In April 2025, the Attorney General issued an updated News Media Policy (Policy) on obtaining information from, or records of, members of the news media. The new Policy adopts a modified version of the 2014 regulations, revised to bring the regulations back into alignment with the decades-long practice.

The purpose of these regulations is to strike the proper balance between the public’s interest in the free dissemination of ideas and information and the public’s interest in effective law enforcement and the fair administration of justice.

Under the new Policy, the Department will continue to employ procedural protections to limit the use of compulsory legal process, recognizing that investigative techniques relating to newsgathering are an extraordinary measure to be deployed as a last resort when essential to a successful investigation or prosecution.

The policies, procedures, and standards governing the use of compulsory process to obtain information from and records of members of the news media, as well as the questioning, arresting, or charging of members of the news media, are set forth in 28 C.F.R. § 50.10. The discussion below is intended to summarize the major provisions of § 50.10. Department attorneys must review and comply with these regulations before obtaining records or information, questioning, arresting, or charging members of the news media.

For Further Information Contact: The Criminal Division’s Office of Enforcement Operations, Policy and Statutory Enforcement Unit (PSEU) can be reached at 202-305-4023 and pseu@usdoj.gov.

1. 1. Statement of Principles
   The Department’s Policy is to strike the proper balance among several vital interests: protecting national security, ensuring public safety, promoting effective law enforcement and the fair administration of justice, and safeguarding the vital role of a free and independent press in the functioning of our democracy.

   The Policy is intended to provide procedural protections, limiting the use of compulsory legal process to obtain information from or records of members of the news media, and providing enhanced authorization requirements and advance notice. The Department views the use of compulsory legal process to obtain information from non-consenting members of the news media as an extraordinary measure and not a standard investigatory practice.

   The Policy is not intended to extend special protections to members of the news media who are targets of criminal investigations or are parties to civil investigations for conduct not based on, or within the scope of, newsgathering activities. [28 C.F.R. § 50.10(a)(1)].

   Nor is the Policy intended to inhibit the ability of law enforcement authorities to engage with members of the news media for the purpose of obtaining the voluntary production or disclosure of records, materials, or information, or to question or interview members of the media on a voluntary basis when such questioning does not concern criminal conduct the member of the news media is suspected of having committed in the course of, or arising out of, newsgathering activities. Such engagement does not require authorization under 28 C.F.R. § 50.10(c)(3)(i) or § 50.10(c)(3)(i).

   Note: Investigative activities pursuant to the Policy may also be subject to the Privacy Protection Act of 1979, 42 U.S.C. § 2000aa.

2. 2. Scope[28 C.F.R. § 50.10(b)]

   1. 1. Covered Individuals and Entities

      The Policy covers news media entities and individuals engaged in lawful newsgathering activities. These terms are not defined in this Policy. Whether an individual or an entity is a member of the news media, and whether the information at issue involves lawful newsgathering are often fact-specific inquiries and should be determined on a case-by-case basis. Because the purpose of this Policy is to protect the lawful newsgathering process, the Attorney General authorization requirement of 28 C.F.R. § 50.10(c)(1) does not apply to demands for commercial, financial, or other information unrelated to the newsgathering function. See 28 C.F.R. § 50.10(c)(3)(ii). Department attorneys should consult with the Criminal Division’s Office of Enforcement Operations when determining whether a target of the proposed compulsory process involves a news media member or the information sought involves lawful newsgathering. Upon such consultation, the Director of the Criminal Division’s Office of Enforcement Operations will determine whether a person or entity is a member of the news media, or whether the information sought relates to lawful newsgathering. The Director of the Office of Enforcement Operations shall notify the Assistant Attorney General of the Criminal Division of any requests for a consultation regarding whether the target of the proposed compulsory process involves a news media member or the information sought involves lawful newsgathering.

      The protections of the Policy do not apply to anyone who is or is reasonably likely to be: (1) a foreign power or an agent of a foreign power, or a member or affiliate of a terrorist organization; (2) committing or attempting to commit terrorism, or providing support to a terrorist organization; or (3) aiding or conspiring in illegal activity with any such person or organization. Members of the Department should consult with the Criminal Division’s Office of Enforcement Operations when there is any question whether a potential member of the news media may be excluded from the Policy’s scope by operation of 28 C.F.R. § 50.10(b)(1)(ii). Upon such consultation, the Director of the Criminal Division’s Office of Enforcement Operations will determine whether a potential member of the news media is excluded from the Policy’s scope under § 50.10(b)(1)(ii). The Director of the Office of Enforcement Operations may consult with the National Security Division as necessary.

   2. 2. Covered Law Enforcement Tools and Records.

      The Policy governs the use of subpoenas or similar civil process such as civil investigative demands to obtain materials or testimony from members of the news media and the use of subpoenas or court orders to obtain the media member’s communications or business records from third parties. The Policy also governs applications for warrants to search the premises or property of members of the news media or to obtain news media members’ communications records from third-party service providers. See 28 C.F.R. § 50.10(b)(2).

