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Appeals Court: Internet News Reporters and Bloggers Protected by Shield Laws
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Currency Day Trading (AXcess News) New York - A California appeals court has ruled that online reporters, commentators and bloggers are protected by the same confidentiality laws that protect print and broadcast journalists, striking a blow against efforts by Apple Computer to identify people who leaked confidential company data, according to the New York Times.
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Financial Software Trading A three-judge panel on Friday overturned a lower court's decision in 2005 that to protect its trade secrets, Apple was entitled to know the source of leaked data published online, said the International Herald Tribune report.
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Online Stock Trading Company The appeals court decision also stipulated that a subpoena issued by Apple to obtain electronic communications and materials from an Internet news service was unenforceable. In its ruling, the appeals court said that online and off-line journalists were equally protected under the First Amendment to the US Constitution.
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Forex Day Trading "We can think of no workable test or principle that would distinguish 'legitimate' from 'illegitimate' news," the opinion states.
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Financial In Market "Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment," which guarantees freedom of the press.
Stock Trading System The ruling states that Web sites are covered by California's shield law protecting the confidentiality of journalists' sources, according to court papers.
Day Trading Stock Tip Apple attorneys asserted in in the suit that Web sites publishing reports about Apple were not engaged in legitimate news gathering but were misappropriating trade secrets and violating copyrights. But the appellate panel disagreed, said the International Herald Tribune story.
Financial Forex Forex Software "Beyond casting aspersions on the legitimacy of petitioners' enterprise, Apple offers no cogent reason to conclude that they fall outside the shield law's protection," the ruling states.
Stock Market Trading The ruling could have a far- reaching impact in California courts on other writers who publish electronically, including bloggers who regularly post news and opinion online without the backing of a mainstream news operation, according to the Times story.
Day Lesson Stock Tip Trading "This ruling will probably prove instructive to other online writers," said Kurt Opsahl, a lawyer with the Electronic Frontier Foundation, a civil liberties organization, who argued the case in front of the appeals court last month.
Financial System Trading "It says that what makes a journalist is not the format but the function."
Day Trading Future The ruling will also impact upon mainstream news organizations, many of which are owned by corporations. The court imparted legitimacy to independent reporters, commentators and bloggers, as well as recognizing the significance of electronic journalism.
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