Linked by Thom Holwerda on Wed 14th Sep 2005 17:30 UTC, submitted by kellym
The Electronic Frontier Foundation last week won the right to unseal court documents related to Apple's efforts to subpoena the sources of online journalists. The documents, previously sealed by the Court and unavailable to the journalists and their attorneys, show that Apple moved to subpoena the reporters' sources before conducting a thorough investigation within the company.
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While the Bill of Rights may be with respect to the federal government, no state may abridge a citizen's rights that are protected at the federal level.
It should also be noted that sites with standing legal departments that also published the same information have not been subpoened.
"And the source violated a contract, according to Apple. If you want to argue, argue what obligation the government has to assist Apple in enforcement of a contract."
That has been part of my argument from the start. I have consistently refered to the judge in this matter as an "activist judge." Think Secret did not violate a contract and they received their legally. It is no one's responsibility to ensure that the person speaking to them can do so legally.
Again, this is a civil matter but criminal penalties (imprisonment) are being applied, which is directly against the writers of the Constitution wishes. People being imprisoned for civil issues such as debt was clearly at the forefront of the thinking.