[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2074 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2074

To maintain the free flow of information to the public by establishing 
appropriate limits on the federally compelled disclosure of information 
  obtained as part of engaging in journalism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2023

    Mr. Wyden (for himself, Mr. Lee, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To maintain the free flow of information to the public by establishing 
appropriate limits on the federally compelled disclosure of information 
  obtained as part of engaging in journalism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Reporters from Exploitative 
State Spying Act'' or the ``PRESS Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered journalist.--The term ``covered journalist'' 
        means a person who regularly gathers, prepares, collects, 
        photographs, records, writes, edits, reports, investigates, or 
        publishes news or information that concerns local, national, or 
        international events or other matters of public interest for 
        dissemination to the public.
            (2) Covered service provider.--
                    (A) In general.--The term ``covered service 
                provider'' means any person that, by an electronic 
                means, stores, processes, or transmits information in 
                order to provide a service to customers of the person.
                    (B) Inclusions.--The term ``covered service 
                provider'' includes--
                            (i) a telecommunications carrier and a 
                        provider of an information service (as such 
                        terms are defined in section 3 of the 
                        Communications Act of 1934 (47 U.S.C. 153));
                            (ii) a provider of an interactive computer 
                        service and an information content provider (as 
                        such terms are defined in section 230 of the 
                        Communications Act of 1934 (47 U.S.C. 230));
                            (iii) a provider of remote computing 
                        service (as defined in section 2711 of title 
                        18, United States Code); and
                            (iv) a provider of electronic communication 
                        service (as defined in section 2510 of title 
                        18, United States Code) to the public.
            (3) Document.--The term ``document'' means writings, 
        recordings, and photographs, as those terms are defined by 
        Federal Rule of Evidence 1001 (28 U.S.C. App.).
            (4) Federal entity.--The term ``Federal entity'' means an 
        entity or employee of the judicial or executive branch or an 
        administrative agency of the Federal Government with the power 
        to issue a subpoena or issue other compulsory process.
            (5) Journalism.--The term ``journalism'' means gathering, 
        preparing, collecting, photographing, recording, writing, 
        editing, reporting, investigating, or publishing news or 
        information that concerns local, national, or international 
        events or other matters of public interest for dissemination to 
        the public.
            (6) Personal account of a covered journalist.--The term 
        ``personal account of a covered journalist'' means an account 
        with a covered service provider used by a covered journalist 
        that is not provided, administered, or operated by the employer 
        of the covered journalist.
            (7) Personal technology device of a covered journalist.--
        The term ``personal technology device of a covered journalist'' 
        means a handheld communications device, laptop computer, 
        desktop computer, or other internet-connected device used by a 
        covered journalist that is not provided or administered by the 
        employer of the covered journalist.
            (8) Protected information.--The term ``protected 
        information'' means any information identifying a source who 
        provided information as part of engaging in journalism, and any 
        records, contents of a communication, documents, or information 
        that a covered journalist obtained or created as part of 
        engaging in journalism.
            (9) Specified offense against a minor.--The term 
        ``specified offense against a minor'' has the meaning given 
        that term in section 111(7) of the Adam Walsh Child Protection 
        and Safety Act of 2006 (34 U.S.C. 20911(7)).

SEC. 3. LIMITS ON COMPELLED DISCLOSURE FROM COVERED JOURNALISTS.

    In any matter arising under Federal law, a Federal entity may not 
compel a covered journalist to disclose protected information, unless a 
court in the judicial district in which the subpoena or other 
compulsory process is, or will be, issued determines by a preponderance 
of the evidence, after providing notice and an opportunity to be heard 
to the covered journalist, that--
            (1) disclosure of the protected information is necessary to 
        prevent, or to identify any perpetrator of, an act of terrorism 
        against the United States; or
            (2) disclosure of the protected information is necessary to 
        prevent a threat of imminent violence, significant bodily harm, 
        or death, including specified offenses against a minor.

SEC. 4. LIMITS ON COMPELLED DISCLOSURE FROM COVERED SERVICE PROVIDERS.

    (a) Conditions for Compelled Disclosure.--In any matter arising 
under Federal law, a Federal entity may not compel a covered service 
provider to provide testimony or any document consisting of any record, 
information, or other communications stored by a covered provider on 
behalf of a covered journalist, including testimony or any document 
relating to a personal account of a covered journalist or a personal 
technology device of a covered journalist, unless a court in the 
judicial district in which the subpoena or other compulsory process is, 
or will be, issued determines by a preponderance of the evidence that 
there is a reasonable threat of imminent violence unless the testimony 
or document is provided, and issues an order authorizing the Federal 
entity to compel the disclosure of the testimony or document.
    (b) Notice to Court.--A Federal entity seeking to compel the 
provision of testimony or any document described in subsection (a) 
shall inform the court that the testimony or document relates to a 
covered journalist.
    (c) Notice to Covered Journalist and Opportunity To Be Heard.--
            (1) In general.--A court may authorize a Federal entity to 
        compel the provision of testimony or a document under this 
        section only after the Federal entity seeking the testimony or 
        document provides the covered journalist on behalf of whom the 
        testimony or document is stored pursuant to subsection (a)--
                    (A) notice of the subpoena or other compulsory 
                request for such testimony or document from the covered 
                service provider not later than the time at which such 
                subpoena or request is issued to the covered service 
                provider; and
                    (B) an opportunity to be heard before the court 
                before the time at which the provision of the testimony 
                or document is compelled.
            (2) Exception to notice requirement.--
                    (A) In general.--Notice and an opportunity to be 
                heard under paragraph (1) may be delayed for not more 
                than 45 days if the court involved determines there is 
                clear and convincing evidence that such notice would 
                pose a clear and substantial threat to the integrity of 
                a criminal investigation, or would present an imminent 
                risk of death or serious bodily harm, including 
                specified offenses against a minor.
                    (B) Extensions.--The 45-day period described in 
                subparagraph (A) may be extended by the court for 
                additional periods of not more than 45 days if the 
                court involved makes a new and independent 
                determination that there is clear and convincing 
                evidence that providing notice to the covered 
                journalist would pose a clear and substantial threat to 
                the integrity of a criminal investigation, or would 
                present an imminent risk of death or serious bodily 
                harm, including specified offenses against a minor, 
                under current circumstances.

SEC. 5. LIMITATION ON CONTENT OF INFORMATION.

    The content of any testimony, document, or protected information 
that is compelled under sections 3 or 4 shall--
            (1) not be overbroad, unreasonable, or oppressive, and, as 
        appropriate, 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 so as to avoid compelling the production of 
        peripheral, nonessential, or speculative information.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to--
            (1) apply to civil defamation, slander, or libel claims or 
        defenses under State law, regardless of whether or not such 
        claims or defenses, respectively, are raised in a State or 
        Federal court; or
            (2) prevent the Federal Government from pursuing an 
        investigation of a covered journalist or organization that is--
                    (A) suspected of committing a crime;
                    (B) a witness to a crime unrelated to engaging in 
                journalism;
                    (C) suspected of being an agent of a foreign power, 
                as defined in section 101 of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801);
                    (D) an individual or organization designated under 
                Executive Order 13224 (50 U.S.C. 1701 note; relating to 
                blocking property and prohibiting transactions with 
                persons who commit, threaten to commit, or support 
                terrorism);
                    (E) a specially designated terrorist, as that term 
                is defined in section 595.311 of title 31, Code of 
                Federal Regulations (or any successor thereto); or
                    (F) a terrorist organization, as that term is 
                defined in section 212(a)(3)(B)(vi)(II) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B)(vi)(II)).
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