O'Grady v. Superior Court Part II
In action alleging that persons unknown caused wrongful publication of plaintiff's secret plans on the Internet, trial court's denial of protective orders sought by publishers of news Web sites where information appeared and e-mail provider for site after they had been subpoenaed was error because (1) the subpoena to the e-mail service provider cannot be enforced consistent with the plain terms of the federal Stored Communications Act; (2) any subpoenas seeking unpublished information from publishers would be unenforceable through contempt proceedings in light of the California reporter's shield; and (3) discovery of publishers' sources is also barred by the conditional constitutional privilege against compulsory disclosure of confidential sources.
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