Question 3
UnclassifiedAbsent an applicable exception, what does the Privacy Protection Act generally require law enforcement to use instead of searching a newsroom for work product or documentary materials?
Correct answer: C
Explanation
The Privacy Protection Act generally bars law enforcement from searching a newsroom for "work product materials" or "documentary materials" and requires use of a subpoena instead. A subpoena is the ordinary legal process for obtaining those materials absent an applicable exception.
Why each option is right or wrong
A. A National Security Letter
B. A marketing opt-out form
C. A subpoena
Under the Privacy Protection Act of 1980, 42 U.S.C. § 2000aa(a)–(b), law enforcement generally may not search a newsroom or other protected person’s premises for “work product materials” or “documentary materials” when the purpose is to obtain information to disseminate to the public. Instead, the statute requires use of a subpoena or other compulsory process, unless one of the Act’s narrow exceptions applies, such as imminent destruction or a suspect’s possession of the materials.
D. A National Do Not Call registry request