p2pnet.net News:- With a French consumer’s group suing Apple in Europe for ‘deceitful’ DRM practices, the US-based EFF is continuing with its efforts to block its attempt try to force three online journalists to identify their confidential sources.

The trio, loyal Apple supporters all, published information about unreleased Apple products, including the Mac mini.

The news leaks undoubtedly did Apple more good than harm, but nonetheless it wants to nail their hides to the wall and compel them to reveal who passed the information over.

It may have its eyes on an employee or two and wants the info to use against them.

However, the EFF (Electronic Frontier Foundation), serving as co-counsel for the writers, argues online journalists are protected by the same reporter’s privilege laws that shield print journalists from having to reveal the names of anonymous sources.

In December last year, Apple obtained a court order allowing it to issue subpoenas aimed at discovering the identities of 20 "John Does" it said claims leaked information about upcoming Apple products to AppleInsider.com and PowerPage.org.

After initially threatening to subpoena reporters directly, Apple sent subpoenas to Nfox.com, the email provider for PowerPage publisher Jason O’Grady.

By forcing Nfox to hand over O’Grady’s email, Apple hopes to find out who told the journalist about an upcoming product code-named "Asteroid."

"Rather than confronting the issue of reporter’s privilege head-on, Apple is going to this journalist’s ISP for his emails," says EFF Staff Attorney Kurt Opsahl.

"This undermines a fundamental, First Amendment right that protects all reporters. If the court lets Apple get away with this, and exposes the confidences gained by these reporters, potential confidential sources will be deterred from providing information to the media, and the public will lose a vital outlet for independent news, analysis, and commentary."

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See:-

suing Apple – Apple, Sony in French lawsuits, p2pnet, February 14, 2005
AppleInsider.com and PowerPage.org – Apple lawsuit victim gets lawyer, p2pnet, January 20, 2005
co-counsel – EFF Asks Court to Protect Online Journalists, EFF, February 14, 2005

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