The Legality of Publishing Hacked E-Mails

[Gadi Evron <ge () linuxbox org>]

http://www.cjr.org/the_observatory/the_legality_of_publishing_hac.php

The publication of thousands of e-mails hacked from the University of 
East Anglia’s Climate Research Unit led to furious arguments about the 
science and politics of climate change. When the e-mails first leaked, 
however, reporters and bloggers on both sides of the debate expressed 
reservations about the legality and ethicality of publishing information 
acquired illegally.

Large excerpts and quotes of the e-mail exchanges have since been 
published in a variety of media, including newspapers, television, and 
blogs. The Wall Street Journal posted a full downloadable file on its 
Web site. Most outlets, however, opted to refer readers to places like 
www.eastangliaemails.com for the complete listing – a decision that drew 
many rebukes. The New York Times in particular has drawn harsh criticism 
for its handling of the e-mails. Public Editor Clark Hoyt wrote a 
convincing defense of the paper, arguing that it handled the situation 
“appropriately.”

Still, confusion over the legal and ethical implications of publishing 
hacked e-mails lingers. Some of the newspapers that have refused to 
publish the documents have general policies dictating that journalists 
not break any laws in the newsgathering process. Where these policies 
exist, however, they are a matter of journalistic ethics rather than an 
attempt to adhere to a well defined legal doctrine.

Given the confusion, CJR decided to consult relevant case law and spoke 
with two publishing law experts about the hacked e-mails. The following 
is a primer providing some direction for journalists. It should not be 
taken as legal advice. There is no absolute rule here and the unique 
details of each individual case are paramount.





-- 
Gadi Evron,
ge () linuxbox org.

Blog: http://gevron.livejournal.com/
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