[iwar] [fc:Reporter.Subpoenaed.in.Hacking.Probe]

From: Fred Cohen (fc@all.net)
Date: 2002-06-04 18:47:00


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Date: Tue, 4 Jun 2002 18:47:00 -0700 (PDT)
Subject: [iwar] [fc:Reporter.Subpoenaed.in.Hacking.Probe]
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Reporter Subpoenaed in Hacking Probe

<a href="http://webcenter.newssearch.netscape.com/aolns_display.adp?key=2002060418450">http://webcenter.newssearch.netscape.com/aolns_display.adp?key=2002060418450>
00135629_aolns.src

WASHINGTON (AP) - Without required approval, U.S.  prosecutors sent a
subpoena to MSNBC demanding a reporter's notes, e-mails and other
information as part of an investigation into a nomadic young hacker who
acknowledged breaking into computers at The New York Times earlier this
year. 

The subpoena, which was withdrawn weeks later, also demanded any similar
material from MSNBC involving another journalist who contacted The New
York Times on behalf of the newspaper hacker after the break-in, then
wrote about it for an online publication. 

Under guidelines from the Justice Department, Attorney General John
Ashcroft or his deputy must personally approve any subpoenas sent to
journalists, and Barbara Comstock, director of the Office of Public
Affairs, must review such requests.  But senior Justice officials on
Ashcroft's staff at headquarters said they were unfamiliar with the
MSNBC subpoena, and Ms.  Comstock said she did not review it. 

``If that's true ...  they violated their own policy,'' said Lucy
Dalglish, executive director of the Reporters Committee for Freedom of
the Press. 

The subpoena, signed by an assistant U.S.  attorney from New York,
represents at least the second time since 2001 the Bush administration
has tried to compel journalists to turn over information related to a
criminal probe. 

Herbert Hadad, a spokesman for U.S.  Attorney James B.  Comey Jr.  in
New York, declined to discuss it. 

The Justice Department last year obtained the personal phone records of
Associated Press reporter John Solomon after he wrote about a federal
wiretap of Sen.  Robert Torricelli. 

MSNBC's lawyer, Yuki Ishizuka, said it was unclear whether federal
prosecutors will resubmit the subpoena, but the company has recently
warned some reporters not to delete e-mails that might be connected to
the case. 

Ishizuka said the subpoena, withdrawn in mid-May, demanded from MSNBC
reporter Bob Sullivan any e-mails or notes about conversations about the
newspaper's computer break-in with hacker Adrian Lamo and Kevin Poulsen,
now an online journalist. 

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