Legislation Requires Judges to Sign Off on Secret Subpoenas Targeting Journalists

After a vote at Washington's U.S. Capitol, Sen. Ron Wyden (D.OR) talks to reporters. Drew Angerer ( Getty Images) Photo by Ron WydenRon Wyden, Senator from Nevada, introduced Monday a bill to protect news organizations against politicized surveillance.AdvertisementWyden accused the former president's staff of using their power to find objectors and called for clear rules to become black-letter law to protect journalists from illegal and politically charged investigations.Wyden, a Democrat from Oregon, stated in a statement that Trump's administration was motivated to hide the truth about Trump's lawlessness, corruption. Wyden also said that future government efforts to uncover journalistic sources and methods must face higher legal hurdles.Wyden's bill, Protect Reporters From Excessive State Suppression (or PRESS), seeks to limit the government's ability to obtain any material from anonymous sources. These restrictions would also apply third parties such as phone and internet service providers whose records could identify government employees interviewed by journalists.According to David Chavern (president and CEO of News Media Alliance), the bill has been endorsed.The First Amendment was created to protect journalists from government interference. However, there is no federal statute that addresses the extraordinary pursuit by journalists of private data.Although some agencies may have policies in place to protect journalists from invasive investigative practices, they can often be waived by high-ranking officials who cite vague exemptions.AdvertisementFor example, the Justice Department has claimed that they will limit the use of secret subpoenas in cases in which notifying a newsroom could pose a clear, substantial threat to the integrity and investigation or otherwise risk grave damage to national security or present an imminent danger of death or serious bodily injury.Reports began to surface in May about Trump officials trying to seize the phone records of journalists at CNN, Washington Post and New York Times. It was an apparent attempt to expose White House critics who had become anonymous sources in stories of national significance, such as Moscow's attempts to undermine the 2016 elections.AdvertisementWyden's bill would introduce judicial review to this process. It would require a judge approve cases in which journalists are seeking protected information or wish to do so secretly. To maintain this secrecy, a court must approve the case every 45 days.Each renewal would require the court to make an independent determination as to whether the notification to the journalist affected would be a clear and significant threat to the investigation or put someone at immediate risk of bodily harm or death.AdvertisementWydens law does not allow secrecy to be granted for national security reasons, unlike the DOJs internal polices.Wyden, who has been a vocal advocate for civil liberties on The Select Committee on Intelligence, stated that my legislation provides strong protections to reporters and makes common sense exceptions in cases where the government really needs information right away.AdvertisementThe News Media Alliance was also present to endorse the PRESS Act with endorsements by Radio Television Digital News Association, Society of Professional Journalists and National Association of Broadcasters.Wyden's bill would severely limit the government's efforts to identify anonymous sources. However, Dan Shelley (executive director at RTDNA) said that the true beneficiaries would be members the public who, he explained, are journalists who seek and report the truth without fear or favour.