S.2035: Free Flow of Information Act of 2007 - U.S. Congress

Official Summary

10/22/2007--Reported to Senate amended. 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 protect

Official Summary

10/22/2007--Reported to Senate amended. 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 "covered person" 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 "protected information" 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.

...Read the Rest

Users tracking S.2035 (2) are also tracking:

Bills	People
H.R.5353 Internet Freedom Pres... 2 S.215 Internet Freedom Pres... 2 H.R.5842 Medical Marijuana Pat... 1 H.R.1818 Broadband Deployment ... 1 H.R.275 Global Online Freedom... 1	Rep. Maloney [D-NY] 1 Grayson [D-] 1 Sen. Schumer [D-NY] 1

Users supporting S.2035 (2) are also:

Supporting Bill
H.R.4972 H.R.4972 1 H.Res.211 H.Res.211 1 H.R.2102 Free Flow of Informat... 1 H.R.878 Nuclear Family Priori... 1

Opposing Bill
S.3480 Protecting Cyberspace... 1 H.R.3200 America's Affordable ... 1 H.R.308 Large Capacity Ammuni... 1 H.R.45 Blair Holt's Firearm ... 1 S.510 FDA Food Safety Moder... 1

U.S. Congress - S.2035 Free Flow of Information Act of 2007

Advanced Search Options

S.2035 - Free Flow of Information Act of 2007

All Bill Titles

Bill's Views

Sponsor

Committees

Related Issue Areas

Latest Vote

Roll call number 191 in the Senate

Democrats Voting 'Aye'

Republicans Voting 'Aye'

Others Voting 'Aye'

Democrats Voting 'Abstain'

Republicans Voting 'Abstain'

Others Voting 'Abstain'

Official Summary

Official Summary

(Sec. 2)

(Sec. 3)

(Sec. 4)

(Sec. 5)

(Sec. 6)

(Sec. 7)

Recent News Coverage

DOJ settles Hatfill suit over anthrax investigation

Shield Law Stalls in Senate

Senators, stand up for a free press

Recent Blog Coverage

S. 2035

The WOD Blog: News from SPJ National

Society of Professional Journalists: SPJ News

Users tracking S.2035 (2) are also tracking:

Users supporting S.2035 (2) are also:

Related Bills

Vote on This Bill

100% Users Support Bill

Send Your Senator a Letter

Subscribe To This Bill

Share This Bill

Share

Recent OC Blog Articles

Find Your Way: