Federal prosecutors indicted freelance journalist Tim Burke on Thursday for allegedly illegally accessing computer servers of several media companies.
According to Burke’s indictment, in February 2023, Burke entered into a conspiracy with an unnamed co-conspirator to access private servers owned by the National Sports League (NSL), as well as the company StreamCo Inc., which provides commercial video streaming services to television networks, and two unnamed television and radio networks. Burke and the other co-conspirator are alleged to have used unauthorized login credentials to access video and audio communications hosted on StreamCo, including pre-recorded news segments and off-camera production team conversations.
Burke was charged with conspiracy to defraud the United States, fraud related to computers, intercepting electronic communications and disclosing intercepted electronic communications under 18 USC §§ 371, 1030(a)(2)(C), 2511(1)(a), and 2511(1)(c) respectively. At least two nonprofits have filed amicus briefs suggesting the case raises First Amendment issues, particularly because the United States has alleged that Burke is not a “professional journalist” under Florida’s reporter’s privilege law.
The Tampa Bay Times first reported Burke’s indictment Thursday, noting that Burke appeared in a Tampa federal court Thursday afternoon. The Tampa Bay Times suggested that Burke’s indictment is related to a computer hack that occurred at Fox News in May. Fox is not mentioned by name in the indictment.