See also here and here and here and here and here.
Over time I've come to the view that perhaps this is less about the NYTimes and perhaps more about a FBI agent without a sense of perspective (or trying to make her bones) pushing hard (even beyond where she was allowed to go):
[A]n article in SecurityFocus attracted the attention of FBI Agent Christine Howard, who began an investigation of the young hacker.I notice the amount of "theft" claimed has dropped precipitously. And I still want to see proof that the NYTimes paid anything more than an agreed upon total subscription rate.
. . .
U.S. prosecutors tried to subpoena an MSNBC reporter's notes without the required approval in June 2002.
. . .
Later that month, the FBI demanded that more than a dozen reporters, including one from Wired News, be ready to hand over all documents related to Lamo. The request was withdrawn weeks later by an apologetic FBI Deputy General Counsel Patrick Kelley.
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