H.R. 2102, The Free Flow of Information Act of 2007

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Comparing revision saved on October 16, 2007, 18:18:24 (webmaster), with revision saved on October 30, 2007, 19:02:58 (webmaster):

H.R. 2102 would maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media.

== Detailed Summary ==

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)agency of the federal government), in any matter arising under federal law, 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.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.

RequiresDefines &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 contentpublic for a substantial portion of compelled testimonythe person's livelihood or documents to be limitedsubstantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and narrowly tailored. Exempts certain commercial or financial information. terrorist organizations and individuals.

AppliesRequires 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.

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== Status of the Legislation ==

Latest Major Action: 10/15/2007: 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 of10/18/2007: Read the bill are waived except those arisingsecond time. Placed on Senate Legislative Calendar 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.General Orders. Calendar No. 428.

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== Points in Favor ==

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== Points Against ==

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Mark Grannis

September 28, 2007, 9:24am (report abuse)

This bill is an affront to our system of justice. I have commented on it more extensively at the following links:




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