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Letter Of The Law WHO CAN FORGET THE SCENE IN “NETWORK” where Howard Beale, the aging UBS news anchor, tells his viewers: “I want you to get up right now. Get up. Go to your windows, open your windows, and stick your head out, and yell, ‘I’m as mad as hell and I'm not going to take this anymore!” We need to follow Howard’s lead. We need to say that we are as mad as hell because one of our premier law enforcement agencies, the FBI, is mounting a direct assault on our First Amendment freedoms. This assault comes from FBI Special Agent Christine Howard. She recently sent letters to several news organizations demanding that journalists keep all information they have on Adrian Lamo, a com- puter hacker who said that he had gained access to The New York Times Intranet in 2002. Lamo,-a 22- year-old drifter who is also known as the “Homeless Hacker,” claims that he accessed a list of The New York Times Op-Ed contributors. The list included the social security numbers and home phone numbers of many prominent individuals, including former pres- ident Jimmy Carter, former secretary of state James Baker, Warren Beatty, Robert Redford, and James Carville. Lamo has been charged in federal court with computer fraud and unlawful access. The FBI letters sent to journalists covering Lamo’s story warn that all records regarding conversations with Lamo may soon be subpoenaed. The letters, ee according to The Reporters Committée , Freedom (Agent HoWard’s letters do not follow Justice “Departiient, guidelines on issuing subpoenas to jour- nalists. These guidelines include the requirement that federal prosecutors must pursue ali other sources of information before issuing a subpoena to a reporter. In addition, federal prosecutors must also negotiate with a reporter before issuing a subpoena unless the negotiations would compromise an inves- tigation. We believe that the FBI has grosély over- reached its authority by threatening journalists with subpoenas while demanding their silence. ‘The EBI’s actions strike at the heart of the First Amendment. Threats of subpoenas and demands for silence violate the traditions and protections afforded to the gathering and publishing of newsworthy infor- mation. The FBI must retract its subpoena threats and must withdraw the demands for silence. Anything less will keep Howard Beale at our win- dow, expressing our anger to all in our audience. & NEWSPHOTOGRAPHER October 2003 Official publication of the NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, INC. Published continuously since 1946, previously as National Press Photographer EDITOR Donald R. Winslow + magazine@nppa.org 6677 Whitemarsh Valley Walk, Austin, TX 78746 +1,512,328.4788 EMERITUS EDITORS Joe Costa 1904-1988, Editor 1946-1966 Jim Gordon. Editor 1978-2003 ADVERTISING REPRESENTATIVES EAST COAST Jules Wartell The Russell Group, Ltd. 152 Madison Avenue, Suite 906 New York, NY 10016 +$1.212.213.1155 + FAX +1.212.213.1160 info@russellgroupltd.com MIDWEST / WEST COAST Richard Wartell Judi Block Associates PO Box 1830, Willits, CA 95490 +1.707.456.9200 * E-PAX +1.815,371,0757 rwartell@writeme.com SEND ADDRESS CHANGES TO; NPPA, 3200 Croasdaile Drive, Suite 306 Durham, NC 27705 +1,919.383.7246 + FAX -+1.919.383,7261 MEMBERS@NPPA.ORG * WWW.NPPA.ORG One-year subscription. U:S., $38; Canada, $45.50; elsewhere, $60. ISSN 0199-2422, Published monthly by the National Press Photographers Association, Inc. Published as National Press Photographer 1946-1974. 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Rights requested are one-time, non-exclusive print rights for one issue of the magazine and archival electronic rights for the Internet and searchable data Dases in the context of the original article for which they were submitted, NPPA MONTHLY NEWS CLIP CONTEST, It is understood that any copyright of. an entry remains the property of the photographer or employer oF the pho- tographer. However, all participants agree that by entering the contest, they give permission to NPPA for its regional and national publications to repro- duce winning entries, either through hard copy or electronically, including and not limited to regional publications, News Photographer magazine, com- mercial online services and NPPA presences on the Internet. Pull rules may be found at www.nppa.org. FBI(19-cv-1495)-1928