[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2457 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2457
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
July 22, 2021
Mr. Wyden 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 Excessive
State Suppression Act'' or the ``PRESS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered journalist.--The term ``covered journalist''
means a person who gathers, prepares, collects, photographs,
records, writes, edits, reports, 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, 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.
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.
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 communication that relates to a business
transaction between the covered service provider and 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 who is a party to the
business transaction described in 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.
(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 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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