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But in an indictment that lists 14 charges against Burke, including conspiracy and wiretapping, prosecutors allege that Burke accessed streaming feed sites and unaired broadcasts of former Fox News star Tucker Carlson and other celebrities. He claims he went too far by obtaining the video clip.
Vice and Media Matters later released some of the footage Burke obtained. It includes excerpts from an interview with Ye, the rapper formerly known as Kanye West, in which he makes anti-Semitic remarks and describes a “fake” person living in Burke’s home. It included scenes that damaged Carlson’s spirit, such as rambling about “children.” -air tries to portray the MAGA-friendly star as thoughtful and level-headed.
The footage came from LiveU, a streaming service used by media companies to share videos across their organizations, according to the indictment and the company’s statement. After the FBI searched Burke’s Tampa home and seized the equipment in May, Burke explained in court papers how he accessed the footage in order to get the equipment back.
Burke’s lawyers said in their filing that Burke was told where to get the details from a “confidential source,” entered the URLs of individual feeds, and then used publicly available login credentials. He said he simply accessed LiveU’s feed.
“He simply found something newsworthy on a publicly accessible site,” the filing said.
In an interview with The Washington Post in August, Burke compared the video stream to a digital version of the feed once broadcast from satellite news trucks and said he wasn’t breaking any laws by accessing the footage. insisted. Burke said his LiveU login that he used was available for free online.
“Those were publicly available demonstration credentials,” Burke told the Post.
Prosecutors allege in the indictment that Burke violated the law by using “compromised credentials” to access computers without authorization with the help of anonymous co-conspirators.
In August, LiveU told the Post in a statement that it was cooperating with the investigation. The company described Burke’s acquisition of the video as an “unauthorized access incident” and said it had committed “significant resources” to prevent it from happening again. The company did not respond to a request for comment on Burke’s indictment.
Fox News did not respond to a request for comment.
Burke’s lawyers said in a statement that his work was “bold and completely legal,” likening his use of login credentials to sharing his Netflix password.
“The facts of this case will prove that in fact there was no hacking at all,” the statement said.
Some media law observers say Mr. Burke may be a victim of computer law overreach. In October, the American Civil Liberties Union, the Freedom of the Press Foundation and more than 50 other groups called on the Justice Department to release more information about what led to the attack on Burke’s home.
Seth Stern, advocacy director at the Freedom of the Press Foundation, said the indictment “problems” that journalists like Burke must seek approval from public figures before publishing harmful information. He said it appears that a requirement has arisen.
“Acting journalists for being too good at their jobs and too computer-savvy just seems like the problem,” Stern said.
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