Apple Can Force Blog Sites to Reveal Sources

In a case that could ultimately decide whether bloggers can be classified as journalists, a California judge has ruled that three online blog sites must surrender the names of confidential sources who allegedly leaked information about an upcoming product put out by Apple Computer Inc.

A blog is a Web site that provides a list of diary-like articles and opinions on anything from political commentary to technical guides. The word "blog" is a shortened word for "Web log."

Judge James Kleinberg of the Santa Clara County Superior Court said Apple can serve subpoenas to the publishers of ThinkSecret.com, AppleInsider and PowerPage, ruling that they are not entitled to First Amendment protection because they had allegedly published trade secrets.

"The rumor and opinion mills may continue to run at full speed," Judge Kleinberg wrote. "What underlies this decision is the publishing of information that at this early stage of the litigation fits squarely within the definition of trade secret."

The Electronic Frontier Foundation, which is acting on behalf of two of the blog sites, said it was disappointed in the ruling.

"We don't believe Apple has exhausted all methods of getting this information," EFF staff attorney Kevin Bankston said in a press release. "Apple hasn't subpoenaed any of its employees the way it subpoenaed our clients' Internet service providers. Nor has it deposed any of its employees in the case."

Apple filed suit in December 2004 against the three blog sites to find out who leaked information about an unreleased product code-named "Asteroid." The lawsuit came just weeks before the MacWorld conference in San Francisco, where Apple planned to showcase its new products.