Sen. Ron Wyden (D-Ore.) on Monday unveiled a bill that aims to protect journalists’ data from government subpoenas, in the wake of the news that the Justice Department during the Trump administration worked to obtain records of lawmakers and journalists.
“President Biden and Attorney General Garland have pledged to end these surveillance abuses, but the new policies can be reversed by future administrations,” the Senate Democrat added.
Lawmakers didn’t know they were being investigated until Apple informed them last month, after a gag order on the company secured by the DOJ had expired this year.
The federal government, unlike most states, does not have a version of a shield law for journalists and media organisations. The state laws do not apply to investigations by federal agencies, such as the justice department.
There are also currently no legal restrictions that prevent the government from secretly obtaining a reporters’ records directly from phone companies, email providers, and other third parties in order to identify their sources.
The bill defines a journalist as anyone who “gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.”
It would prohibit the federal government from compelling electronic storage service providers to hand over documents or information regarding a “covered journalist.” Reporters would also be given the opportunity to respond to demands for records from the federal government.
Wyden’s bill would protect journalists from court-ordered disclosures of information about their sources, with the exceptions of information necessary to prevent terrorism or identify a perpetrator of terrorism, or information that could prevent imminent violence or death.
“As the son of an investigative journalist, I know reporters are essential to holding the government accountable, and shedding sunlight on the uncomfortable truths those in power seek to conceal,” Wyden said in a statement. “There need to be clear rules protecting reporters from government surveillance written into black-letter law.”
He added: “My legislation creates strong protections for reporters, with common-sense exceptions for cases when the government truly needs information immediately.”
