People engaged in journalism frequently acquire information others wish would never see the light of day. This often means gathering tips in violation of workplace rules or through other people’s carelessness. That can result in legal battles and, in the age of technology and cybercrime, in governments coming after the curious with tools crafted for malicious hackers. All this appears to be the case with Tim Burke, who has been targeted with a controversial law by the feds after gathering information through electronic means.
“Federal prosecutors in Florida have obtained a disturbing indictment against well-known journalist Tim Burke,” the Freedom of the Press Foundation (FPF) warned last week. “The indictment could have significant implications for press freedom, not only by putting digital journalists at risk of prosecution but by allowing the government to permanently seize a journalist’s computers.”
Specifically, in the February 15 indictment, federal prosecutors say that Burke “intentionally intercepted, endeavored to intercept, and procured another person to intercept and to endeavor to intercept, the contents of a wire, oral, and electronic communication as it was occurring, by means of a device, namely a computer.”
Burke’s home was raided last year after he distributed intercepted video, including outtakes of the rapper Ye (formerly Kanye West) making antisemitic comments during an interview with Tucker Carlson while the host was still with Fox News. Burke has built a reputation with his very online presence and distinctive style. He has also rubbed some people the wrong way with his reporting and, perhaps, the means by which he acquires material. But the prosecutors going after Burke are also accused of resorting to questionable tactics, including invoking the Computer Fraud and Abuse Act, an anti-hacking law.
Hellbound and Down 