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Should bloggers and online journalists be able to protect anonymous sources?

A court of appeals in San Jose, Calif., is listening to arguments in a case relating to Apple gossip sites revealing what Apple terms as “trade secrets” about its products before their release. Earlier a judge ruled that Apple could subpoena the sites’ inside, anonymous sources on these stories in order to punish people inside Apple who were leaking the info. But the Electronic Frontier Foundation believes that online journalists or bloggers should receive the same treatment as mainstream journalists, and be shielded from turning over information on anonymous sources. Apple says this is bunk, that these inside sources aren’t reporting on workplace abuses or wrongdoing, but simply giving away product information before their release — which hurts the company. Many people wonder why Apple can go after these insider sites but not journalists at sites such as CNET or the New York Times, places that break these types of stories all the time.

What do you think? Should bloggers and other online journalists have legal shields from giving up anonymous sources? Is there a chance someone could set up a blog to pass off trade secrets in the guise of being a journalist? Do we need more laws regulating who’s a journalist online?

Mark Glaser :Mark Glaser is founder and executive director of MediaShift. He contributes regularly to Digital Content Next’s InContext site and newsletter. Glaser is a longtime freelance journalist whose career includes columns on hip-hop, reviews of videogames, travel stories, and humor columns that poked fun at the titans of technology. From 2001 to 2005, he wrote a weekly column for USC Annenberg School of Communication's Online Journalism Review. Glaser has written essays for Harvard's Nieman Reports and the website for the Yale Center for Globalization. Glaser has written columns on the Internet and technology for the Los Angeles Times, CNET and HotWired, and has written features for the New York Times, Conde Nast Traveler, Entertainment Weekly, the San Jose Mercury News, and many other publications. He was the lead writer for the Industry Standard's award-winning "Media Grok" daily email newsletter during the dot-com heyday, and was named a finalist for a 2004 Online Journalism Award in the Online Commentary category for his OJR column. Glaser won the Innovation Journalism Award in 2010 from the Stanford Center for Innovation and Communication. Glaser received a Bachelor of Journalism and Bachelor of Arts in English at the University of Missouri at Columbia, and currently lives in San Francisco with his wife Renee and his two sons, Julian and Everett. Glaser has been a guest on PBS' "Newshour," NPR's "Talk of the Nation," KALW's "Media Roundtable" and TechTV's "Silicon Spin." He has given keynote speeches at Independent Television Service's (ITVS) Diversity Retreat and the College Media Assocation's national convention. He has been part of the lecture/concert series at Yale Law School and Arkansas State University, and has moderated many industry panels. He spoke in May 2013 to the Maui Business Brainstormers about the "Digital Media Revolution." To inquire about speaking opportunities, please use the site's Contact Form.

View Comments (1)

  • Apple is not a government entity, and trade secrets are not information that voters/taxpayers need to know in order to make informed decisions about the people and laws that will govern them.

    Journalists are protected and their sources are protected only when they are dealing with "public" figures. Reputable journalists do not reveal trade secrets.

    So, no, bloggers who deal only in telling their audience what Apple's new products will be do not deserve the same protection afforded journalists covering government agencies.

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