Well, this is great. Ryan Gallagher at Slate, a Washington Post affiliate, reported yesterday that:
when the feds came knocking for AP journalists’ call records last year, Verizon apparently turned the data over with no questions asked. The New York Times, citing an AP employee, reported Tuesday that at least two of the reporters’ personal cellphone records “were provided to the government by Verizon Wireless without any attempt to obtain permission to tell them so the reporters could ask a court to quash the subpoena.”
Controversially, the AP was not given advance notice of the seizure, which is considered the usual protocol when the government is seeking to obtain journalists’ records. However, Verizon Wireless could have notified the reporters, which may have helped them challenge its legality. Companies like Dropbox and Twitter have made it their policy to inform users (whenever possible) that the government is seeking access to their data, and Twitter has been applauded for how it has been willing to challenge authorities’ surveillance attempts in court. But Verizon—like AT&T, Facebook, and Comcast—has been criticized in the past for its lack of willingness to stand up for users’ privacy rights, which suggests its decision to hand over AP reporters’ records is true to form. The company has been rated as one of the worst in the United States for three consecutive years in the Electronic Frontier Foundation’s annual “Who Has Your Back?” reports.
Should we initiate the Drudge protocol?