Dear Friend of Press Freedom,

Attacks on well-known journalists like Don Lemon are in the headlines, but noncitizens exercising First Amendment rights remain the most vulnerable. Rümeysa Öztürk has been facing deportation for 318 days for co-writing an op-ed the government didn’t like, and journalist Ya’akub Vijandre remains locked up by Immigration and Customs Enforcement over social media posts about issues he reported on. Read on for more on the state of press freedom.

What we know because of leaks

The Department of Homeland Security secretary calls leakers a threat to national security and wants to prosecute them. Federal agents raided Washington Post journalist Hannah Natanson’s home and seized terabytes of data, purportedly to aid their prosecution of leaks.

But much of what the public knows about government agencies like DHS, which includes ICE and Customs and Border Protection, is thanks to whistleblowers and leakers who have exposed the government’s increasingly unlawful conduct as it aggressively enforces immigration law across the country.

Freedom of the Press Foundation (FPF) Senior Adviser Caitlin Vogus wrote about a few recent examples.

• Read more here

Lemon case is an opportunity to mobilize

The public’s outrage about attacks on the First Amendment like Don Lemon’s arrest and, before that, the censorship of Jimmy Kimmel isn’t because everyone protesting is a member of their fan clubs. It’s because people genuinely care about free speech, but with everything else going on, sometimes it takes a celebrity name to get their attention.

That’s why it’s important to keep the outrageous arrests of Lemon and independent journalist Georgia Fort in the news and not let the moment pass. We’re doing our part. Our executive director, Trevor Timm, spoke at the National Association of Black Journalists’ town hall about the arrests. Our chief of advocacy, Seth Stern, wrote for The Guardian and told everyone from CNN to MeidasTouch to legal podcasts and radio shows about how the charges are both legally frivolous and an obviously retaliatory political stunt to intimidate journalists.

• Watch a clip from CNN

A journalist’s fight to fix local transparency law

Last summer, Shirley L. Smith, an independent investigative journalist from the U.S. Virgin Islands, reached out about her efforts to get lawmakers there to modernize the territory’s public records laws.

Our response was something like, “Where have you been all our lives?” We’ve spent years imploring journalists to advocate for their own legal rights. No matter what one thinks about the place of “objectivity” in contemporary journalism, there’s no need for reporters to let it get in the way of advocating for their own ability to do their jobs.

We spoke to Smith about her campaign for transparency.

• Read more here

Transcript exposes lies to justify ICE secrecy

Days before the federal government falsely claimed cellphone-brandishing nurse Alex Pretti was a terrorist plotting a “massacre,” a jury in Chicago acquitted Juan Espinoza Martinez on bogus charges of a murder-for-hire plot against then-Border Patrol commander Greg Bovino.

Stern wrote for The Intercept about a recently unsealed court transcript that shows the government used that case as a pretext to convince a judge to obscure an ICE agent’s face during a public court proceeding when his name, face, employment, and location were publicly listed on his LinkedIn page.

• Read the article

Tulsi Gabbard’s whistleblower hypocrisy

Last May, a classified whistleblower complaint alleged misconduct by Director of National Intelligence Tulsi Gabbard and another unnamed federal agency.

The whistleblower should be allowed to share their complaint with Congress. But that’s not what happened. Our Daniel Ellsberg chair on government secrecy, Lauren Harper, has more on how Gabbard, a one-time advocate for whistleblowers, is dodging transparency.

• Read more here

What we're reading

U.S. failed to alert judge to press law in application to search reporter’s home

The New York Times
If the Privacy Protection Act of 1980 is going to stop these abuses, Congress must amend it to require that evidence gathered by breaking it is immediately thrown out.

FBI couldn’t get into WaPo reporter’s iPhone because it had lockdown mode enabled

404 Media
If you’re an iPhone user who is at elevated risk, enable Lockdown Mode. If you are an Android user, enable Advanced Protection. Read more tips in FPF’s 2026 journalist’s digisec checklist.

FBI spied on Washington Post reporter prior to raiding their home

The Dissenter
The threat to press freedom from this case goes beyond seizing devices. The government shouldn’t be physically surveilling journalists.

