Our View: Even in digital age, keep reporter sources confidential

Bravo to the Montana House for its approval of legislation that would further protect reporter sources.

The House voted overwhelmingly — and the Judiciary Committee voted unanimously — to ban authorities from subpoenaing reporter notes kept electronically.

The entire Hi-Line delegation backed the proposal. It now goes to the Senate where it will hopefully will receive an equally warm reception.

Montana’s Shield Law is one of the strongest in the nation.

Notes taken by reporters for news stories cannot be seized by authorities for any reason. Reporters can not be forced to testify about who they talked to in preparation for a news story. This compares favorably to the federal government, which has very weak rules. Some reporters have been ordered by the U.S. Department of Justice to reveal their sources on sensitive stories. This makes people who are aware of government wrongdoing very skittish about revealing the information to reporters.

While Montana has barred such governmental activities, the laws were written long before the digital age. There has been no prohibition against seeking such information from Internet service providers or anyone else with the ability to secure notes or email information.

"When it's on a Gmail server it's not your information anymore," said Rep. Daniel Zolnikov, R-Billings, sponsor of the bill.

The expanded Shield Law is one of many bills supporting personal privacy Zolnikov plans to introduce.

Reporters tend to pat themselves on the back a lot, but the fact is a lot of wrongdoing would not be known by the public if it were not for inquiring reporters.

No one more than reporters would like to be able to quote everyone we obtain information from, but lots of stories — including many from Helena — would never get written if it were not for sources who don’t want to be identified.

Keeping the names of tipsters and informed sources confidential is vital to maintaining a free flow of information.

Thus far, there has been no attempt in Montana to seize reporters electronic notes, but technology is expanding daily.

Zolnikov’s legislation will help ensure that reporters will be able to keep confidential sources as the last, but sometimes the best, way to dig up news for the public.