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Topic: Confidential source

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	Journalism sourcing - Wikipedia, the free encyclopedia
		Sources may also engage in disguise and/or voice alteration, nicknames, aliases, or simply not mention their identity, as attempts to ensure their anonymity.
		Some courts have upheld the sanctity of the informal privacy agreement between a journalist and his/her sources as a matter of unofficial confidence, in the belief that the confidential nature of the journalist-source relationship underpins the existence of a free press.
		Communications between a source and a journalist can be governed by a number of terms of use, which have developed over time between journalists and their sources, often government or other high-profile sources, as informal agreements regarding how the information will be used, and whether the identity of the source will be protected.
	en.wikipedia.org /wiki/News_source (1941 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Similarly, the character of the crime at issue and the source's relation to the crime may be relevant to determining whether a source cooperated with the FBI with an implied assurance of confidentiality.
		As the Court of Appeals phrased it, the issue was "whether the fact that the source supplied information to the FBI in the course of a criminal investigation is alone sufficient to support an inference that the source probably had a reasonable expectation that no unnecessary disclosure of his or her cooperation would occur." Ibid.
		It argues that an assurance of confidentiality is "`inherently implicit'" whenever a source cooperates with the FBI in a criminal investigation.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=CASE&court=US&vol=508&page=165 (4938 words)

	New York Times Company: Our Company: Business Units: The New York Times - Confidential News Sources (Site not responding. Last check: 2007-10-12)
		When we use such sources, we accept an obligation not only to convince a reader of their reliability but also to convey what we can learn of their motivation — as much as we can supply to let a reader know whether the sources have a clear point of view on the issue under discussion.
		Confidential sources must have direct knowledge of the information they are giving us — or they must be the authorized representatives of an authority, known to us, who has such knowledge.
		In the case of a routine story with unidentified sourcing, the name or explicit role of the source should be conveyed confidentially to the reporter's department head.
	www.nytco.com /company-properties-times-sources.html (1588 words)

	[No title]
		As the Court of Appeals phrased it, the issue was -whether the fact that the source supplied information to the FBI in the course of a criminal investigation is alone sufficient to support an inference that the source probably had a reasonable expectation that no unnecessary disclosure of his or her cooperation would occur.- Ibid.
		disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation,.
		It argues that an assurance of confidentiality is -`inherently implicit'- whenever a source cooperates with the FBI in a criminal investigation.
	www.eff.org /Activism/FOIA/doj_v_landano.decision (4886 words)

	The New York Law Journal - The Confidential Source in Securities Fraud Lawsuits
		This article discusses some current trends in recent decisions regarding the use of confidential sources in securities fraud lawsuits, and suggests that those courts that do permit their use are employing a more rigorous approach in scrutinizing the allegations attributed to those sources, and are requiring significantly more factual specificity than previously was condoned.
		Relying on reports by confidential former employees, the plaintiffs alleged that the defendants engaged in a "box and hold" practice, whereby a substantial quantity of out-of-date inventory was stored in warehouses during the class period without being marked down.
		Although the court noted that Novak requires that such sources be described with sufficient particularity to support the probability that they possess the information that forms the basis of plaintiff's allegations, the court's decision did not reflect any analysis of whether the confidential sources would have been in a position to possess the information alleged.
	www.law.com /jsp/nylj/PubArticleNY.jsp?id=1114160707264 (1859 words)

	Anonymous Sources: The Scourge of American Journalism? \| TPMCafe
		Sources are not paid for news, either in cash for tips or interviews, or in promises of future coverage or other favors.
		If the source wishes to withhold his or her identity from the editor, then the reporter and editor must decide whether or not to use the information even though the source's identity remains known only to the reporter.
		Editors who learn the identity of the source will be bound by the same confidentiality agreement reached between the reporter and the source, and the source's identity will not be made known to anyone outside of the Mercury News.
	www.tpmcafe.com /story/2005/6/6/104318/5858 (1134 words)