How to film ICE

Wired
The best defense against ICE seizing your camera “is other people recording that action and then being able to use that footage as evidence in court, when you sue them,” said FPF’s Timm.

ICE knocks on ad tech’s data door to see what it knows about you

The Register
ICE wants to buy data from online ads to spy on people. Time to pass the Fourth Amendment is Not for Sale Act.

FAA’s mobile no-drone zones create First Amendment concerns

Quill
The Federal Aviation Administration’s new no-drone zones are “mind-boggling,” FPF’s Deputy Director of Advocacy Adam Rose said.

Too many FOIA requests, too little transparency

Columbia Journalism Review
“The big, systematic problems in FOIA predate the Trump administration,” FPF’s Lauren Harper said. “I think it’s fair to say that the Trump administration is making it a hell of a lot worse.”

Lenexa police investigated author of column criticizing the department. He's ‘pissed off’

KCUR
Writing op-eds is not a crime. Someone should tell police in Lenexa, Kansas, and suggest they read the First Amendment.

When enforcement hits home: Tips from local journalists covering immigration

We spoke to four journalists covering immigration enforcement across the country. Watch our conversation to learn more about reporting on protests and raids, cultivating sources, and reaching the public. Watch the discussion here:

youtube.com/embed/UaNk4eyEKZc?…

RSVP: cpj.org/usjanpaneldata

freedom.press/issues/brought-t…

404 Media

2026-02-04 14:05:33

FBI Couldn’t Get into WaPo Reporter’s iPhone Because It Had Lockdown Mode Enabled

The FBI has been unable to access a Washington Post reporter’s seized iPhone because it was in Lockdown Mode, a sometimes overlooked feature that makes iPhones broadly more secure, according to recently filed court records.

The court record shows what devices and data the FBI was able to ultimately access, and which devices it could not, after raiding the home of the reporter, Hannah Natanson, in January as part of an investigation into leaks of classified information. It also provides rare insight into the apparent effectiveness of Lockdown Mode, or at least how effective it might be before the FBI may try other techniques to access the device.

💡
Do you know anything else about phone unlocking technology? I would love to hear from you. Using a non-work device, you can message me securely on Signal at joseph.404 or send me an email at joseph@404media.co.

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FBI Couldn’t Get into WaPo Reporter’s iPhone Because It Had Lockdown Mode Enabled

Lockdown Mode is a sometimes overlooked feature of Apple devices that broadly make them harder to hack. A court record indicates the feature might be effective at stopping third parties unlocking someone's device. At least for now.

^{Joseph Cox (404 Media)}

The EDRi network strongly condemns the pressure of the US Trump administration on EDRi members and allies for our work on online platform regulation.

The post Statement of solidarity with EDRi members and allies facing pressure for their work on platform regulation appeared first on European Digital Rights (EDRi).

Die Piratenpartei Schweiz hat an der Piratenversammlung ihre Parolen zu den Abstimmungsvorlagen vom 08. März 2026 gefasst:

• Individualbesteuerung: JA
• Klimafonds-Initiative: Stimmfreigabe
• SRG-Initiative: Stimmfreigabe
• Bargeld-Initiative: JA zur Initiative, JA zum Gegenvorschlag, Stichfrage: Gegenvorschlag

Individualbesteuerung: Die Gleichbehandlung der Steuerzahler ist sinnvoll. Sie führt zu faireren Abgaben und mehr Unabhängigkeit im Erwerbsleben. Jorgo Ananiadis, Präsident der Piratenpartei: „Die Loslösung vom Konstrukt der Ehe ist zeitgemäss. Die bisherigen negativen Erwerbsanreize auf Zweiteinkommen sind ein alter Zopf und gehören abgeschafft. Die Steuern müssen fair sein und dürfen nicht von individuellen Verträgen abhängen.“

Klimafonds-Initiative: Die Piraten erkennen Klimaschutz als wichtig an, jedoch erachten Sie den Weg der vorliegenden Initiative riskant. Viele Mitglieder befürchten, dass mit der Schaffung solcher Fonds viel Geld in Bürokratie und Administration versickert und eine Klientelwirtschaft erwartet werden kann – wie schon oft gesehen. Um die Klima-Probleme nachaltig zu lösen empfehlen wir jedem, die Pro- und Kontra-Argumente individuell abzuwägen.