3. 3. Issuing Subpoenas to Members of the News Media, or Using Subpoenas or Court Orders to Obtain Communications Records or Business Records of a Member of the News Media from Third Parties.[28 C.F.R. § 50.10(c)]
   1. 1. The Attorney General’s authorization is generally required before the issuance of any subpoena to a member of the news media or use of a subpoena or court order to obtain communications records or business records of a news media member from a third party, including use of pen registers and trap and trace devices. Such requests for Attorney General authorization must be approved by the United States Attorney or Assistant Attorney General responsible for the matter. The Department does not consider the requirements of 28 C.F.R. § 50.10 applicable to subpoenas for journalistic materials and records of deceased journalists. The Department also does not consider the requirements of 28 C.F.R. § 50.10 to be applicable to compulsory process directed to divisions, subsidiaries, related corporate entities, and other parts of an entity that are not themselves engaged in newsgathering. In other words, the fact that an entity may have a single division engaged in news gathering does not mean that the entire entity is considered to be News Media.
   2. 2. Exceptions to the Attorney General authorization requirement.
      1. 1. Consent of the Member of the News Media.
         The United States Attorney or Assistant Attorney General responsible for the matter may authorize the issuance of a subpoena to a member of the news media (e.g., for documents, video or audio recordings, testimony, or other materials) if the member of the news media expressly agrees to provide the requested information in response to a subpoena. In such circumstances, the Office of the United States Attorney or Office of the Assistant Attorney General responsible for the matter shall provide notice to the Director of the Criminal Division’s Office of Enforcement Operations within 10 business days of the authorization of the issuance of the subpoena.

      2. 2. Seeking Information Not Related to Newsgathering Activities.
         The United States Attorney or Assistant Attorney General responsible for the matter may authorize the issuance of subpoenas to news media entities, including to divisions, subsidiaries, related corporate entities, and other parts of an entity that are not themselves engaged in news gathering, for information unrelated to lawful newsgathering activities; or for information or records relating to personnel not involved in lawful newsgathering activities; or the use of subpoenas or court orders to obtain from third parties communications records or business records of members of the news media who may be perpetrators, victims, or witnesses to crimes or other events unrelated to their lawful newsgathering activities.

         In such cases, the United States Attorney or Assistant Attorney General responsible for the matter must authorize the use of the subpoena or court order; consult with the Criminal Division regarding appropriate review and safeguarding protocols; and provide a copy of the subpoena or court order to the Director of the Office of Public Affairs and to the Director of the Criminal Division’s Office of Enforcement Operations within 10 business days of the issuance of the subpoena or court order.

   3. 3. Considerations for the Attorney General in determining whether to authorize the issuance of a subpoena to a member of the news media, or whether to authorize the issue of a subpoena or court order to third parties to obtain the communications records or business records of a member of the news media.

      Department attorneys seeking the Attorney General’s authorization to issue a subpoena to a member of the news media or use a subpoena or court order to obtain communications records or business records of a news media member must submit, through the Criminal Division’s Office of Enforcement Operations, a written request summarizing the facts of the prosecution or investigation, explaining why the information is essential to the investigation or prosecution, describing attempts to obtain the voluntary cooperation of the news media through negotiations and explaining how the proposed subpoena will be fashioned as narrowly as possible to obtain the necessary information while minimizing intrusion and burden. See 28 C.F.R. § 50.10(c)(4).

      1. 1. Criminal and Civil Matters. In criminal matters, there should be reasonable grounds to believe that a crime has occurred, and that the information sought is essential to a successful investigation or prosecution. In civil matters, there should be reasonable grounds to believe that the information sought is essential to the successful completion of the investigation or litigation in a case of substantial importance.
      2. 2. Essential Information.A subpoena or court order should not be used to obtain peripheral, nonessential, or speculative information, and the government should have made all reasonable attempts to obtain the information or records from alternative sources.
      3. 3. Negotiations.The government should pursue voluntary compliance with the affected member of the news media, unless the Attorney General determines that such process would pose a substantial threat to the integrity of the investigation, risk grave harm to national security, or present an imminent risk of death or serious bodily harm.
      4. 4. National Defense or Classified Information. In investigations of unauthorized disclosures of national defense information or of classified information, the relevant Department or agency head may request the Attorney General’s authorization to issue subpoenas to members of the news media. The Attorney General may also authorize the Department, in such investigations, to use subpoenas and other compulsory process to obtain communications records or business records of a member of the news media.
      5. 5. Narrowly drawn. The proposed subpoena or court order should be narrowly drawn and should give reasonable and timely notice of the demand. If appropriate, investigators should use search protocols to minimize intrusion into newsgathering activities unrelated to the investigation.

