Identity Crisis: Privacy paranoia thwarts the news media’s access to government records. But does sealing off public records ignore the real culprits behind identity theft?     Publisher Lucy A. Dalglish Editor Gregg P. Leslie Managing Editor Rani Gupta Senior Editor Loren A. Cochran Contributors Jaci Boydston, Nicholas Coates, Sean Hill, Elizabeth Soja, Nathan Winegar Administration Lois Lloyd, Victor Gaberman, Maria Gowen RCFP Steering Committee Dan Abrams, MSNBC Scott Applewhite, The Associated Press Chip Bok, Akron Beacon Journal Earl Caldwell, Pacifica Radio Rebecca Carr, Cox Newspapers Walter Cronkite, CBS News Richard S. Dunham, Business Week Ashlea Ebeling, Forbes Magazine Steve Geimann, Bloomberg News Fred Graham, Court TV Stephen Henderson, Detroit Free Press John C. Henry, The Associated Press Nat Hentoff, The Village Voice Edward H. Kohn, St. Louis Post-Dispatch Stephen Labaton, The New York Times Neil Lewis, The New York Times Tony Mauro, American Laywer Media Doyle McManus, Los Angeles Times Wilson F. Minor, Factual Reporting Service Sandra Peddie, Newsday Dana Priest, The Washington Post Dan Rather, HDNet Cristine Russell, Freelance Tim Russert, NBC News Bob Schieffer, CBS News Gerald F. Seib, The Wall Street Journal Saundra Torry, USA Today Vickie Walton-James, Tribune Publishing Judy Woodruff, PBS/The News Hour Affiliations appear for purposes of identification. The Reporters Committee would like to thank The Associated Press for permission to use photos from its files. © 2007 by the Reporters Committee for Freedom of the Press. Published four times a year. Price: $7.50 per issue. Address correspondence to: The News Media and The Law 1101 Wilson Blvd., Suite 1100 Arlington, VA 22209 Telephone: (703) 807-2100 Internet: www.rcfp.org E-mail: rcfp@rcfp.org ISSN: 0149-0737

The News Media & The Law   Summer 2007    •    Vol. 31, No. 3     In this issue:  Editorial   PREFERRED POSITION Cheney and secrecy  Cover Story   FEATURE The privacy crackdown As fears of identity theft grow, personal information becomes increasingly off-limits to the journalists who need it.   SIDEBAR Restricting access around the country   FEATURE Misguided fears? The current debate over personal information in public records ignores the real causes of identity theft, experts say.   SIDEBAR How prevalent is identity theft?   GUEST COMMENTARY A tale of two countries A change in attitude among public officials can erode access.  Confidentiality/Privilege   FEATURE A new corporate threat Why bother subpoenaing reporters? Deep pockets and legal responsibilities make media companies vulnerable to court battles.   FEATURE Reigniting the debate A familiar bill is the subject of new talks in Congress, as the House Judiciary Committee passes a shield bill for the first time.   SIDEBAR Q & A on the Free Flow of Information Act   SIDEBAR What the shield bill says  Prior Restraints   FEATURE Blacking out the blotter A policy being considered by the American Bar Association would curtail journalists’ access to arrest and criminal records.   SIDEBAR A controversial proposal   SIDEBAR Out of sight, out of mind?   FEATURE Open to those in the know The media has a right to attend military court proceedings, but finding out when the hearings are is difficult without a docket.   SIDEBAR Glossary of military justice  Freedom of Information   FEATURE Shrouding a shooter’s past Federal privacy laws that govern the release of information about the Virginia Tech killer have proven problematic for reporters.   FEATURE Messages or meetings? Open meeting laws may apply to officials who communicate through instant messages.   COMMENTARY Against the odds One for the record books? A large court award in a public records or open meeting case is a rare event worth noting.  Libel   FEATURE The other side of the bench Two recent cases show that concerns about judicial influence can mar the court proceedings when judges sue the media for libel.   SIDEBAR Thomas' turbulent trial   SIDEBAR Murphy's law   FEATURE Lurking in the shadows For journalists used to looking out for libel, false light claims can be an unexpected — and costly — surprise.   FEATURE When libel goes online  Newsgathering   FEATURE Photos unavailable Some of the recent clashes between police and journalists involve photographers arrested while covering the news.  From the Hotline   FEATURE From the Hotline The Reporters Committee operates a toll-free hotline for journalists with questions about free press and freedom of information issues. In this column, our attorneys discuss the latest hot-topic questions.   BACKPAGE Open & Shut A recent collection of funny, fascinating, nonsensical or just notable newsworthy quotations      BACKPAGE Sources & Citations