TAMPA, Fla. — Tim Burke, the husband of Tampa Councilwoman Lynn Hurtak, has been arrested on multiple federal charges related to computer crimes.
Burke, a Tampa media consultant and journalist, was indicted Thursday and faces charges including conspiracy to hack in a case involving sensitive information on computers.
The Federal Bureau of Investigation raided Burke's Seminole Heights home in May of last year and confiscated multiple computers and iPhones.
According to the indictment, Burke, 45, and another unnamed individual used "compromised credentials to gain unauthorized access" to information on the protected computers that belonged to the National Sports League, a broadcast transmission company, and two unnamed media networks.
The indictment against Burke does not name Fox News as one of the victims, but according to a court document Burke filed late last year, the raid of his home "apparently originated" from a complaint by Fox News about the embarrassing information he obtained, which included un-aired, unedited video clips from Tucker Carlson's former show on the news network.
According to Burke's appeal, the clips were sent to a pair of media outlets where they were published.
In the appeal, Burke maintained he didn’t hack the videos or steal them and obtained them "from sites configured to be readily accessible to the public."
Read the full document from Burke's lawyers below:
Federal appeal of Timothy B... by ABC Action News
"We’re looking forward to defending the case," Burke's attorney, Michael Maddux, said Thursday. "And generally speaking, this indictment is not a good moment for journalism, and we intend to show that.”
The U.S. government's indictment, however, tells a different story.
It says Burke used compromised user names and passwords to access "protected computers without authorization." It concludes that Burke and the unnamed co-conspirator gained access to information that was deemed desirable and made attempts to "misinterpret, hide, and conceal the conspiracy and the acts committed."
Burke made his first appearance before a federal judge Thursday and is being charged with the following:
- one count of conspiracy;
- six counts of accessing a protected computer without authorization;
- seven counts of intercepting or disclosing wire, oral, or electronic communications
Councilwoman Hurtak released a statement in support of her husband, saying, "I am confident in my husband's innocence, and I support him completely. I will not be making additional statements regarding this matter."
Even though Burke has argued his actions were protected as a journalist, Cooley Law School law professor Jeffrey Swartz believes Burke’s innocence or guilt will ultimately depend on how he accessed and obtained the videos.
“As far as the First Amendment is concerned, stealing information if you’re a journalist — stealing information or participating in the stealing of information is not journalism. It’s not First Amendment protected," he said.
Meanwhile, the Freedom of the Press Foundation has issued a statement in support of Burke.
"The indictment threatens journalists' ability to gather information online by implying that they have a previously unrecognized duty to ask for express permission to use information they find posted on the internet," the group wrote, in part.