SRG-Initiative: Die Piraten anerkennen viele Argumente der Initianten und würden eine deutliche Verschlankung und Fokussierung des Angebots auf Kernbereiche begrüssen. Jedoch sind bei einer so starken Gebührensenkung auch deutlich negative Auswirkungen auf die Schweizer Medienlandschaft zu befürchten. Pat Mächler, Vorstand der Piratenpartei: „Die aktuelle Strategie des Bundes, die öffentliche Berichterstattung der SRG im online-Bereich zu stutzen, ist schädlich und absurd. In den deutschsprachigen Nachbarländern ist der Fokus gerade andersrum.“. Die Piraten bereiten eine Petition vor, bei dem das Thema der Freigabe von öffentlich finanzierten Medieninhalten und die Barrierenfreiheit solcher Produktionen thematisiert wird – im Sinne von „Public money, public content!“

Bargeld-Initiative: Die Piratenpartei unterstützt das Anliegen deutlich, insbesondere weil Bargeld ein inhärenter Bestandteil der Initiative der Piratenpartei auf Digitale Integrität mit ihrem „Recht auf ein Offline-Leben“ ist, siehe https://digitaleintegritaet.ch/feed/
Da der Gegenentwurf den Initiativtext aus unserer Sicht noch etwas konkreter in die bestehende Gesetzgebung integriert, gibt die Piratenpartei dem Gegenentwurf den Vorzug.

piratenpartei.ch/2026/01/26/pa…

February 5th – This is just a reminder to members and supporters of the United States Pirate Party that we will not be meeting on Sunday, February 8th, due to the national holiday (Super Bowl Sunday).

There will still be an ICYMI posted on Monday the 9th, featuring any and all updates to the board and the committees.

The February 15th meeting was moved to be a livestream meeting, meaning both the 15th and the 22nd meetings will be live streamed to YouTube.

uspirates.org/reminder-no-meet…

Last summer, Shirley Smith, an independent investigative journalist from the U.S. Virgin Islands, reached out about her efforts to get lawmakers there to modernize the territory’s public records laws. Having reported from jurisdictions with better (although far from perfect) transparency systems in place, she was sick of getting the runaround, and realized that the archaic and toothless laws on the books made evasion of records requests possible.

Our response was something like, “Where have you been all our lives?” We’ve spent years imploring journalists to advocate for their own legal rights — whether by fighting for transparency, pushing for laws to protect journalist-source confidentiality, or speaking out against abuses of federal and local laws to target newsgathering. No matter what one thinks about the place of “objectivity” in contemporary journalism, it’s absurd to let it get in the way of standing up for reporters’ own rights.

Smith — who has previously worked for outlets including the now-defunct Mississippi Center for Investigative Reporting, The Atlanta-Journal Constitution, The Telegraph in New Hampshire, and The Virgin Islands Daily News — told us she focuses on “long-form enterprise and investigative reporting on social justice issues and institutional inequities.” Her current work looks at “the impact of longstanding and often overlooked environmental hazards in the U.S. Virgin Islands and other issues that affect the welfare of residents.”

We spoke to Smith about her experiences reporting in the territory and why she decided to pursue reforms to its public records laws.

What obstacles are you encountering due to the local public records laws?

Between October 2022 and July 2025, I submitted public records requests to multiple government agencies in the U.S. Virgin Islands for records related to serious health, environmental, and safety issues that pose a risk to the community. Officials have ignored most of my requests. Those that did respond provided incomplete information after lengthy delays, or flimsy excuses — without legal justification — for why they could not release documents.

One of the most outrageous responses I received was from the police department. They said I have to provide proof of “Virgin Islands citizenship” to access public records, and they refused to send me copies of any records. Instead, they insisted I come into the police station to examine records.

