It would summarily scrap a system that has successfully balanced the competing interests of law enforcement and the free flow of information only to replace it with one that, at best, will yield uncertain results at a time when the nation can ill afford it. And it does so without any hard evidence that the public's interest in the free flow of information is in any way being harmed or impaired by the efforts of law enforcement to investigate and prosecute crime.

The Department recognizes that there are legitimate competing interests at stake when the newsgathering process and the criminal justice system intersect. But history has demonstrated that the protections already in place, including the Department's own rigorous internal review of media subpoena requests, are sufficient and strike the appropriate balance between the free dissemination of information and effective law enforcement.