In response to a request for how it was able to obtain AP phone records, the Justice Department gave Business Insider this prepared statement:
We take seriously our obligations to follow all applicable laws, federal regulations, and Department of Justice policies when issuing subpoenas for phone records of media organizations.? Those regulations require us to make every reasonable effort to obtain information through alternative means before even considering a subpoena for the phone records of a member of the media.? We must notify the media organization in advance unless doing so would pose a substantial threat to the integrity of the investigation.? Because we value the freedom of the press, we are always careful and deliberative in seeking to strike the right balance between the public interest in the free flow of information and the public interest in the fair and effective administration of our criminal laws.
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Source: http://www.businessinsider.com/doj-response-ap-phone-records-2013-5
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