Explaining the federal lawsuit against Tampa media personality Tim Burke

Federal prosecutors on Thursday handed down a 25-page, 14-count indictment against Tampa media mogul Tim Burke, the latest development in a case involving the highest echelons of American media and entertainment. becomes.

The indictment refers to a “multinational media company headquartered in New York City.” It’s like Fox News. The station is referring to leaked footage of the show’s hosts “discussing concerns about the potential impact of Hurricane Ian’s approach to the host’s home,” which was captured by homeowner Tucker Carlson. He is almost certainly mentioned. In Boca Grande. (Hurricane Ian made landfall within 10 miles of her from that island in southwest Florida.)

The indictment makes numerous other vague but intriguing references to other people and companies. It also clarifies the government’s allegations against Mr. Burke. Here’s what we know and don’t know so far.

Tim Burke is said to have had at least one other co-conspirator.

The indictment alleges that Burke worked with another person to illegally access certain computers. However, the indictment does not name that person. They are called “Conspirator 2.” This person lived in “Washington.” It is unclear whether the federal government refers to the states or the District of Columbia.

The indictment releases small pieces of information that could be used to glean the identities of co-conspirators. Burke’s account on the site, which then called him Twitter but now calls him It is called.

The indictment refers to Co-conspirator 2 by the X username “@E—es.”

According to the Fed, the two exchanged messages via Twitter direct messages.

Federal authorities say Burke and his co-conspirators gained unauthorized access to computers.

The indictment describes an alleged conspiracy in which Burke and his co-conspirators searched the Internet for login information and used that information to gain unauthorized access to certain computers.

Some of the computers accessed belonged to “Network #1,” the indictment alleges.it is Almost certainly FOX News. According to the indictment, the network used a product called StreamCo to transmit video recordings over the Internet. Among the features offered by StreamCo was the ability to preview footage online. The footage was accessible via a specific URL.

Federal prosecutors allege that Mr. Burke and his co-conspirators improperly intercepted communications from Streamco customers and downloaded their contents to their own devices. The indictment alleges that Burke at times took steps to conceal the source of his communications, including by changing the metadata of his files.

Burke and his co-conspirators shared login information, the indictment alleges. Other times, it seemed like they were discussing a technical issue they were having.

Prosecutors allege Burke downloaded the file to his computer on October 6, 2022, the same night Carlson aired his interview with rapper Ye (formerly Kanye West). ing. The indictment describes the file as “Audio/Video NW-1 stream containing discussion of interviews between program hosts and guests.”

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A few days later, Vice News published unflattering excerpts from that interview.

It wasn’t just Fox News.

The indictment alleges that Burke had unauthorized access to the communications of the National Sports League, which the indictment identifies as a “professional sports league established in New York City, New York.” ing. The league is made up of teams within the United States. And so is Canada, prosecutors said. The indictment also mentions “NSL Brasil.”

The indictment describes the league as “one of the major sports leagues in North America,” but suggests it may be the National Basketball Association, which was founded in New York and has an organization called “NBA Brazil.” It means. Major League Soccer is also based in New York.

Burke allegedly accessed the sports league’s File Transfer Protocol server without permission. In a February 2022 Twitter direct message mentioned in the indictment, Burke’s co-conspirators shared what appeared to be login information for that server.

The next day and three more times in September of that year, Burke logged into the server, according to the indictment. Prosecutors said Burke obtained information about the Seattle sports league franchise, among other files. (The NBA doesn’t have a Seattle team, but the professional hockey and soccer leagues do.)

Mr. Burke and his lawyers claim this is journalism.

Burke is charged with one total count of conspiracy. He was charged with six counts of intentionally accessing a protected computer without authorization.and seven counts Intentionally intercepting any wire, oral, or electronic communication and intentionally disclosing any unlawfully intercepted wire, oral, or electronic communication.

The case is shaping up to test the strength of First Amendment protections. Mr Burke’s lawyer said his client had not broken any laws and had not engaged in any hacking activity.

“What prosecutors called the ‘leaked’ credentials were nothing more than user IDs and passwords that were openly shared on public websites and made publicly available by the owners of those credentials,” Burke said. says Mr. the lawyers said in a statement Thursday.

Meanwhile, throughout its investigation, the federal government has questioned whether Burke is even a journalist at all.

Details about the nature of Mr. Burke’s actions, including those involved and those affected, are expected to emerge in the coming months. Burke’s legal fate could be determined by whether a jury considers his actions to be a report or theft.