1. I am currently employed by Wired News as Washington, D.C. bureau chief. The following facts are true of my own personal knowledge, and, if called upon to testify, I could and would competently testify thereto.

2. I have been an online journalist since 1995, and have covered politics and technology for numerous publications and news services, including George magazine, UPI, Business 2.0 magazine, Slate, The New Republic, and intellectualcapital.com. Prior to joining Wired News, I was a reporter for Time magazine and Time Digital Daily, and a correspondent for HotWired.

3. I was the first Internet reporter to join the National Press Club, I participated in the first White House dot-com press pool, and in 1996 I was one of the first online reporters to receive credentials from the press gallery of the United States Congress.

4. A frequent commentator on politics and technology, I have appeared on CNN, CNN-fn, Court TV, NPR’s All Things Considered, ABC News’ Good Morning America, CNBC, CBC, CSPAN, Reuters TV, and Fox News. I also have frequently spoken at conferences and universities regarding technology issues.

5. I have been covering James Dalton Bell’s battles with the law since April 1997. I have written approximately six articles about Mr. Bell, including the two articles that are identified in the government’s subpoena: "Crypto-Convict Won’t Recant," published April 14, 2000, and "IRS Raids Cypherpunk’s House," published November 11, 2000. True and correct copies of these articles are attached as Exhibits A and B.

6. I continue to conduct interviews and collect information about Mr. Bell and the "cypherpunk" phenomenon, and intend to publish additional articles using this information. It is my hope to cover Mr. Bell’s trial.

7. Over the past several years, Mr. Bell and I have communicated irregularly, mostly by telephone. Some of the information provided to me by Mr. Bell has resulted in news stories; some has not, but might be used in future stories.

8. As a regular practice, I carefully retain information that I gather as a journalist until it is useful for published articles. It is my firm belief that sources speak to me and cooperate with my newsgathering efforts because I am independent and can be trusted.

9. Some of my sources already have told me that they will stop assisting me or providing me with information if I testify in Bell’s trial. Of particular concern to me is the likely loss of sources who are challenging the authorities on issues relating to Internet freedom. These sources, who have given me information that was vital to covering all sides of Internet issues, are likely to view me in the future as an agent for the government if I am compelled to testify for the prosecution in Mr. Bell’s trial.

10. Testifying about unpublished information also will jeopardize my credibility as a journalist. As a journalist I strive to be – and to appear to be – impartial at all times. Many people who have provided me with information have done so on the understanding that I was working as a reporter, and not gathering information for litigants. Moreover, the information I receive from sources leads me to other sources and additional information. It is my skill at gathering news that makes me an effective journalist, and disclosure of my practices will put me at a competitive disadvantage in the future. Disclosing work product could compromise my reputation as an impartial journalist and a communicator of news, and creates the perception that I not only collect information for Wired News and its readers, but also for litigants.

11. I was served with a Subpoena in a Criminal Case by federal agents on March 8, 2001, while I was attending a conference in Cambridge, Massachusetts. A true and correct copy of the subpoena is attached as Exhibit C.

12. Soon after I was served with the subpoena, my counsel engaged in discussions with the prosecutor, Robb London, regarding the scope of my testimony. I am informed that Mr. London stated that he seeks my testimony only regarding the accuracy of the aforementioned articles.

13. My counsel also engaged in discussions with counsel for Mr. Bell, Robert Leen, in the hope that the parties would stipulate to the accuracy of the statements in my articles, obviating the need for my testimony at trial. I am informed that Mr. Leen told my counsel that cross-examination will not be limited to published information, and Mr. Bell might seek testimony regarding a variety of areas that Mr. Bell thinks will be helpful to his defense. I understand that Mr. Leen directed my counsel to speak directly to Mr. Bell regarding this matter.

14. Mr. Bell and I spoke by telephone on Monday, March 26, 2001. I told Mr. Bell the reasons why I do not believe I should be compelled to testify in this action. He told me, however, that he was reluctant to agree to a stipulation. He also told me he intended to call other journalists as witnesses in his trial. My counsel, Timothy Alger, has sent a letter to Mr. Bell, requesting that he agree to a stipulation, but, as of Thursday afternoon, March 29, Mr. Alger has not received any response from Mr. Bell.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this Declaration was executed by me on March 29, 2001 in Washington, D.C.