From Ars Technica · · 2m
Trump admin loses fight to spy on journalists' LinkedIn
An appeals court blocked the DOJ's sweeping demand for 18 months of LinkedIn messages from journalists investigating military leaks, ruling it threatened press freedom.
In brief
An appeals court blocked the DOJ's sweeping demand for 18 months of LinkedIn messages from journalists investigating military leaks, ruling it threatened press freedom. A federal appeals court blocked the Trump administration's broad demand for LinkedIn data on journalists, saying it violated press freedom and went…
DOJ seeks broad journalist data
The Trump administration asked LinkedIn to hand over eighteen months of communications from targeted journalists who published over one thousand articles on various topics.
Request went beyond the leak investigation
The DOJ cast a wide net, requesting LinkedIn data on journalists with any possible link to those around the time a controversial military leak report was drafted.
Secrecy order kept journalists in the dark
The Trump administration secured a secrecy order barring LinkedIn from telling anyone about the request for a year, leaving journalists unaware their First Amendment rights were compromised.
Appeals court rules against government
A three-judge panel unanimously rejected the sweeping order, saying it posed a grave threat to press freedoms and caught journalists with no connection to the leak investigation.
Judge Wilkinson on security and speech
Ronald Reagan-nominated judge J. Harvie Wilkinson III wrote that a government request to scoop up reporters' records wholesale would tip the balance against informed discourse in a manner inimical to democratic health.
“A request by the government to scoop up reporters' records wholesale and ascertain the identity of their sources would tip the balance against informed discourse in a manner inimical to democratic health.”
Court rejects feasibility as justification
Wilkinson ruled it is not appropriate for district courts to approve requests purely because records are logistically feasible to compile, emphasizing that serious security and speech claims can coexist.
“It is not appropriate for district courts to approve requests purely because the records requested are logistically feasible to compile.”
Limited disclosure alternative proposed
The appeals court ordered the district court to reconsider LinkedIn's proposal to notify only a single attorney of the news outlet under investigation about the government's request.
Microsoft and press groups celebrate ruling
LinkedIn owner Microsoft said the ruling is important for privacy and press freedom. The Reporters Committee for Freedom of the Press called it a leading opinion on protecting confidential sources.
“This ruling is a big deal and will quickly become one of the leading opinions in the area, one we will be quoting from it for a long time.”
At a glance
A federal appeals court blocked the Trump administration's broad demand for LinkedIn data on journalists, saying it violated press freedom and went far beyond investigating a military leak.
