DOJ Report on Review of News Media Policies

The Department of Justice has issued a new report on revised media guidelines.

In May of this year, "at the President's direction, the Attorney General initiated a comprehensive evaluation of the Department of Justice's policies and practices governing the use of law enforcement tools, including subpoenas, court orders, and search warrants, to obtain information or records from or concerning members of the news media in criminal and civil investigations. As part of this process, the Attorney General convened a series of meetings to solicit input from a wide range of news media stakeholders, First Amendment academics and advocates, and Members of Congress. Based on this review, the Attorney General is making significant revisions to the Department's policies regarding investigations that involve members of the news media."

Some of the changes outlined in the report include:

• Reversal of the existing presumption regarding advance notice
• Enhanced approvals and heightened standards for the use of search warrants and Section 2703(d) Orders
• Establishment of a News Media Review Committee
• Centralization of review and public reporting requirements
• Intelligence community certification

Additionally, Attorney General Eric Holder issued a statement maintaining that "[t]he Department of Justice is firmly committed to ensuring our nation's security, and protecting the American people, while at the same time safeguarding the freedom of the press. These revised guidelines will help ensure the proper balance is struck when pursuing investigations into unauthorized disclosures."

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