Op-Ed: Charges Against Journalist Tim Burke Are a Hack Job

Freeman writes:

https://arstechnica.com/tech-policy/2024/03/charges-against-journalist-tim-burke-are-a-hack-job/

Caitlin Vogus is the deputy director of advocacy at Freedom of the Press Foundation and a First Amendment lawyer. Jennifer Stisa Granick is the surveillance and cybersecurity counsel with the ACLU's Speech, Privacy, and Technology Project. The opinions in this piece do not necessarily reflect the views of Ars Technica.

Imagine a journalist finds a folder on a park bench, opens it, and sees a telephone number inside. She dials the number. A famous rapper answers and spews a racist rant. If no one gave her permission to open the folder and the rapper's telephone number was unlisted, should the reporter go to jail for publishing what she heard?

If that sounds ridiculous, it's because it is. And yet, add in a computer and the Internet, and that's basically what a newly unsealed federal indictment accuses Florida journalist Tim Burke of doing when he found and disseminated outtakes of Tucker Carlson's Fox News interview with Ye, the artist formerly known as Kanye West, going on the first of many antisemitic diatribes.
[...]
According to Burke, the video of Carlson's interview with Ye was streamed via a publicly available, unencrypted URL that anyone could access by typing the address into your browser. Those URLs were not listed in any search engine, but Burke says that a source pointed him to a website on the Internet Archive where a radio station had posted "demo credentials" that gave access to a page where the URLs were listed.

The credentials were for a webpage created by LiveU, a company that provides video streaming services to broadcasters. Using the demo username and password, Burke logged into the website, and, Burke's lawyer claims, the list of URLs for video streams automatically downloaded to his computer.

And that, the government says, is a crime. It charges Burke with violating the CFAA's prohibition on intentionally accessing a computer "without authorization" because he accessed the LiveU website and URLs without having been authorized by Fox or LiveU. In other words, because Burke didn't ask Fox or LiveU for permission to use the demo account or view the URLs, the indictment alleges, he acted without authorization.

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