Author: Julia Jacobson

Although journalists are sometimes sued for libel, or perhaps failing to disclose sources in an investigation, some now face a much newer accusation: illegal hacking.

Two companies, TerraCom Inc. and YourTel America recently threatened to sue a reporter for illegally downloading information. Isaac Wolf, a reporter for Scripps Howard News Service, said he was researching companies that provide discounted phone services to low income Americans when he stumbled across records containing Social Security number and birth dates.

Wolf subsequently published his findings and wrote a story about the company’s security flaw, which included a state-by-state breakdown of where the most security breaches were occurring.

Scripps Howard claims the records were easily accessible and not password protected, but TerraCom and YourTel American say the company “hacked” into their servers. An Indian company subcontracted by TerraCom and YourTel that processes applications for the phone program had put the personal information online. It is not clear if the Indian company will be involved in future lawsuits.

However, counsel for the two companies cited the Computer Fraud and Abuse Act (CFAA) as grounds for a lawsuit against Scripps Howard because the news service gained unauthorized access into computer files and transferred this information into their servers. Scripps Howard argues they did not violate the CFAA and remain  innocent – all the information was obtained through simple searches accessible to the public.

The CFAA is not without its critics. Prominent computer crime law attorney Tor Ekeland said the CFAA is problematic because of its broadness and the act leaves a lot of parameters like “unauthorized access” open to interpretation. Another critic, Wire magazine, published a story calling the current CFAA vague, redundant, and vulnerable to abuse from prosecution.

Another example of the problems associated with the CFAA is the death of Aaron Schwartz. After computer programmer Aaron Schwartz committed suicide while facing felony charges for computer fraud, Internet activists protested the CFAA for driving the young prodigy to his death.

Although  Schwartz  definitely committed a crime, supporters believe he was treated harshly. Schwartz had recently stolen millions of documents from JSTOR by hacking into the Massachusetts Institute of Technology’s network. He was facing 35 years of jail time at the time of his suicide.

In response, several United States Representatives introduced Aaron’s Law this past summer, an amendment to the CFAA that would reduce punishments and eliminate jail time. According to govtrack.us, the bill has an 8 percent chance of being enacted.

Multiple reports surfaced last week that sponsors may be writing some of the Olympians social media posts, working with their managers and publicists to craft messages from the athletes’ personal accounts. Reps for figure skating darlings Ashley Wagner and Gracie Gold both reported that the athletes have sponsors compose some of their tweets, as told in a story by U.S. News.

For example, Cover Girl (owned by Procter & Gamble) has been promoting pictures of Wagner on the figure skater’s personal social media accounts. Wagner has retweeted images of the skater modeling for Cover Girl, and posted an Instagram pic promoting red lipstick. Hilton Honors, a reward program for the Hotel chain, has also been mentioned on Wagner’s Twitter.

It’s no secret that the Olympics pull in an enormous amount of advertising revenue, and from countries all over the world. Large corporations that have the money to do so are wise to advertise with the Olympics. But in recent years, it’s become even easier to latch on to the Olympic brand without becoming an official sponsor. Global Language Monitor, a marketing analyst group located in Texas, released a report with Gold, Silver and Bronze medals for companies that have done the best promoting their brand at the Olympics.

Among the top leaders in advertising were Subway, P&G, Samsung, Panasonic, Coca-Cola and Rolex, even though only Coca-Cola, P&G and Samsung are listed as official sponsors under the Olympic Partner Programme. Obviously, some companies are doing well – maybe even so well that they don’t need to pay top dollar to the Olympics Committee.

Olympians aren’t the only ones who let others use their social media accounts for advertising and other promotions. Other athletes and celebrities do this as well. But advertisements from an individual’s social media account could lead to future ethical problems. How do followers know what material is promotional, and what is a truthful endorsement? In the future, how can consumers trust Wagner’s opinions if she is being paid for her answers? Wagner does include a line in her Twitter bio: “Thank You, Mom & Cover Girl,” and it is a verified account – so many Twitter views might actually believe her tweets are coming from her, instead of Cover Girl or Hilton.

Dodgeville, Wis. Mayor, Todd Novak, has worked for the local Dodgeville Chronicle for the past 24 years–and now he’s running for the state Assembly.

Chris Rickert, writing for the Wisconsin State Journal, cautioned, if Novak is elected, “his judgment and ability to understand the meaning of ‘conflict of interest'” would extend beyond the small town weekly paper, creating a, “direct impact on 5.7 million Wisconsinites, not just the 4,700 of them who live in Dodgeville.” 

Novak pointed out the Dodgeville Chronicle makes sure he doesn’t cover issues that conflict with his position as Mayor and that the paper would be sure to ‘nail’ him in print for any unethical behavior, like accepting a bribe.

The Center for Journalism Ethics’ director, Robert Drechsel, referencing the Society of Professional Journalists Code of Ethics, discussed the ethical implications of Novak’s position as both a journalist and an elected official with Rickert. 

[Drechsel] pointed to the Society of Professional Journalists Code of Ethics, which says, in part, that journalists should “avoid conflicts of interest, real or perceived” and “shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity.”

Read the entire article here.

U.S. authorities used an affidavit as legal means to search a journalist’s private emails after he published classified national defense information. The U.S. state department official who gave the information to the journalist will likely serve a 13-month prison sentence for passing classified information to a journalist.

A story James Rosen, a reporter for Fox News, published about North Korea in June 2009, specifically the detail that North Korean sources informed the CIA that North Korea would conduct new nuclear tests in retaliation of recent UN sanctions, brought the FBI (with affidavit in hand) to Rosen’s private email account, according to an article from BBC News.

The state department intelligence adviser, Stephen Kim, admitted and pleaded guilty to the unapproved disclosure of U.S. national defense intelligence.

David Ingram, writing for Reuters, described the frustration from journalists and freedom of the press proponents regarding the search of Rosen’s private emails, as journalists have generally been able to publish government secrets without being prosecuted. 

In developments last year that drew outcry from advocates for press freedom, the FBI obtained Rosen’s emails as part of its investigation into Kim and described Rosen in a search warrant affidavit as a possible criminal co-conspirator.

Ingram also wrote that Rosen has not been charged and the Justice Department said it will not seek future charges against the Fox News reporter. 

On Obama’s orders, the Justice Department revised its guidelines and said it would not seek search warrants against journalists for carrying out “ordinary news-gathering activities.”

Read the entire Reuters article here.

This recent case is among a total of 8 court cases prosecuting alleged government leaks since Obama became President in 2009, and only the 11th in U.S. history. The most prominent in this series of prosecutions are Army Pvt. Chelsea Manning and former NSA contractor Edward Snowden who each disclosed many thousands of classified government documents in 2013.

While Rosen, the journalist involved in this recent case, was not prosecuted for reporting the classified information, national security, whistle blowers and government secrets continue to be widely contested issues for journalists and media outlets. While the government cites national security for the rise in the prosecution of leaks, a growing concern is that journalists won’t publish classified information for fear of prosecution. 

To engage in this ongoing debate, join the Center for Journalism Ethics’ annual conference Surveillance, Security and Journalism Ethics to discuss the issues facing 21st century journalism in a world of Wikileaks, NSA sweeps, corporate cooperation, whistleblowers and data mining May 2.