[This is] the most important question relating to the reporter's privilege: Who's entitled to claim it? When the privilege started, it was meant to cover the establishment press: the New York Times, the Washington Post, the major television networks. But as our media have become more diverse and more diffuse, the question of who is a member of the press, and so who gets to claim the privilege, has really come to the fore. Is the blogger entitled to claim it? And if the blogger is, then why not you, and me, and everybody else in the world? And once that happens, there's a real problem for prosecutors seeking to obtain information. So the question of whether you can draw lines in this area, and if so how, is the real question of privilege.
