Posted on 12/31/2009 6:06:38 PM PST by Beaten Valve
The TSA announced Thursday evening that subpoenas issued against bloggers for information they published are no longer in effect. From the TSA: "TSA takes any breach in security very seriously. In light of the posting of sensitive security information on the web, TSA sought to identify where the information came from. The investigation is nearing a successful conclusion and the subpoenas are no longer in effect."
Earlier: A Florida based travel-writer, Chris Elliott, is readying a legal challenge to the Transportation Security Administration's efforts to force him to disclose his source for a TSA directive he published on his blog. The notice described aviation security restrictions imposed in the wake of last week's attempted bombing of a Northwest Airlines flight.
The Reporters Committee for Freedom of the Press is attempting to arrange legal counsel to aid Elliott in making a bid to block the subpoena served on him Tuesday, the group's executive director, Lucy Dalglish told POLITICO.
"These are just, sort of, bullying subpoenas," Dalglish complained. She said Elliott has been seeking a formal extension of the deadline he faces today to turn over "all documents, emails, and/or faxsimile (sic) transmissions" relating to his receipt of the directive. Elliott has posted the text of the subpoena to his blog.
Under federal law, defying a TSA subpoena is punishable by up to a year in prison, as well as a fine.
Another travel blogger who published the same directive, Steven Frischling, complied with the TSA's demands to turn over the information. He allowed agents to see his emails and to copy his computer's hard drive. However, Frischling reportedly said he had no idea who sent him the directive, which arrived unsolicited from someone who did not give his or her name.
Most subpoenas issued to journalists by the federal government come from the Justice Department, which has a special protocol requiring personal approval from the Attorney General in nearly all cases. That process usually takes months or longer. TSA, by contrast, issued the subpoenas to Elliott and Frischling just five days after the directive was issued and about two days after the men wrote about it.
"I imagine TSA has never executed a subpoena on a journalist before so they probably think, 'What's the big deal?" Dalglish said. "It's clear that if this were a subpoena issued by DOJ, you’d have more substantive rights."
Dalglish said Elliott would certainly be ineligible to be subpoenaed under media shield legislation pending in Congress. However, those bills are not law. Dalglish said she had not consulted with Frischling and was less aware of his situation.
These guys are now off the hook.
(There's also a story on this at Wired.com...)
Very interesting. Thanks for posting.
citizen taps keyboard.... blog entry...
bang! doors kicked in, flashbang grenade goes off, heavily armed troops enter and hold point of guns at his chest and head. Other agents start taaking his computer apart.
“You have written about government. Thats a big no-no, we’re watching you bloggers!”
...............
oh wait... never mind. That would never happen in America.
Such bunch of professionals, uh?
I believe the Supreme Court ruled in the early 80’s that if the “press” wrote about government documents it was first amendment protection. Even if the press STOLE the document or got it otherwise illegally.
Bloggers deserve to have the same kind of protection, IMO.
Very interesting.
Is Holder pushing or driving this cart? Does National Security (if that is what this is) trump Freedom of the Press? If heads will roll, are they trying to ensure it’s the little guys (bloggers) who heads roll? Is the Administration acting tough in this another hour of weakness?
This will be interesting to see how it plays out.
And it didn’t take long.
Glad to see the system works.
Declaring it a “secret” directive was stupid anyway, since passengers would have to be informed of the content of the directive immediately.
“The investigation is nearing a successful conclusion”
“The system worked”
“The recession is over”
I don’t believe one word these asshats try to push on us.
They’re in 100% spin control 24 hours a day (and it aint enough!)
cluster f...
A victory for freedom of the press! Hadn’t heard about this though — that the DHS (and thus TSA) has subpoena power? I know DOJ and Congressional committees have the same power, but I was surprised by that.
“Under federal law, defying a TSA subpoena is punishable by up to a year in prison, as well as a fine.”
...
Most subpoenas issued to journalists by the federal government come from the Justice Department, which has a special protocol requiring personal approval from the Attorney General in nearly all cases. That process usually takes months or longer. TSA, by contrast, issued the subpoenas to Elliott and Frischling just five days after the directive was issued and about two days after the men wrote about it.
“I imagine TSA has never executed a subpoena on a journalist before so they probably think, ‘What’s the big deal?” Dalglish said. “It’s clear that if this were a subpoena issued by DOJ, you’d have more substantive rights.”
Or maybe Big Sis went out and did this without consulting the Attorney General. Even if the supoenas were lifted TSA succeeded in getting one guy to cave.
SECHLS Chewbacca might be guilty of that.
It will be interesting to see how this unfolds. In soooooo many directions. It might just chew several political hanger-oners up and spit them out.
However CIA and Pentagon leaks will still be encouraged and reported by the New York Times
Yep, TSA got what it wanted. Pro’ly found it was sent out by a FOM and squashed the whole thing. Plus they have enough on the bloggers to have their way with them any time they want. That’s my guess.
| “These are just, sort of, bullying subpoenas” I’m sure this is not the first time — nor the last time — the Feds have employed such a threatening technique against the blogosphere in general, or the owner of a website in specific ... |
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