H.R. 2102 (110th): Free Flow of Information Act of 2007

Introduced:
May 02, 2007 (110th Congress, 2007–2009)
Sponsor:
Rep. Frederick “Rick” Boucher [D-VA9]
Status:
Died (Passed House)
See Instead:
This bill was re-introduced as H.R. 985 (111th) on Feb 11, 2009.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on October 16, 2007 but was never passed by the Senate.

Progress
Introduced May 02, 2007
Reported by Committee Aug 01, 2007
Passed House Oct 16, 2007
Votes

On Motion to Recommit with Instructions: H R 2102 Free Flow of Information Act of 2007
Oct 16, 2007 5:27 p.m.
Passed 388/33

House Vote on Passage
Oct 16, 2007 5:36 p.m.
Passed 398/21

Cosponsors
71 cosponsors (45D, 26R) (show)
Committees

House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

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.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Oct 18, 2007.
12 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/16/2007.
Section 2 -
Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document unless a court makes specified determinations by a preponderance of the 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. Defines "covered person" as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals. Requires 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.
Section 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.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)