H.R. 2102 · 110th Congress
Free Flow of Information Act of 2007
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71 cosponsors · 45 D, 26 R
5 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
- House Introduced May 2, 2007
- House Passed Oct 16, 2007 398–21
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 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…
What it does: CRS summary · Passed House amended · Oct 16, 2007
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 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.
(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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
Votes to become law
About this bill and sources
Official title: Free Flow of Information Act of 2007
Latest action (Oct 18, 2007): Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 428.
Policy area: Law · Origin: House · Introduced: May 2, 2007
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML) · Embed in your story
- House Introduced May 2, 2007
- House Passed Oct 16, 2007 398–21
Final vote · House · Oct 16, 2007
Passage — Passed. Vote details
Speaker of the House: Nancy Pelosi
Table of every position
All recorded votes (2)
- Passage Passed
House · Oct 16, 2007 · “On Passage” · Speaker: Nancy Pelosi - Sending back to committee (motion to recommit) Passed
House · Oct 16, 2007 · “On Motion to Recommit with Instructions” · Speaker: Nancy Pelosi