. Mike Lee, R-Utah, told U.S. News in an email: "The extension of the bill's protections to a so-called 'citizen blogger,' a journalist who is not employed by traditional media outlets, is entirely subject to the judge's willingness to exercise discretion, after finding that doing so would be (a) in the interest of justice and (b) necessary to protect lawful and legitimate news-gathering activities. Thus, while for some the privilege is automatic and known in advance, those outside the favored status may only hope that a reviewing federal judge deems them sufficiently worthy of protection."
Lawyer and Legal Journalist