	OIG Audit Report: The DEA’s Payments to Confidential Sources
		Confidential sources come from all walks of life and are significant to initiating investigations and providing information or services to facilitate arrests and seizures of drugs and cash.
		Confidential sources can be motivated by many factors, including fear, financial gain, avoidance of punishment, competition, and revenge; therefore, the credibility of a source must be balanced against the information they provide.
		The risks surrounding the use of confidential sources challenge the DEA to ensure that sources are not only credible, but also that agents do not develop close financial or personal relationships with sources that could compromise a case.
	www.usdoj.gov /oig/reports/DEA/a05 (2624 words)

	firstamendmentcenter.org: analysis
		There are no reported state cases dealing with reporters’ privilege and confidential sources, so the extent to which Mississippi recognizes the privilege is not clear.
		The court has only addressed confidential sources so it is unclear whether non-confidential sources are covered by the privilege.
		Confidential information is covered by the privilege; however, it is unclear whether non-confidential information is covered.
	www.firstamendmentcenter.org /analysis.aspx?id=15938 (5295 words)

	Semiannual Report to Congress: April 1, 2005-September 30, 2005
		Confidential sources are an important tool used by the DEA to help initiate investigations and provide information or services to facilitate arrests and seizures of drugs and cash.
		In addition, once a confidential source has been established, the guidelines require the case agent to review, at least annually, the confidential source's file and complete and sign a written Continuing Suitability Report and Recommendation (CSRR) that must be forwarded to a field manager for written approval.
		The purpose of the CSRR is to determine whether the risk of using a source has changed since the initial evaluation and whether the confidential source should continue to be utilized.
	www.usdoj.gov /oig/semiannual/0511/dea.htm (1068 words)

	“You Didn’t Hear This from Me…”
		They do try to push at least some sources to go on the record, but confidentiality becomes a routine that feeds on itself: Sources who might be willing to go on the record see how readily the paper provides confidentiality, so they hide behind the same cloak.
		After the interview, which was conducted on the basis of confidentiality, he’ll find a fairly harmless quote and ask the source whether she minds saying that on the record.
		But frequently we really use confidential sources to break stories a cycle earlier than the competition – to be the first to report that a coach is being fired or hired or to break the news before the press conference scheduled for the next morning.
	www.notrain-nogain.org /Train/Res/Ethics/Edidnt.asp (2497 words)

	Bench & Bar of Minnesota
		All news sources should be aware that editors, not reporters, ultimately decide whether to publish or broadcast a story that contains information from confidential sources.
		Offers involving confidentiality, whether initiated by the reporter or the source, generally are legally enforceable upon acceptance.
		Unless and until recent controversies over confidential sources reach the United States Supreme Court, Minnesota holds the distinction of providing the leading case on remedies available when journalists renege on a confidentiality promise.
	www2.mnbar.org /benchandbar/2006/feb06/news_sources.htm (1248 words)

	Law.com: 'Sports Illustrated' Libel Case Raises Troublesome Issues
		One of them likely was the anonymous source for the story, the judge suggested, and lawyers could learn her identity by simply asking her.
		Media lawyers said the second decision backed away from a definitive ruling that would have forced them, in confidential source cases, to choose between honoring attorney-client privilege and their duties as an officer of the court.
		We asked counsel during oral argument if he would inform the district court should the confidential source falsely deny under oath that she is the source.
	www.law.com /jsp/law/LawArticleFriendly.jsp?id=1129107914801 (1536 words)

	American Journalism Review (Site not responding. Last check: 2007-10-12)
		She had received a voluntary, direct waiver from her source releasing her from her promise of confidentiality and enabling her to testify in the federal investigation of a CIA agent's leaked identity.
		While those were not the sources Leggett was primarily concerned with protecting, she says she would not have testified even if other sources had come forward because such nuances are lost on the public.
		Pincus says most of his confidential sources are people he's dealt with for years, a point he feels has been lost in the outcry over the chilling effect on sources' willingness to come forward.
	www.ajr.org /Article.asp?id=4038 (4866 words)

