{"title":"事件的结束:记者和消息来源之间的关系能否在大规模监视和攻击性泄密起诉中幸存下来?","authors":"Anthony L. Fargo","doi":"10.1080/10811680.2021.1893100","DOIUrl":null,"url":null,"abstract":"One mission of the institutional media, recognized by journalists and judges alike, is to uncover the government’s secrets. This mission often involves obtaining information from sources who would face perils if identified. Journalists have historically risked legal penalties to protect sources’ identities, but now surveillance technology allows investigators to unmask leakers through their communication records. Meanwhile, the last two presidential administrations expanded efforts to prosecute leakers of classified information. This article examines the increasingly risky atmosphere for journalists and sources and whether the reporter-source relationship can survive the risks. After examining recent leak prosecutions and the troubling legal and ethical issues they raise, the article concludes that legal solutions are unlikely. However, journalists can combat chilling effects on sources by making source protection a higher ethical priority and by proactively guiding sources to ways they can avoid detection.","PeriodicalId":42622,"journal":{"name":"Communication Law and Policy","volume":"26 1","pages":"187 - 221"},"PeriodicalIF":0.2000,"publicationDate":"2021-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10811680.2021.1893100","citationCount":"0","resultStr":"{\"title\":\"The End of the Affair: Can the Relationship Between Journalists and Sources Survive Mass Surveillance and Aggressive Leak Prosecutions?\",\"authors\":\"Anthony L. Fargo\",\"doi\":\"10.1080/10811680.2021.1893100\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"One mission of the institutional media, recognized by journalists and judges alike, is to uncover the government’s secrets. This mission often involves obtaining information from sources who would face perils if identified. Journalists have historically risked legal penalties to protect sources’ identities, but now surveillance technology allows investigators to unmask leakers through their communication records. Meanwhile, the last two presidential administrations expanded efforts to prosecute leakers of classified information. This article examines the increasingly risky atmosphere for journalists and sources and whether the reporter-source relationship can survive the risks. After examining recent leak prosecutions and the troubling legal and ethical issues they raise, the article concludes that legal solutions are unlikely. However, journalists can combat chilling effects on sources by making source protection a higher ethical priority and by proactively guiding sources to ways they can avoid detection.\",\"PeriodicalId\":42622,\"journal\":{\"name\":\"Communication Law and Policy\",\"volume\":\"26 1\",\"pages\":\"187 - 221\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2021-02-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/10811680.2021.1893100\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Communication Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/10811680.2021.1893100\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Communication Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/10811680.2021.1893100","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
The End of the Affair: Can the Relationship Between Journalists and Sources Survive Mass Surveillance and Aggressive Leak Prosecutions?
One mission of the institutional media, recognized by journalists and judges alike, is to uncover the government’s secrets. This mission often involves obtaining information from sources who would face perils if identified. Journalists have historically risked legal penalties to protect sources’ identities, but now surveillance technology allows investigators to unmask leakers through their communication records. Meanwhile, the last two presidential administrations expanded efforts to prosecute leakers of classified information. This article examines the increasingly risky atmosphere for journalists and sources and whether the reporter-source relationship can survive the risks. After examining recent leak prosecutions and the troubling legal and ethical issues they raise, the article concludes that legal solutions are unlikely. However, journalists can combat chilling effects on sources by making source protection a higher ethical priority and by proactively guiding sources to ways they can avoid detection.
期刊介绍:
The societal, cultural, economic and political dimensions of communication, including the freedoms of speech and press, are undergoing dramatic global changes. The convergence of the mass media, telecommunications, and computers has raised important questions reflected in analyses of modern communication law, policy, and regulation. Serving as a forum for discussions of these continuing and emerging questions, Communication Law and Policy considers traditional and contemporary problems of freedom of expression and dissemination, including theoretical, conceptual and methodological issues inherent in the special conditions presented by new media and information technologies.