Free Flow of Information Act of 2007

Bill: 110-s-2035
Sponsor: Sen. Specter, Arlen [R-PA]
Introduced: 2007-09-10 in the Senate
Policy area: Law
Subjects: Arts, Culture, Religion
Authors and authorship
Business records
Civil Rights and Liberties, Minority Issues
Commerce
Confidential communications
Crime and Law Enforcement
Criminal investigation
Criminal procedure
Discovery (Law)
Evidence (Law)
Freedom of the press
Government Operations and Politics
Informers
Internet
Journalism
Journalistic ethics
Press
Prosecution
Reporters and reporting
Science, Technology, Communications
Subpoena
Terrorism
Witnesses

Summary:
action_date: 2007-09-10
text: 
Free Flow of Information Act of 2007 - Prohibits a federal entity from compelling a covered person (journalists and their employers, etc.) to testify or produce any document relating to protected information unless a court makes specified determinations by a preponderance of the evidence, including that all reasonable alternative sources have been exhausted and that nondisclosure would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information.
 
Requires the content of compelled testimony or documents to be limited and narrowly tailored. 
 Creates exceptions relating to criminal or tortious conduct, prevention of death, kidnapping, or substantial bodily injury, prevention of terrorist activity, or prevention of national security harm. 
Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.
 
 Declares that this Act does not supersede, dilute, or preclude any law or court decision compelling or not compelling disclosure by a covered person or communications service provider of information identifying a source who provided information without a confidentiality promise made as part of engaging in journalism or records, communication data, documents, or information obtained without a confidentiality promise.

action_date: 2007-10-22
text: 
Free Flow of Information Act of 2007 - (Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person to testify or produce any document relating to protected information unless a court makes specified determinations by a preponderance of the evidence, including that all reasonable alternative sources have been exhausted, that the testimony or document sought is essential, and that nondisclosure would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information.
 
Defines &quot;covered person&quot; as a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate. Excludes from the definition foreign powers and their agents and certain terrorist organizations and individuals.
 
Defines &quot;protected information&quot; as information or records a covered person obtained as part of engaging in journalism on a promise of confidentiality.
 
Requires the content of compelled testimony or documents to be limited and narrowly tailored. 
 
(Sec. 3) Exempts any information or item obtained as the result of the eyewitness observations of alleged criminal conduct or commitment of alleged criminal or tortious conduct by the covered person.
 
(Sec. 4) Exempts protected information that is reasonably necessary to stop, prevent, or mitigate a specific case of death, kidnapping, or substantial bodily harm.
 
(Sec. 5) Exempts any protected information that a federal court has found by a preponderance of the evidence would assist in preventing an act of terrorism, or other significant and articulable harm to national security that would outweigh the public interest in news gathering and maintaining a free flow of information to citizens.
 
(Sec. 6) Applies this Act to communications service providers with regard to: (1) a communication to which a covered person is a party; (2) any document relating to such a communication; or (3) the contents of such a communication. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.
 
 (Sec. 7) Declares that this Act does not supersede, dilute, or preclude any law or court decision compelling or not compelling disclosure by a covered person or communications service provider of information identifying a source who provided information without a confidentiality promise made as part of engaging in journalism or records, other information, or contents of a communication obtained without a confidentiality promise.


Legislative actions:
action_date: 2008-07-30
text: Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7721)
action_date: 2008-07-30
text: Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure (Record Vote Number 191) entered in Senate.
action_date: 2008-07-30
text: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 51 - 43. Record Vote Number: 191. (consideration: CR S7721; text: CR S7721)
action_date: 2008-07-30
text: Motion to proceed to measure considered in Senate. (consideration: CR S7710-7722, S7722-7759)
action_date: 2008-07-29
text: Motion to proceed to measure considered in Senate. (consideration: CR S7595-7619, S7704-7708)
action_date: 2008-07-28
text: Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7554)
action_date: 2008-07-28
text: Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S7554; text: CCR S7554)
action_date: 2008-07-28
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S7554)
action_date: 2007-10-22
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 434.
action_date: 2007-10-22
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2007-10-22
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2007-10-04
text: Committee on the Judiciary. Ordered to be reported with amendments favorably.
action_date: 2007-09-27
text: Committee on the Judiciary. Committee consideration and Mark Up Session held.
action_date: 2007-09-10
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2007-09-10
text: Sponsor introductory remarks on measure. (CR S11329-11330)
action_date: 2007-09-10
text: Introduced in Senate