Free Flow of Information Act of 2009

Bill: 111-hr-985
Sponsor: Rep. Boucher, Rick [D-VA-9]
Introduced: 2009-02-11 in the House
Policy area: Law
Subjects: Art, artists, authorship
Business records
Criminal investigation, prosecution, interrogation
Evidence and witnesses
First Amendment rights
Health information and medical records
Internet and video services
Internet, web applications, social media
News media and reporting
Right of privacy
Terrorism
Trade secrets and economic espionage

Summary:
action_date: 2009-02-11
text: 
Free Flow of Information Act of 2009 - 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 related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) 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 this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law.
 
Exempts certain criminal or tortious conduct.
 
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: 2009-02-11
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Free Flow of Information Act of 2009 - 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 related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) 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 this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law.
 
Exempts certain criminal or tortious conduct.
 
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: 2009-02-11
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Free Flow of Information Act of 2009 - 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 related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) 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 this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law.
 
Exempts certain criminal or tortious conduct.
 
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: 2009-04-01
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2009-03-31
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-03-31
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4204-4205)
action_date: 2009-03-31
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H4204-4205)
action_date: 2009-03-31
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 985.
action_date: 2009-03-31
text: Considered under suspension of the rules. (consideration: CR H4204-4209)
action_date: 2009-03-31
text: Mr. Conyers moved to suspend the rules and pass the bill.
action_date: 2009-03-30
text: Placed on the Union Calendar, Calendar No. 26.
action_date: 2009-03-30
text: Reported by the Committee on Judiciary. H. Rept. 111-61.
action_date: 2009-03-30
text: Reported by the Committee on Judiciary. H. Rept. 111-61.
action_date: 2009-03-25
text: Ordered to be Reported by Voice Vote.
action_date: 2009-03-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-02-11
text: Referred to the House Committee on the Judiciary.
action_date: 2009-02-11
text: Sponsor introductory remarks on measure. (CR E242-243)
action_date: 2009-02-11
text: Introduced in House
action_date: 2009-02-11
text: Introduced in House