	Amy Ridenour's National Center Blog: Confidential Source Use Tends to Harm Journalism
		Too often journalists use confidential sources when it isn't really necessary, making it much harder for the reader to decide if the source is objective or has the necessary expertise to be credible.
		Even taking a lower key approach by approaching other journalists and becoming a confidential source a second time is unlikely to get the record corrected, since no reader will have enough information to perceive that the second story is intended to correct the first.
		Argument 3: Arguments that protected confidential sources once in a while allow a journalist to solve a crime or protect the public in some tangible way skirt the fact that most confidential sources are promoting themselves, not the public interest.
	www.nationalcenter.org /2006/03/confidential-source-use-tends-to-harm.html (1031 words)

	U-WIRE.com/U. Alabama vehemently contests NCAA's use of confidential sources (Site not responding. Last check: 2007-10-12)
		It came as a surprise to most, however, that the COI used two confidential sources, one that the University was aware of before its Nov. 17, 2001 hearing and another source whose identity is still a mystery to the UA defense team.
		The enforcement staff revealed for the first time during a pre-hearing conference on Oct. 30, 2001, that it intended to use the confidential source's testimony to prove aspects of its case, which was not part of the University's agreement.
		Furthermore, the University said the confidential source was to be used as background only for the Albert Means allegations, which implicated booster Logan Young.
	www.uwire.com /content/topsports082102002.html (900 words)

	American Journalism Review (Site not responding. Last check: 2007-10-12)
		This broad support for a reporter's right to shield sources comes as protection of anonymous sources is under assault in the federal courts and as abuse of unnamed sources has fomented myriad news scandals.
		From the imaginary unnamed sources of Jayson Blair and Jack Kelley to the lone confidential source who served up Newsweek's infamous Quran-in-the-toilet item, the press' penchant for quoting unnamed speakers has prompted much debate within the industry.
		Although Paulson tightened scrutiny of unnamed sources in the wake of the Kelley fiasco, he says he would have adopted a similar policy anyhow, based on skeptical comments he heard from hundreds of people during his seven years as executive director of the First Amendment Center.
	ajr.org /Article.asp?id=3909 (1211 words)

	Pensacola Beach Blog: Confidential Source Week
		Let's officially designate this as "Confidential Source Week." Pensacola actually has some small connections to famous confidential sources in the journalism world, you may be surprised to learn.
		Just a month ago, another court decision on rehearing concluded that if Heninger could establish any witness was lying when she denied being the confidential source, the magazine's lawyers would not have to inform the court.
		Apparently, Time Inc. is claiming that Heninger or his client broke the agreement by 'outing' Destiny as the 'confidential source' -- even though she seems in reality not to have been an eye witness to anything that happened in the hotel room.
	pbrla.blogspot.com /2005/10/confidential-source-week.html (1285 words)

	RTNDF ETHICS PROJECT AND COVERAGE GUIDELINES (Site not responding. Last check: 2007-10-12)
		Be especially careful in the use of confidential sources.
		A story that uses confidential sources should be of overwhelming public concern.
		When confidential sources are used, over half of the people (51%) believe only about half of what they hear.
	www.rtnda.org /ethics/confidential.shtml (396 words)

	Post Editor Foresees Possibility of Naming Leak Source - New York Times
		Woodward's aggressive reporting on the Watergate scandal helped define for many Americans the importance of journalists' confidential sources, is now caught between two competing interests.
		Downie noted that another Post reporter, Walter Pincus, had testified in a deposition about another source in the leak case whom the newspaper had not identified because of a promise of confidentiality.
		Woodward was continuing to press his source for permission to print the name, as well as continuing to report on the leak case.
	www.nytimes.com /2005/11/18/politics/18media.html?ex=1289970000&en=2d0db94520fd2853&ei=5088&partner=rssnyt&emc=rss (1056 words)

	firstamendmentcenter.org: About
		Americans strongly support the right of journalists to use confidential sources in news reporting, according to a new First Amendment Center national survey released Oct. 14, 2004, during the annual Associated Press Managing Editors conference in Louisville, Ky.
		Asked if “news stories that rely on unnamed sources should not be published in the first place,” respondents were less certain: 52% agreed; 44% disagreed.
		Results of the new survey were presented at the APME conference today during a discussion of recent legal challenges to journalists over confidential sources.
	www.firstamendmentcenter.org /about.aspx?item=2004_confidential_sources (802 words)

