This NYT story looks at the Apple Computer lawsuit against a blogger, forcing him to reveal his sources. That raises the following question: Is the blogger a journalist, with limited rights to protecting source confidentiality, or not?

An excerpt:

The case, which involves company secrets that Apple says were disclosed on several Web sites, is being closely followed in the world of online commentators, but it could have broad implications for journalists working for traditional news organizations as well.

If the court, in Santa Clara County, rules that bloggers are journalists, the privilege of keeping news sources confidential will be applied to a large new group of people, perhaps to the point that it may be hard for courts in the future to countenance its extension to anyone.

"It's very serious stuff," said Brad Friedman, who describes himself as an investigative blogger (his site is bradblog.com). "Are they bloggers because they only publish online? I think you have to look at what folks are doing. And if they're reporting, then they're reporters."

Apple has long had a devoted following, and leaked information about new Apple products has appeared on Web sites for years. To combat this, the company filed the suit late last year against the sources of these leaks - people the company assumes are employees or contractors.

Apple has asked the court to compel the Web sites that displayed the product information to disclose their identity. Bloggers are fighting Apple's efforts, which it has focused on three Web sites - Thinksecret.com, Appleinsider.com and PowerPage.org.

The judge in the case, James Kleinberg, is required only to interpret a California statute that recognizes a privilege protecting reporters in keeping news sources confidential. A ruling could come as early as this week.

On its face, the lawsuit brought by Apple has to do with theft of trade secrets. But Susan Crawford, a law professor at Cardozo law school of Yeshiva University (and a blogger herself), says that the steps Apple has asked the court to take open a broader question.

"Under what circumstances should an online forum be forced to disclose a source behind information that they're posting?" Ms. Crawford said. "There is no principled distinction between a New York Times reporter and a blogger for these purposes. Both operate as news sources for wide swaths of the general public."