4. 4. Applying for Warrants to Search News Media Member’s Premises or Property, or Communications Records. [28 C.F.R. § 50.10(d)]

   Except in cases involving exigent circumstances, Department attorneys must obtain the authorization of the Attorney General to apply for a warrant pursuant to 28 C.F.R. § 50.10(d) to search a news media member’s premises or property or communications records. Such requests must first be approved by the United States Attorney or Assistant Attorney General responsible for the matter. Department attorneys seeking the Attorney General’s authorization to apply for a warrant pursuant to 28 C.F.R. § 50.10(d) should submit, through the Criminal Division’s Office of Enforcement Operations, a written request addressing the considerations referenced in 28 C.F.R. § 50.10(d)(3) as well as proposed search protocols pursuant to 28 C.F.R. § 50.10(d)(4).

   The Department does not consider the requirements of 28 C.F.R. § 50.10 to be applicable to search warrants to search divisions, subsidiaries, related corporate entities, and other parts of an entity that are not themselves engaged in news gathering. In other words, the fact that an entity may have a single division engaged in news gathering does not mean that the entire entity is considered to be News Media.

5. 5. Notice to Affected Member of the News Media. [28 C.F.R. § 50.10(e)]

   When the Attorney General has authorized the use of a subpoena, court order, or warrant to obtain a news media member’s communications or business records from a third party, the affected media member shall be given reasonable and timely notice before the use of the subpoena, order, or warrant, unless the Attorney General determines such notice would pose a substantial threat to the integrity of the investigation, risk grave harm to national security, or present an imminent risk of death or serious bodily harm.

   If such exception applies, the United States Attorney or Assistant Attorney General responsible for the matter shall provide notice of the subpoena, order, or warrant to the affected member of the news media as soon as it is determined that such notice will no longer pose a substantial risk. In any event, such notice shall occur within 45 days of receipt of information pursuant to subpoena, order, or warrant. The Attorney General may authorize one additional delay of 45 days. The Attorney General may authorize additional delays beyond the 90-day period only where the affected member of the news media is suspected of criminal conduct entirely outside the scope of newsgathering and the additional delay is necessary to preserve the integrity of an ongoing criminal investigation.

   The United States Attorney or Assistant Attorney General responsible for the matter shall provide a copy of the notice to the Director of the Office of Public Affairs and to the Director of the Criminal Division’s Office of Enforcement Operations at least 10 business days before the notice is provided to the affected member of the news media, and immediately after such notice is, in fact, provided to the affected member of the news media.

6. 6. Questioning, Arresting, or Charging Members of the News Media. [28 C.F.R. § 50.10(f)]

   No member of the Department shall question a news media member about a possible offense that he or she is suspected of having committed in the course of, or arising out of, the coverage or investigation of news, or while engaged in the performance of duties undertaken as a member of the news media without the Attorney General’s express authorization. Nor may a member of the Department arrest a news media member, absent exigent circumstances (e.g., to address an imminent threat of harm), or seek a warrant for the arrest of a news media member over any offense similarly related to newsgathering without the Attorney General’s express authorization.

   No Department attorney shall present information to a grand jury seeking a bill of indictment against a news media member for any suspected offense committed related to newsgathering without the express authorization of the Attorney General.

   In all such cases, notice must also be provided to the Director of the Office of Public Affairs.

   Members of the Department should consult with the Criminal Division’s Office of Enforcement Operations prior to questioning a potential member of the news media who is suspected of a criminal offense. The Director of the Office of Enforcement Operations will determine whether the proposed questioning requires authorization by the Attorney General. In all other circumstances, including when a potential member of the news media will be questioned solely in his or her capacity as a victim of or witness to criminal offenses committed by third parties, no consultation is required.

   Members of the Department seeking the Attorney General’s authorization to question, arrest, or charge a potential member of the news media must submit, through the Criminal Division’s Office of Enforcement Operations, a written request summarizing the facts of the prosecution or investigation.

7. 7. Exigent circumstances. [28 C.F.R. § 50.10(g)]

   A Deputy Assistant Attorney General for the Criminal Division may authorize the use of a subpoena or court order or the questioning, arrest, or charging of a member of the news media if he or she determines that the exigent use of such law enforcement tool or technique is necessary to prevent or mitigate an act of terrorism; other acts that are reasonably likely to cause significant and articulable harm to national security; death; kidnapping; substantial bodily harm; conduct that constitutes a specified offense against a minor, or an attempt or conspiracy to commit such a criminal offense; or incapacitation or destruction of critical infrastructure.

   A Deputy Assistant Attorney General for the Criminal Division also may authorize an application for a warrant, as described in subsection (d) above, if there is reason to believe that the immediate seizure of the materials at issue is necessary to prevent death or serious bodily injury to a human being.

   In such cases, the United States Attorney or Assistant Attorney General responsible for the matter shall submit the request for exigent Deputy Assistant Attorney General authorization through the Criminal Division’s Office of Enforcement Operations, and provide to the Attorney General and to the Director of the Office of Public Affairs a statement containing the information that would have been given in requesting prior authorization within 10 business days.

[updated September 2025]