A huge part of the problem is that the Public Records Act is outdated and weak. It does not require agencies to respond to public records requests within a specific time frame, which allows for lengthy delays with impunity; the penalty for violating the law is only $100; and the only recourse one has if an agency violates the law is to file a lawsuit, which will cost more than the $100 penalty. Also, the law was enacted in 1921, before the advent of the internet and other technological advances that are commonly used to conduct business and law enforcement efforts, so the law needs to be updated to include electronic records.

You’ve reported from all over the country. What is uniquely challenging about reporting on the USVI?

The USVI is a small territory, consisting of three main islands — St. Thomas, St. Croix, and St. John — with a total population of approximately 87,000, according to the most recent census. Although there are three branches of government — executive, legislative and judicial — the territory has a somewhat centralized government that is difficult to penetrate, because the governor wields most of the power.

“I only had two choices. I could capitulate or petition the USVI Legislature to revamp the territory’s archaic and ineffective public records law.”

Shirley Smith

The governor, who manages the affairs of the territory with some federal oversight, appoints the head of almost all government agencies, the members of agency boards, the attorney general, and the local judges. All appointments must be approved by the USVI Legislature, but these officials still serve at the pleasure of the governor.

Historically, the Democratic Party has been the predominant party in the territory, so most public officials, including the governor, are part of the Democratic machine, and most residents work for the government or are affiliated with someone who works for the government. Therefore, a lot of residents are intertwined with the government. As a result, many residents and public officials are either reluctant or fearful to speak to the media for fear of retribution from the administration. Since tourism is a major driver of the economy, some officials also try to downplay certain issues that may reflect poorly on the territory.

Additionally, the territory only has a handful of news outlets, and they do not have the resources to support in-depth investigative reporting, and the national media are usually not interested in issues in the USVI unless there is a major crisis. Hence, many issues are not covered or are underreported.

While the federal government monitors some activities in the territory, the Trump administration has rolled back certain environmental regulations and programs that were intended to protect residents’ health and safety. They have also made it difficult for the media, particularly independent journalists, to access certain federal records and data. This means that USVI residents cannot count on the kind of oversight they had in the past from the federal government to protect them. This is also extremely disturbing because usually, if journalists cannot obtain records from a local government, they can request the records from the relevant federal agency and vice versa. But now, it is difficult to get records related to the USVI from the local and federal government.

The confluence of all these factors impedes the media’s ability to hold public officials accountable, root out corruption, combat misinformation, and provide the public with accurate, untainted information. This can have devastating consequences in an emergency or crisis.

Why should journalists and news consumers in the mainland United States be concerned about public records laws in the USVI when there are so many attacks on press freedom and transparency coming from the federal level?

People born in the U.S. Virgin Islands and other U.S. territories, like our neighbors in Puerto Rico, are U.S. citizens. Yet, we are often treated as second-class citizens by the federal government. Under the First Amendment of the U.S. Constitution, journalists have the right to monitor the activities of the government on behalf of the public, and that includes the right to examine and get copies of public records. Recent events, such as the COVID-19 pandemic and military actions in the Caribbean, have magnified the need for access to public records at every level of government, including U.S. territories, because what happens in the Caribbean can have a ripple effect throughout the country. Also, many national stories emerge from local incidents.

Another case in point is the Jeffrey Epstein case. The private islands formerly owned by Epstein, where he and other powerful men allegedly sexually abused underage girls and women, are located in the U.S. Virgin Islands. The Virgin Islands also receives a lot of federal funds, and American taxpayers have a right to know how this money is spent.

Journalists are often reluctant to go on offense in advocating for their rights to gather news. They might take the government to court over a denial of a specific records request, but they’re less inclined to try to change the law more broadly. Talk about why you chose to go down this path.

As an independent journalist, I do not have the resources to file a lawsuit, and I could not find an attorney or a media advocacy organization to assist me with obtaining the records I requested. So, I wrote an op-ed about the government’s lack of transparency and my personal experience, but I realized that writing an article was not enough to ensure lasting change and accountability. Therefore, I only had two choices. I could capitulate or petition the USVI Legislature to revamp the territory’s archaic and ineffective public records law.