	For Time Inc. Reporter, a Frenzied Decision to Testify - New York Times
		But he told the judge that he had just received a surprising communication from his source that would allow him to testify before a grand jury investigating the disclosure of the identity of a covert C.I.A. operative.
		Cooper, it turns out, never spoke to his confidential source that day, said Robert D. Luskin, a lawyer for the source, who is now known to be Karl Rove, the senior White House political adviser.
		And the calls were the culmination of days of anxiety and introspection by a reporter who by all accounts wanted to live up to his pledge to protect his confidential source yet find a way to avoid going to jail as another reporter, Judith Miller of The New York Times, was about to do.
	www.nytimes.com /2005/07/11/politics/11time.html?ei=5090&en=0409937f47d06652&ex=1278734400&adxnnl=1&partner=rssuserland&emc=rss&adxnnlx=1121096064-KvgVxZCYPoM6eItGMad1jw (849 words)

	The Hindu : International : Time to disclose confidential source
		NEW YORK: The owners of Time magazine on Thursday submitted to judicial pressure to disclose a confidential source and promised to hand over the notes of a reporter threatened with jail.
		U.S. District Judge Thomas Hogan has charged Matthew Cooper of Time and Judith Miller of the New York Times with contempt of court for refusing to reveal the identity of their contacts regarding the leak of an undercover CIA officer's name.
		Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu
	www.hindu.com /2005/07/02/stories/2005070200411500.htm (375 words)

	Legal Watch: First Amendment protects magazine reporter's confidential source (July 29, 2005)
		In a May 2003 article, Sports Illustrated quoted a confidential source saying that then-University of Alabama football coach Mike Price had sex with two strip-club dancers in a hotel room in Pensacola, Fla. Price admitted that he went to the club but denied the other allegations in the story.
		Price's denial that he was in the room met the first requirement and knowing the identity of Yeager's source was necessary to make out a case for defamation, the court said (the third requirement).
		While Yeager's source is "almost certainly" one of the three female dancers, and the roommate may also know who the source is, Price has not deposed them, the court noted.
	www.gannett.com /go/newswatch/2005/july/nw0729-3.htm (538 words)

	Legal Watch: Appeals court orders reporter to reveal confidential source (July 9, 2004) (Site not responding. Last check: 2007-10-12)
		A federal appeals court recently ordered a reporter to reveal the confidential source of an undercover FBI videotape of an alleged bribe.
		He refused to reveal his source and was held in contempt of court.
		Other courts have held that reporters can not be forced to reveal confidential sources unless doing so is "directly relevant to a nonfrivolous claim or inquiry undertaken in good faith" and only if the same information is not "readily available from a less sensitive source," the appeals court noted.
	www.gannett.com /go/newswatch/2004/july/nw0709-5.htm (493 words)

	TWikIWeThey . Main . SCOvsIBMNonDisclosureAgreement (Site not responding. Last check: 2007-10-12)
		SCO has offered to show what it claims to be confidential information that supports the claims it has made in its lawsuit against IBM, but only to people who sign a Non Disclosure Agreement (NDA).
		However, RECIPIENT shall not divulge details or specifics as to any Confidential Information with respect to specific source code, files, derivative works, modifications or design methods and concepts it has seen, nor shall it divulge any third party information it has seen, either in source code, products, contracts or in other third party Confidential Information.
		Since we have previously defined "confidential information" as "anything SCO shows the signer on the date in question," this paragraph says the RECIPIENT would be unable to use any of this information again without SCO's permission, even if it is information/knowledge the RECIPIENT had before signing the NDA.
	twiki.iwethey.org /twiki/bin/view/Main/SCOvsIBMNonDisclosureAgreement (1105 words)

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