"A judge ordered authorities to return a newspaper's computer, but only after its hard drive was copied for possible search to determine whether a reporter broke the law by recording sources without their permission," The Associated Press reports, updating the embarrassing saga of the New Castle (Pa.) News.
Local police seized the computer after a reporter who is married to the police chief told her husband that another reporter had recorded interviews with him and a county supervisor. Recording of phone conversations in Pennsylvania requires consent of both parties, and violation of the law is punishable by up to seven years in prison. The newspaper says it is protected by case law, and won a court order preventing police from getting data from the computer. It struck an agreement with the local district attorney agreed that the computer's hard drive could be copied for possible search if courts rule that the case can go forward.
The News reported that the case "has been resolved" by the agreement, and its story does not mention the copying of the hard drive. It says the agreement "required The News to remove from the computer and other recording devices any audio recordings obtained without the consent of the party whose communication was being recorded. The computer and audio recording devices then were to be returned to The News."
Also, reporter John Manna writes, the News must require its reporters "to obtain the consent of a party prior to recording any conversation involving the party." However, the agreed order says that does not apply "to any recordings of public proceedings where consent is implied or other recording permitted by law." In exchange, the district attorney agreed not to prosecute the reporter for wiretapping. (Read more)
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