In May of 2023, agents from the FBI showed up at Tim Burke’s home in Tampa and seized several computers, hard drives, his cellphone, and other equipment that he uses as a freelance journalist. As I wrote for CJR, the reasons for the seizure were unknown at the time, because the affidavit the FBI used to justify the search was sealed. (It was later partially unsealed so Burke could see it for the purposes of his defense but has not been made public.) In an interview with me in 2023, Mark Rasch—Burke’s lawyer, and a former prosecutor with the Department of Justice—said the government seemed to believe that Burke somehow gained unauthorized access to a server and downloaded content he didn’t have explicit permission to access or copy. The problem, Rasch said, is that this description would also cover a wide range of normal journalistic activity.
Last week, Burke was indicted by a grand jury in Florida on fourteen charges, including conspiracy, accessing a protected computer without authorization, and intercepting or disclosing wire, oral, or electronic communications. The indictment accuses Burke and an unnamed person, referred to in the indictment as CONSPIRATOR 2, of using “compromised credentials” to gain unauthorized access to protected computers and then “scouring” those machines before ultimately “stealing electronic items and information deemed desirable,” in addition to intercepting and disclosing the contents of electronic video communications.
What reportedly triggered the initial investigation into Burke was the leak of behind-the-scenes footage of an interview conducted by Tucker Carlson, then a Fox News host, in which Kanye West, the musician now known as Ye, made some anti-Semitic remarks. That footage was among the video streams that Burke downloaded from a server normally used by broadcasters to distribute streams of their shows to affiliates and other outlets. As Rasch explained to me in 2023, many broadcasters livestream continuously, and these streams are in high definition and encrypted. However, many also use third-party services to distribute low-definition, unencrypted feeds.
Note: This was originally published as the daily email newsletter for the Columbia Journalism Review, where I am the chief digital writer
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