As a journalist, I had some trepidation about petitioning the legislature because I did not want to be viewed as a biased advocate or a lobbyist. But extraordinary circumstances require extraordinary actions. And, I don’t think journalists should shy away from the term “advocate” anymore. Journalists should be advocates for the truth, justice, and accountability for the public good. This initiative is about preserving journalists’ constitutional rights to seek the truth and monitor the government, so we can hold those in power accountable and provide unbiased, accurate news coverage to the public, so they can make informed decisions.

“What happens in the Caribbean can have a ripple effect throughout the country...Many national stories emerge from local incidents.”

Shirley Smith

Journalists cannot afford to wait around for others to fight for us when there are blatant attempts by the government to silence and discredit us, control the news narrative with distorted facts, and when people’s health and safety and our own lives and livelihoods are increasingly at risk because every time those in power succeed in stifling the media — whether it be on the local, national or international level — it emboldens others to follow suit. This will eventually lead to a government-controlled media and the further dismantling of the fundamental principles of democracy that we are seeing play out across the nation.

It has been an exhausting battle, but I am no longer in this fight alone. The Freedom of the Press Foundation (FPF) and the VI Source, a local news outlet, have partnered with me in this initiative. Thanks to FPF’s efforts, I have also garnered the support of 11 other national advocacy organizations, including the Joseph L. Brechner Freedom of Information Project at the University of Florida College of Journalism and Communications. They submitted a joint letter of support for this initiative to the VI Legislature.

You’re doing this as an independent journalist without a big legal budget. Do you think it’s fair that someone in your position needs to take the lead on this or should bigger outlets, whether in the USVI or elsewhere, be stepping up?

It is definitely not fair, but necessary. Segments of the local media have successfully sued the government in the past, but they either do not have the resources to do so now or are unwilling to sue for whatever reason. Unfortunately, the plight of freelancers is often disregarded or overlooked in the journalism industry. Over the past two years, I reached out to several notable national media advocacy organizations, but I could not find anyone to assist me with obtaining public records.

The lack of access and stonewalling tactics by public officials, including the governor’s communications team, which removed me from their media list shortly after I asked the governor a question about a water crisis at a news conference, have hampered my ability to gather information that is critical to my investigation and report the news. But, as I indicated, this initiative to revamp the territory’s public records statute and strengthen its other sunshine laws is bigger than me. People have the right to know what is going on in their government — especially when it comes to their health, welfare and safety — not just what government officials want them to know to promote their agenda. The ubiquitous lack of access to public records and information is also disconcerting, given the level of corruption at the highest levels of the USVI government.

If I am successful in getting the Legislature to make substantive changes to the sunshine laws, everyone in the Virgin Islands stands to benefit, including the Legislature. Several senators and their staff have admitted that they have also had difficulty obtaining certain records from the executive branch.

Does being a native of the USVI allow you to get things done in ways that a news outlet or advocacy organization from elsewhere wouldn’t be able on its own? Do you think the same principle — that locally led campaigns are more likely to get off the ground — would hold true elsewhere in the country?

Although some people are more likely to talk to me when they realize I am a native of the USVI, being a Virgin Islander has not made it easier for me to penetrate the political system and obtain public records and information. I, like most credible journalists, never want to distract from a story by making it about me. I don’t do this work for my own aggrandizement. However, there are times when you are the subject of the story or your life intersects with a story, and sharing your challenges adds value to a story and may encourage others to come forward. At the end of the day, that is why I became a journalist — to make a difference in society. But speaking up generally comes with a cost, so it is not an easy decision.

I think journalists on the mainland may have an easier time petitioning their government to reform public records laws because it would be easier for them to find community leaders and groups to partner with that are not intertwined with the government. However, independent journalists will face the same challenges that I have unless more media advocacy organizations step up to support them, regardless of whether they work for a big news outlet or not.

freedom.press/issues/a-journal…

Announcement of Submission

The European Pirates submitted its response to the European Commission’s Call for Evidence on the Open Source Software Strategy on 3 February 2026.

