A coalition of news publishers and two Internet industry trade associations filed friend-of-the-court briefs today in Apple v. Does, urging the California Court of Appeal to protect the confidential sources of journalists and defend email privacy. On behalf of three online journalists, EFF is appealing the California Superior Court's earlier decision in the case, which allows Apple to subpoena a journalist's email in order to discover the source of information he published about a forthcoming Apple product code-named "Asteroid."
The news publishers argued that the trial court incorrectly allowed trade secret law to trump First Amendment rights, and that Apple has failed to exhaust all other alternative sources for the information it seeks before going after journalists' sources, as required by the reporter's privilege under the First Amendment. The brief
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