Free Flow of Information Act of 2007

Bill: 110-hr-2102
Sponsor: Rep. Boucher, Rick [D-VA-9]
Introduced: 2007-05-02 in the House
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
Journalism
Journalistic ethics
Newspapers
Periodicals
Press
Prosecution
Radio stations
Science, Technology, Communications
Subpoena
Television stations
Witnesses

Summary:
action_date: 2007-05-02
text: 
Free Flow of Information Act of 2007 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person (a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate) to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence.
 
Requires the content of compelled testimony or documents to be limited and narrowly tailored. 
 
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.

action_date: 2007-10-16
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 of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence, including determinations: (1) relating to exhaustion of alternative sources, (2) that the testimony or document sought is critical; (3) that disclosure of the information source's identity is necessary; and (4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Allows a court, in making the last of those determinations, to consider the extent of any harm to national security.
 
Defines &quot;covered person&quot; as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals.
 
Requires the content of compelled testimony or documents to be limited and narrowly tailored.
 
Prohibits construing this Act as applying to civil defamation, slander, or libel claims or defenses under state law.
 
Exempts certain criminal or tortious conduct.
 
(Sec. 3) 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.


Legislative actions:
action_date: 2007-10-18
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 428.
action_date: 2007-10-17
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2007-10-16
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2007-10-16
text: On passage Passed by recorded vote: 398 - 21 (Roll no. 973).
action_date: 2007-10-16
text: Passed/agreed to in House: On passage Passed by recorded vote: 398 - 21 (Roll no. 973).
action_date: 2007-10-16
text: On motion to recommit with instructions Agreed to by the Yeas and Nays: 388 - 33 (Roll no. 972). (text: CR H11601)
action_date: 2007-10-16
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H11601-11602; text: CR H11601)
action_date: 2007-10-16
text: DEBATE - The House proceeded with 10 minutes of debate on the Smith (TX) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment regarding authority to consider national security interest.
action_date: 2007-10-16
text: Mr. Smith (TX) moved to recommit with instructions to Judiciary.
action_date: 2007-10-16
text: The previous question was ordered pursuant to the rule. (consideration: CR H11601)
action_date: 2007-10-16
text: DEBATE - Pursuant to the provisions of H.Res. 742, the House proceeded with 10 minutes of debate on the Boucher amendment.
action_date: 2007-10-16
text: DEBATE - The House proceeded with one hour of debate on H.R. 2102.
action_date: 2007-10-16
text: Rule provides for consideration of H.R. 2102 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
action_date: 2007-10-16
text: Considered under the provisions of rule H. Res. 742. (consideration: CR H11587-11603; text of measure as introduced: CR H11587-11588; text of measure as reported in House: CR H11588-11589)
action_date: 2007-10-16
text: Rule H. Res. 742 passed House.
action_date: 2007-10-15
text: Rules Committee Resolution H. Res. 742 Reported to House. Rule provides for consideration of H.R. 2102 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
action_date: 2007-10-10
text: Placed on the Union Calendar, Calendar No. 229.
action_date: 2007-10-10
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-370.
action_date: 2007-10-10
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 110-370.
action_date: 2007-08-01
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2007-08-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2007-06-14
text: Committee Hearings Held.
action_date: 2007-05-02
text: Referred to the House Committee on the Judiciary.
action_date: 2007-05-02
text: Introduced in House
action_date: 2007-05-02
text: Introduced in House