Bloggers do not have to reveal sources: Court Rules

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

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 online and offline journalists are equally protected under the First Amendment.

The ruling states that Web sites are covered by California's shield law protecting the confidentiality of journalists' sources.

Apple had argued that Web sites publishing reports about Apple were not engaged in legitimate news gathering but rather were misappropriating trade secrets and violating copyrights.

The Sixth District Court of Appeals disagreed. Though the judges accepted Apple's argument that it is entitled to protect its trade secrets, they ultimately ruled against the company for failing to demonstrate that it had exhausted its investigative options to find the alleged leakers.

This is a victory for the rights of journalists, whether online or offline, and for the public at large.

The ruling is also noteworthy because it takes Apple to task for its "dismissive characterization" of the defendants as something other than journalists.