TSA Subpoena Lifted (Against Bloggers)

Politico.com ^ | Dec. 31, 2009 | Josh Gerstein

[Beaten Valve]

The TSA announced Thursday evening that subpoenas issued against bloggers for information they published are no longer in effect. From the TSA: "TSA takes any breach in security very seriously. In light of the posting of sensitive security information on the web, TSA sought to identify where the information came from. The investigation is nearing a successful conclusion and the subpoenas are no longer in effect."

Earlier: A Florida based travel-writer, Chris Elliott, is readying a legal challenge to the Transportation Security Administration's efforts to force him to disclose his source for a TSA directive he published on his blog. The notice described aviation security restrictions imposed in the wake of last week's attempted bombing of a Northwest Airlines flight.

The Reporters Committee for Freedom of the Press is attempting to arrange legal counsel to aid Elliott in making a bid to block the subpoena served on him Tuesday, the group's executive director, Lucy Dalglish told POLITICO.

"These are just, sort of, bullying subpoenas," Dalglish complained. She said Elliott has been seeking a formal extension of the deadline he faces today to turn over "all documents, emails, and/or faxsimile (sic) transmissions" relating to his receipt of the directive. Elliott has posted the text of the subpoena to his blog.

Under federal law, defying a TSA subpoena is punishable by up to a year in prison, as well as a fine.

Another travel blogger who published the same directive, Steven Frischling, complied with the TSA's demands to turn over the information. He allowed agents to see his emails and to copy his computer's hard drive. However, Frischling reportedly said he had no idea who sent him the directive, which arrived unsolicited from someone who did not give his or her name.

Most subpoenas issued to journalists by the federal government come from the Justice Department, which has a special protocol requiring personal approval from the Attorney General in nearly all cases. That process usually takes months or longer. TSA, by contrast, issued the subpoenas to Elliott and Frischling just five days after the directive was issued and about two days after the men wrote about it.

"I imagine TSA has never executed a subpoena on a journalist before so they probably think, 'What's the big deal?" Dalglish said. "It's clear that if this were a subpoena issued by DOJ, you’d have more substantive rights."

Dalglish said Elliott would certainly be ineligible to be subpoenaed under media shield legislation pending in Congress. However, those bills are not law. Dalglish said she had not consulted with Frischling and was less aware of his situation.

[Munz]

Now the only terrorists on the government watch list are us here I guess???