Eric Holder Officially Signs New Rules To Protect Journalists... But Fine Print Shows They're Meaningless
from the that's-a-mighty-big-loophole-you've-got-there dept
As expected, the rules do suggest a slight nod towards respecting the privacy of journalists who are engaged in "ordinary news-gathering activities" but leaves open plenty of loopholes. The biggest, by far, is noted by Marcy Wheeler, who points out that the new rules don't cover FISA warrants or National Security letters. In other words, the DOJ can still make use of the massively abused process of national security letters (NSLs) to go on fishing expeditions against journalists. As Wheeler notes, this means that the new guidelines are "worth approximately shit in any leak -- that is, counterintelligence -- investigation."
The whole thing is a joke, but the problem is that the idea of a free and open press is the punchline.