The Department of Justice has issued a report outlining the department's revised rules for obtaining records from journalists. The change in policy comes after the controversy concerning the Justice Department's subpoena of Associated Press calling records. The new rules establish a presumption that reporters will be notified when their records are sought and also raises the legal standard for access under the Privacy Protection Act of 1980[/3], a law that is intended to protect journalists' records from government access. Following the AP controversy, EPIC filed a Freedom of Information Act request seeking the legal basis for the Justice Department's subpoena of reporters' phone records. For more information, see EPIC: Free Flow of Information Act and EPIC: Privacy Protection Act.
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Communications Law and Policy
Jerry Kang and Alan Butler