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New bill would protect US bloggers

p2pnet.net news:- If you’re a blogger in Canada, you run your site at your very real peril, especially if you allow anonymity. Because if you publish an unnamed post (with or without actually seeing it) and someone else doesn’t like it, the allegedly ‘aggrieved’ party can file a libel suit and it’ll be up to you prove them wrong, instead of the other way around.

A murder or rapist, on the other hand is innocent until proven guilty,

But south of the border, “Bloggers engaged in journalistic pursuits would be granted immunity from divulging confidential sources under a new bill pending in both chambers of Congress,” says CNET News.

An updated version of the Free Flow of Information Act (.pdf), “introduced earlier this week, gives a more expansive definition to the concept of a ‘covered person’ under the law than any of Congress’ previous attempts at so-called ‘reporter’s shield’ legislation”.

Bloggers regularly involved in newsgathering and reporting, within the scope of that definition, “would be entitled to the privilege,” the story has congressman Rick Boucher, one of the bill’s primary sponsors, stating.

Journalism is defined as, “gathering, preparing, collecting, photographing, recording, writing, editing, reporting or publishing of news or information that concerns local, national or international events or other matters of public interest for dissemination to the public.”.

But the bill doesn’t actually say a “covered person” must list journalism as an occupation, or that he or she is engaged in it even on a regular basis, CNET has Society of Professional Journalists president Christine Tatum saying: “People should not misunderstand what this shield is about. It would behoove a lot of people to understand some very basic things about accuracy and fairness in newsgathering.”

The same could, of course, be said of many SPJ members.

Adds CNET:

Although the bill would generally require that federal authorities exhaust all “reasonable” alternative sources before compelling a journalist to provide information, the privilege is far from absolute. The bill lays out a number of situations in which people covered by the shield would be forced to give up their sources, including situations in which it’s clear that crimes have been committed, national security is at stake, or trade secrets are compromised in violation of existing laws.

The trade secret exception could prove dangerous, “particularly for bloggers without fat wallets to foot legal expenses,” it has lawyer Bruce Johnson stating.

“Virtually everything that is not known by the public yet could become a trade secret,” said Johnson, who helped to draft a Washington state reporter’s shield law last year. “It’s simply handing a road map to the business or governmental entity that wants to keep something secret.”

Slashdot Slashdot it!

Also See:
very real perilWayne Crookes sues the Net: III, May 3, 2007
CNET NewsBills propose reporter’s shield for bloggers, May 4, 2007

If your Net access is blocked by governBryan Adams slams Net radio hikement restrictions, try Psiphon from the Citizen Lab at thIs the endSurvey: How Did Copyright Infringement Become Equated with Robbery? (of the Net) nigh?zze University of Toronto’s Munk Centre for International Studies. Go here for the official download, here for the p2pnet download, and here for details. And if you’re Chinese and you’re looking for a way to access independent Internet news sources, try Freegate, the DIT program written to help Chinese citizens circumvent web site blocking outside of China. Download it here.


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Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local politicians. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance. Don’t just complain. Do something!

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