European Commission’s Call For Evidence

On 6 January, 2026, the European Commission opened a forum to invite consultations and gather feedback on the results achieved during the 2020-2023 period (use, development, and reuse of digital assets) under the Commission’s Open Source Software Strategy. This call for evidence is part of the European Commission’s initiative to develop an Open-Source digital ecosystem in the European Union to achieve the objectives of cybersecurity, technological sovereignty, and global competitiveness, which in turn falls under the umbrella of the EU’s Digital Decade plan 2030.

Below is the context of the Call for Evidence, the considerations that informed European Pirates’ response, and the process through which the submission was developed. Our response is available separately.

Why This Call Matters

The development of a robust, public, and open-source digital ecosystem across Europe requires a well-coordinated effort. This underscores the importance of including the opinions of all stakeholders: EU member governments, technology infrastructure providers, civil society organisations & NGOs, businesses & industry (non-tech), academic and research institutions, and the public.

Ideas or initiatives require careful assessment of past results, current conditions across technical, geopolitical, logistical, and economic perspectives, and their likely long-term impact on various segments of society. Omitting this crucial step in policymaking can hinder a well-intentioned plan from becoming an effective, impactful policy.

European Pirates’ Response To The Call

As an organisation, the European Pirates stands for a digital society grounded in fundamental rights, democratic control, transparency, and shared public value. Committed to the objective of a digital Europe that is open, decentralised, and respects human rights, European Pirates engaged with the Call for Evidence and submitted a formal response.

The European Pirates’ response emphasizes the need to support and encourage open-source projects within the EU, particularly amid an evolving global political and technological landscape. In their response to the Commission’s “Call to the evidence,” the European Pirates raised important questions about the pace, scale, and governance. The core objective is to reiterate the importance of balance between supporting innovation and enabling rapid development. The submitted proposal focuses on “Key Opportunities and Key Risks,” explaining the need to avoid placing unnecessary constraints on projects that undermine core EU principles such as privacy, security, and good data management.

The European Pirates view this consultation as a matter of urgency, as the EU’s reliance on non-EU proprietary infrastructure is a significant concern.

Research and inputs informing the response

The preparation of the response drew on policy analysis, prior organisational positions, and external inputs.

Our policy team began with the European Pirates’ manifesto and core principles, using them as a reference point to assess the direction and implications of the Commission’s initiative. Our policy team conducted an extensive review of existing and proposed EU legislation, along with relevant policy proposals, to understand how the objectives of the Open Source Software Strategy interact with the current regulatory landscape.

In parallel, commentary and analysis from civil society organisations were examined to cross-reference the proposed approach with existing or in-implementation practices. This comparative approach helped identify areas where new initiatives risk duplicating, contradicting, or undermining existing legal frameworks. Previous experiences, such as debates around proposals that conflicted with established rights and safeguards, were considered instructive in this regard, underscoring the importance of policy coherence.

In addition, input was sought from member organisations and affiliated parties, allowing for a broader range of perspectives to inform the analysis. In addition, the direct involvement of some of our policy team members in Open-Source projects provided first-hand insight into practical implementation considerations.

Key Takeaways

With world politics, market forces, and perspectives of global civil societies intertwining and cutting into one another, technology is neither untouched nor neutral. Open digital ecosystems help increase transparency, lower dependence on major non-EU players, and support innovation that is both competitive and responsible. Factors such as procurement practices, funding models, governance frameworks, and infrastructure choices will play a decisive role in shaping the future of open digital ecosystems in Europe. This is why the European Pirates strongly believe and advocate that digital infrastructure that holds power, agency, and access must be designed, governed, and maintained in the public interest.

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europeanpirates.eu/europes-ope…

What has the EDRi network been up to over the past few weeks? Find out the latest digital rights news in our bi-weekly newsletter. In this edition: borders, biometrics, billionaires and bots

The post EDRi-gram, 4 February 2026 appeared first on European Digital Rights (EDRi).