Teacher:In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Teacher: Now, understand the problem? Solve this instance: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Free Flow of Information Act of
2005''.

SEC. 2. CONDITIONS FOR COMPELLED DISCLOSURE.

(a) Conditions for Compelled Disclosure.--No Federal entity may
compel a covered person to testify or produce any document in any
proceeding or in connection with any issue arising under Federal law
unless a court determines by clear and convincing evidence, after
providing notice and an opportunity to be heard to the covered person--
(1) that the entity has unsuccessfully attempted to obtain
such testimony or document from all persons from which such
testimony or document could reasonably be obtained other than a
covered person; and
(2) that--
(A) in a criminal investigation or prosecution,
based on information obtained from a person other than
a covered person--
(i) there are reasonable grounds to believe
that a crime has occurred; and
(ii) the testimony or document sought is
essential to the investigation, prosecution, or
defense; or
(B) in a matter other than a criminal investigation
or prosecution, based on information obtained from a
person other than a covered person, the testimony or
document sought is essential to a dispositive issue of
substantial importance to that matter.
(b) Limitations on Content of Information.--The content of any
testimony or document that is compelled under subsection (a) shall, to
the extent possible--
(1) be limited to the purpose of verifying published
information or describing any surrounding circumstances
relevant to the accuracy of such published information; and
(2) be narrowly tailored in subject matter and period of
time covered.

SEC. 3. COMMERCIAL OR FINANCIAL INFORMATION.

The provisions of section 2 do not apply to a request by a Federal
entity for any testimony or document that consists of only commercial
or financial information unrelated to newsgathering or news and
information dissemination by a covered person.

SEC. 4. COMPELLED DISCLOSURE PROHIBITED.

Notwithstanding any provision of section 2, in any proceeding or
in connection with any issue arising under Federal law, no Federal
entity may compel a covered person to disclose--
(1) the identity of a source of information--
(A) from whom the covered person obtained
information; and
(B) who the covered person believes to be a
confidential source; or
(2) any information that could reasonably be expected to
lead to the discovery of the identity of such a source.

SEC. 5. COMPELLED DISCLOSURE FROM THIRD PARTIES.

(a) Conditions for Compelled Disclosure.--The provisions of
sections 2, 3, and 4 shall apply to any testimony or document that a
Federal entity seeks from a third party if such testimony or document
consists of any record, information, or other communication that
relates to a business transaction between such third party and a
covered person. Such record, information, or other communication
includes any telephone record or other record held by a
telecommunications service provider, Internet service provider, or
operator of an interactive computer service for a business purpose.
(b) Notice and Opportunity Provided to Covered Persons.--A court
may compel the testimony or disclosure of a document under this section
only after the party seeking such a document provides the covered
person who is a party to the business transaction described in
subsection (a)--
(1) notice of the subpoena or other compulsory request for
such testimony or disclosure from the third party not later
than the time at which such subpoena or request is issued to
the third party; and
(2) an opportunity to be heard before the court before the
time at which the testimony or disclosure is compelled.
(c) Exception to Notice Requirement.--Notice under subsection
(b)(1) may be delayed only if the court determines by clear and
convincing evidence that such notice would pose a substantial threat to
the integrity of a criminal investigation.

SEC. 6. ACTIVITIES NOT CONSTITUTING A WAIVER.

The publication or dissemination of any testimony or document (or
portion of such testimony or document) sought under section 2 shall not
waive the requirements of such section. The publication or
dissemination of any testimony or document (or portion of such
testimony or document), identity, or information described in section 4
shall not waive the prohibition described in such section.

SEC. 7. DEFINITIONS.

In this Act:
(1) The term ''covered person'' means--
(A) an entity that disseminates information by
print, broadcast, cable, satellite, mechanical,
photographic, electronic, or other means and that--
(i) publishes a newspaper, book, magazine,
or other periodical;
(ii) operates a radio or television
broadcast station (or network of such
stations), cable system, or satellite carrier,
or a channel or programming service for any
such station, network, system, or carrier; or
(iii) operates a news agency or wire
service;
(B) a parent, subsidiary, or affiliate of such an
entity; or
(C) an employee, contractor, or other person who
gathers, edits, photographs, records, prepares, or
disseminates news or information for such an entity.
(2) The term ''document'' means writings, recordings, and
photographs, as those terms are defined by Federal Rule of
Evidence 1001 (28 U.S.C. App.).
(3) The term ''Federal entity'' means an entity or employee
of the judicial, legislative, or executive branch of the
Federal Government with the power to issue a subpoena or
provide other compulsory process.
(4) The term ''third party'' means a person other than a
covered person.
Student:
Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance.

Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered.

Excludes certain commercial or financial information from coverage under this Act.

Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity.

Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard.

States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act.