Letter_to_DOJ_re_Raid_on_Tim_Burkes_Home_Newsroom

To the extent that the DOJ’s investigation is based on Burke’s use of “demo” credentials to access to the platform on which he found the publicly accessible URL, it is also not clear how such access could be “without authorization.” Burke, to the best of our knowledge based on the aforementioned reporting, received the demo credentials from a source, who found them publicly posted on the internet. [...] The DOJ should explain whether the search complied with the PPA and DOJ policies The DOJ must also be transparent about the procedures that were (or were not) followed during and after the search of Burke’s home. [...] 4 the News Media” (the “News Media Policy”) states that, subject to limited exceptions, the DOJ “will not use compulsory legal process [including search warrants] for the purpose of obtaining information from or records of members of the news media acting within the scope of newsgathering.” The News Media Policy states that “[a]ll authorizations pursuant to this section must comply” with the PPA’s. [...] The News Media Policy further provides that when there is a “close or novel” question as to whether someone is a member of the news media or acting within the scope of newsgathering, any determination must be approved by the Assistant Attorney General for the Criminal Division.19 We appreciate the DOJ’s revisions to the News Media Policy,20 and do not doubt that it is the department’s intention th. [...] The government’s response brief takes the position that Burke should not be considered a “member of the news media” who is “acting within the scope of newsgathering” under the News Media Policy, despite the fact that the court has rightly acknowledged Burke’s status as a member of the media.22 In support of its position, the response brief notes Burke had not recently published under his own bylin.