Can’t be happy

U.S. ruling in Apple case bolsters Web reporters – Technology – International Herald Tribune This is good news for web reporters and bloggers alike.

SAN FRANCISCO A California appeals court has ruled that online reporters are protected by the same confidentiality laws that protect traditional journalists, striking a blow against efforts by Apple Computer to identify people who leaked confidential company data.

On Friday, the three-judge panel in San Jose overturned a trial court’s ruling last year that to protect its trade secrets, Apple was entitled to know the source of leaked data published online. The appeals court also ruled that a subpoena issued by Apple to obtain electronic communications and materials from an Internet service provider was unenforceable.

In its ruling, the appeals court said that online and off-line journalists were equally protected under the First Amendment to the U.S. Constitution.

“We can think of no workable test or principle that would distinguish ‘legitimate’ from ‘illegitimate’ news,” the opinion states. “Any attempt by courts to draw such a distinction would imperil a fundamental purpose of the First Amendment,” which guarantees freedom of the press. The ruling states that Web sites are covered by California’s shield law protecting the confidentiality of journalists’ sources.