Notre Dame Law Review Volume 89 | Issue 3 Article 10 2-2014 Protecting More than the Front Page: Codifying a Reporter’s Privilege for Digital and Citizen Journalists Kathryn A. Rosenbaum Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Criminal Law Commons, Criminal Procedure Commons, and the First Amendment Commons Recommended Citation 89 Notre Dame L. Rev. 1427 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. \\jciprod01\productn\N\NDL\89-3\NDL310.txt unknown Seq: 1 11-FEB-14 9:04 PROTECTING MORE THAN THE FRONT PAGE: CODIFYING A REPORTER’S PRIVILEGE FOR DIGITAL AND CITIZEN JOURNALISTS Kathryn A. Rosenbaum* “‘The reporters who work for the Times in Washington have told me many of their sources are petrified even to return calls,’ Jill Abramson, the executive editor of The New York Times, said . on CBS’s Face The Nation broadcast. ‘It has a real practical effect that is important.’”1 INTRODUCTION The stifling of investigative journalism stems in part from a torrent of stories in 2013 regarding the government’s intrusive tracking of journalists’ and individuals’ cell phone records and e-mails without their knowledge.2 The federal government also tracked two months of call records of more than twenty Associated Press phone lines.3 In a leak probe regarding a news story about North Korea, the government surreptitiously obtained informa- tion about Fox News Chief Washington Correspondent James Rosen.4 Offi- cials monitored his “security badge access records to track the reporter’s comings and goings at the State Department[,] .