Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the federal government or a communications service provider from requiring a reporter to disclose writings, recordings, photographs, or the identity of a source, except under certain conditions.

Highlights:

• Defines a communications service provider as an entity "that transmits information of the customer's choosing by electronic means," including telecommunications carriers, interactive computer service providers, and information service providers (Sec. 4).

• Prohibits any federal entity or communications service provider from requiring a reporter to disclose information or testimony in a criminal investigation unless a court determines that the entity has exhausted other alternative sources and that reasonable grounds exist to believe a crime has been committed (Secs. 2[a] & Sec. 3[a]).

• Prohibits any federal entity or communications service provider from requiring a reporter to disclose the identity of a source unless all alternative sources have been exhausted and such identification is needed to (Secs. 2[a(3)] & Sec. 3[a]):
• Prevent a terror attack or other significant and specified harm to national security;
• Prevent death or bodily harm;
• Determine the identity of someone who has leaked a trade secret;
• Determine the identity of someone who has leaked individually identifiable health information or other nonpublic personal information; or
• Determine in a criminal investigation the identity of a person who has leaked classified information that will cause significant harm to national security.

• Requires that any information or testimony a reporter is required to disclose shall be limited to prevent the disclosure of nonessential information (Secs. 2[c] & Sec. 3[a]).

• States that a reporter's personal witnessing of an alleged crime and audio or visual recording of an alleged crime are not covered by these protections (Secs. 2[e] & Sec. 3[a]).

• Provides journalists the opportunity to appear before the court before writings, recordings, or photographs sought by a communications service provider are compelled to be disclosed (Sec. 3[b]).

Full Bill Text

Full Bill Text