Molly has a really good explanation of the legal issues involved in the Apple-vs-web sites (not really “bloggers”) suits:
The violation of non-disclosure agreements (NDAs) is – read this carefully – not a criminal act. This is why comparing the actions of those who might have violated a NDA and those who published the information to murderers and thieves is erroneous by the standards of U.S. law.
What may exist if a NDA is proven to have been breached is what is known as a tortious interference with business. Breach of a NDA may result in fines, or other civil ramifications, but most decidedly not criminal ones.
You see, here in the U.S. we arenâ€™t supposed to mix our business interests (which are heavily regulated by the government already) with those civil liberties granted us via the Constitution and its amendments.