9/11 phone-hacking claims: families to meet US attorney general

Top law official agrees to discuss progress of FBI investigation into allegations against journalists working for News Corp

Relatives of victims of the 9/11 terror attacks in New York are to meet with America's top law enforcement official to discuss allegations that journalists working for News Corporation tried to gain access to the phone records of the dead.

The US attorney general Eric Holder has agreed to see a group of family members and their legal representative on 24 August to discuss the progress of an FBI investigation. The agreement to hold the meeting is a sign of how seriously the inquiry is being taken.

Norman Siegel, a New York-based lawyer who represents 20 families who lost loved ones on 11 September 2001, confirmed the meeting and said he intended to take as many of the relatives as possible to see Holder in Washington. "We are hoping the allegations of hacking prove to be untrue but we want a thorough investigation to determine what happened," he said.

The allegation that News of the World reporters attempted to gain unauthorised access to victims' voicemails was made in an article in the Mirror earlier this month. The paper said the journalists had approached a former New York police officer working as a private detective and asked him to do the hacking, which he declined to do.

So far no evidence has emerged to corroborate the Mirror's story but, should the allegations firm up, News Corp could face a rash of civil litigation from family members. Lawyers have begun preliminary discussions with relatives pointing out their legal options.

"If there is something to the story, then there are a number of different claims that people could file," said Mark Vlasic, a Washington-based lawyer and professor at Georgetown University.

Vlasic said one possible legal! recours e open to families would be to sue under the electronic communications and privacy act. Title 18 USC section 2701, which carries a minimum fine of $1,000 (612) for every event proved, makes it unlawful to obtain unauthorised access to stored communications, including voicemail.

Title 18 USC section 1030, barring unauthorised access to protected computers, could also be invoked in relation to the mainframe computers on which the phone companies store voicemails.

Siegel said that he had pointed out to the families he represents that civil legal action could be open to them. Any attempt by News of the World reporters to gain access to voicemails, even if such an attempt were unsuccessful, could be liable to penalties.

But Siegel said that the priority at this stage was to find out whether the allegations were true. "Family members are painfully going back to the period of 9/11 and trying to recall whether there were articles about their loved ones that could only have been written on the basis of hacking of calls or computers."

Sally Regenhard, who lost her firefighter son Christian at the World Trade Centre, said families were adopting a wait-and-see policy: "We just want to know what's happening with the investigation."

Another victim's relative, who asked not to be named, said she had been talking to a lawyer about a possible lawsuit. "Between Osama bin Laden's death and the 10th anniversary of 9/11 in September, this is a very stressful time for us. If the phone-hacking allegations turn out to be true it would be very upsetting for us it would be such a violation."

During his testimony to the UK parliament earlier this month Rupert Murdoch referred to the 9/11 phone-hacking claim and said "we have seen no evidence at all and as far as we know the FBI haven't either". But he added that he did not know whether News of the World employees or the private investigator Glenn Mulcaire could have taken it upon themselves to do the hacking.

On Wednesday Piers Morgan, th! e former editor of the Daily Mirror, denied for the second time in a week that he printed stories obtained through phone hacking.

CNN, which employs him as a chatshow host, issued the latest denial over comments Morgan made when he was on Radio 4's Desert Island Discs.


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