Apple vs. the Bloggers: How It Unfolded and Where It Stands Now
Subject:   I hope Apple takes it up to the Supremes.
Date:   2006-06-25 11:50:08
From:   rufferto
Response to: I hope Apple takes it up to the Supremes.

I'd go further than that. Who are journalists that they require special privileges? Shouldn't the law and constitutional protection apply equally to everyone? Either everyone has the right to withhold their sources of information or no-one does. Either everyone has a right to privacy (on the internet or off) or no-one does. I think the real issue boils down to whether a person is contributing to an illegal act and not whether or not they are "journalists".

However in that regard I have to side with Apple's argument that the disclosure of this information was very likely a criminal act since the material was NDA'd and publishing the documents amounts to aiding and abetting. The only way such material could be justifiably published would be if the NDA'd material were itself evidence of criminal misconduct and thus of public interest. Otherwise what you have is just a group of people who want to know Apple's trade secrets and what Apple is doing before anyone else does. Let them all sign NDAs and/or try to work for Apple if they are so inclined.