3.0.0 2035 2023-01-11T20:28:00Z 2023-01-11T20:28:00Z Senate S S 2007-09-10 110 ssju00 Judiciary Committee Senate Standing Reported by 2007-10-22T18:31:08Z Markup by 2007-10-04T15:23:12Z Referred to 2007-09-10T16:17:44Z Free Flow of Information Act of 2007 110 2102 HR 2007-10-18 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 428. Companion bill Senate Related bill House 2008-07-30 Senate Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7721) Floor 2008-07-30 Senate Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure (Record Vote Number 191) entered in Senate. Floor 2008-07-30 Senate Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 51 - 43. Record Vote Number: 191. (consideration: CR S7721; text: CR S7721) Floor 191 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1102/vote_110_2_00191.xml Senate 110 2008-07-30T15:23:46Z 2 2008-07-30 Senate Motion to proceed to measure considered in Senate. (consideration: CR S7710-7722, S7722-7759) Floor 2008-07-29 Senate Motion to proceed to measure considered in Senate. (consideration: CR S7595-7619, S7704-7708) Floor 2008-07-28 Senate Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7554) Floor 2008-07-28 Senate Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S7554; text: CCR S7554) Floor 2008-07-28 Senate Motion to proceed to consideration of measure made in Senate. (consideration: CR S7554) Floor 2007-10-22 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 434. Calendars 2007-10-22 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report. Committee 2007-10-22 Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2007-10-04 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with amendments favorably. Committee 2007-09-27 ssju00 Judiciary Committee Senate Committee on the Judiciary. Committee consideration and Mark Up Session held. Committee 2007-09-10 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2007-09-10 Sponsor introductory remarks on measure. (CR S11329-11330) IntroReferral B00100 9 Library of Congress 2007-09-10 Introduced in Senate IntroReferral 10000 9 Library of Congress S000709 Sen. Specter, Arlen [R-PA] ARLEN SPECTER R PA N L000504 Sen. Lugar, Richard G. [R-IN] RICHARD LUGAR R IN GREEN 2007-09-10 True S000148 Sen. Schumer, Charles E. [D-NY] Charles Schumer D NY E. 2007-09-10 True G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC 2007-09-25 False D000388 Sen. Dodd, Christopher J. [D-CT] CHRISTOPHER DODD D CT JOHN 2007-09-26 False L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2007-10-17 False J000177 Sen. Johnson, Tim [D-SD] TIM JOHNSON D SD 2007-11-06 False B000711 Sen. Boxer, Barbara [D-CA] BARBARA BOXER D CA 2008-04-01 False K000367 Sen. Klobuchar, Amy [D-MN] Amy Klobuchar D MN 2008-04-07 False S001163 Sen. Salazar, Ken [D-CO] Ken Salazar D CO 2008-04-10 False O000167 Sen. Obama, Barack [D-IL] Barack Obama D IL 2008-04-14 False C001041 Sen. Clinton, Hillary Rodham [D-NY] HILLARY CLINTON D NY R 2008-04-14 False D000601 Sen. Dole, Elizabeth [R-NC] Elizabeth Dole R NC H. 2008-04-15 False M001111 Sen. Murray, Patty [D-WA] Patty Murray D WA 2008-04-17 False L000550 Sen. Landrieu, Mary L. [D-LA] MARY LANDRIEU D LA 2008-05-06 False W000803 Sen. Webb, Jim [D-VA] James Webb D VA H. "Jim" 2008-06-06 False T000464 Sen. Tester, Jon [D-MT] Jon Tester D MT 2008-06-17 False L000304 Sen. Lieberman, Joseph I. [ID-CT] JOSEPH LIEBERMAN ID CT I. 2008-07-14 False D000563 Sen. Durbin, Richard J. [D-IL] Richard Durbin D IL J. 2008-07-17 False B000243 Sen. Baucus, Max [D-MT] MAX BAUCUS D MT SIEBEN 2008-07-23 False L000123 Sen. Lautenberg, Frank R. [D-NJ] FRANK LAUTENBERG D NJ R. 2008-07-23 False 2007-10-17T04:00:00Z S. 2035, Free Flow of Information Act of 2007 http://www.cbo.gov/publication/19246 <p>Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on October 4, 2007</p> 2007-10-17T04:00:00Z S. 2035, Free Flow of Information Act of 2007 https://www.cbo.gov/publication/19246 Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on October 4, 2007 Law 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 Internet Journalism Journalistic ethics Press Prosecution Reporters and reporting Science, Technology, Communications Subpoena Terrorism Witnesses Law 00 2007-09-10 Introduced in Senate 2007-11-20T17:50:21Z Free Flow of Information Act of 2007 - Prohibits a federal entity from compelling a covered person (journalists and their employers, etc.) 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 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.

Requires the content of compelled testimony or documents to be limited and narrowly tailored.

Creates exceptions relating to criminal or tortious conduct, prevention of death, kidnapping, or substantial bodily injury, prevention of terrorist activity, or prevention of national security harm.

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.

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, communication data, documents, or information obtained without a confidentiality promise.

]]> 01 2007-10-22 Reported to Senate with amendment(s) 2007-11-20T17:51:03Z 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.

]]> Free Flow of Information Act of 2007 Official Title as Introduced A bill to 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. Introduced in Senate IS Display Title Free Flow of Information Act of 2007 Short Titles as Introduced Free Flow of Information Act of 2007 Short Titles as Reported to Senate Free Flow of Information Act of 2007 S Senate Reported to Senate 2007-10-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s2035rs/xml/BILLS-110s2035rs.xml Introduced in Senate 2007-09-10T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s2035is/xml/BILLS-110s2035is.xml 2008-07-30 Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S7721) text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.