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HR 985 111th Congress House Law Art, artists, authorship Business records Criminal investigation, prosecution, interrogation Evidence and witnesses First Amendment rights Health information and medical records Internet and video services Internet, web applications, social media News media and reporting Right of privacy Terrorism Trade secrets and economic espionage

Free Flow of Information Act of 2009

Introduced: February 11, 2009 See on congress.gov
 Everywhere this bill has been 14 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 1, 2009
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Mar 31, 2009
Motion to reconsider laid on the table Agreed to without objection.
Mar 31, 2009
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4204-4205)
Mar 31, 2009
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H4204-4205)
Mar 31, 2009
DEBATE - The House proceeded with forty minutes of debate on H.R. 985.
Mar 31, 2009
Considered under suspension of the rules. (consideration: CR H4204-4209)
Mar 31, 2009
Mr. Conyers moved to suspend the rules and pass the bill.
Mar 30, 2009
Placed on the Union Calendar, Calendar No. 26.
Mar 30, 2009
Reported by the Committee on Judiciary. H. Rept. 111-61.
Mar 25, 2009
Ordered to be Reported by Voice Vote.
Mar 25, 2009
Committee Consideration and Mark-up Session Held.
Feb 11, 2009
Referred to the House Committee on the Judiciary.
Feb 11, 2009
Sponsor introductory remarks on measure. (CR E242-243)
Feb 11, 2009
Introduced in House
 Plain-English summary Congressional Research Service

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Free Flow of Information Act of 2009 - 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 related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) 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 this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law.

Exempts certain criminal or tortious conduct.

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.


What's happening now April 1, 2009

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

 Committees of jurisdiction 2