,,ii  #aahth ,,congress  #ast ,session  
,s4 #bjgd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #ba1     
#bjbc,mr4 ,wyden 7for himself1 ,mr4     
,lee1 and ,mr4 ,durbin7 introduced the  
following bill2 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 journalism1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,protect ,reporters from        
,exploitative ,state ,spying ,act or the
 ,,press ,act4  #b4 ,definitions ,in    
this ,act3 7#a7 ,covered journalist ,the
 term covered journalist means a person 
who regularly gathers1 prepares1        
collects1 photographs1 records1 writes1 
edits1 reports1 investigates1 or        
publishes news or information that      
concerns local1 national1 or            
international events or other matters of

 public interest for dissemination to   
the public4  7#b7 ,covered service      
provider  7,a7 ,in general ,the term    
covered service provider means any      
person that1 by an electronic means1    
stores1 processes1 or transmits         
information in order to provide a       
service to customers of the person4     
7,b7 ,inclusions ,the term covered      
service provider includes-- 7i7 a       
telecommunications carrier and a        
provider of an information service 7as  
such terms are defined in section #c of 
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #aec772  7ii7 a provider of an
 interactive computer service and an    
information content provider 7as such   
terms are defined in section #bcj of the
 ,communications ,act of #aicd 7#dg     
,u4,s4,c4 #bcj772  7iii7 a provider of  
remote computing service 7as defined in 
section #bgaa of title #ah1 ,united     
,states ,code72 and  7iv7 a provider of 
electronic communication service 7as    
defined in section #beaj of title #ah1  

,united ,states ,code7 to the public4   
7#c7 ,document ,the term document means 
writings1 recordings1 and photographs1  
as those terms are defined by ,federal  
,rule of ,evidence #ajja 7#bh ,u4,s4,c4 
,app474  7#d7 ,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 process4  7#e7 ,journalism   
,the term journalism means gathering1   
preparing1 collecting1 photographing1   
recording1 writing1 editing1 reporting1 
investigating1 or publishing news or    
information that concerns local1        
national1 or international events or    
other matters of public interest for    
dissemination to the public4  7#f7      
,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        

provided1 administered1 or operated by  
the employer of the covered journalist4 
7#g7 ,personal technology device of a   
covered journalist ,the term personal   
technology device of a covered          
journalist means a handheld             
communications device1 laptop computer1 
desktop computer1 or other              
internet-connected device used by a     
covered journalist that is not provided 
or administered by the employer of the  
covered journalist4  7#h7 ,protected    
information ,the term protected         
information means any information       
identifying a source who provided       
information as part of engaging in      
journalism1 and any records1 contents of
 a communication1 documents1 or         
information that a covered journalist   
obtained or created as part of engaging 
in journalism4  7#i7 ,specified offense 
against a minor ,the term specified     
offense against a minor has the meaning 
given that term in section #aaa7g7 of   
the ,adam ,walsh ,child ,protection and 

,safety ,act of #bjjf 7#cd ,u4,s4,c4    
#bjiaa7g774  #c4 ,limits on compelled   
disclosure from covered journalists ,in 
any matter arising under ,federal law1 a
 ,federal entity may not compel a       
covered journalist to disclose protected
 information1 unless a court in the     
judicial district in which the subpoena 
or other compulsory process is1 or will 
be1 issued determines by a preponderance
 of the evidence1 after providing notice
 and an opportunity to be heard to the  
covered journalist1 that-- 7#a7         
disclosure of the protected information 
is necessary to prevent1 or to identify 
any perpetrator of1 an act of terrorism 
against the ,united ,states2 or  7#b7   
disclosure of the protected information 
is necessary to prevent a threat of     
imminent violence1 significant bodily   
harm1 or death1 including specified     
offenses against a minor4  #d4 ,limits  
on compelled disclosure from covered    
service providers  7a7 ,conditions for  
compelled disclosure ,in any matter     

arising under ,federal law1 a ,federal  
entity may not compel a covered service 
provider to provide testimony or any    
document consisting of any record1      
information1 or other communications    
stored by a covered provider on behalf  
of a covered journalist1 including      
testimony or any document relating to a 
personal account of a covered journalist
 or a personal technology device of a   
covered journalist1 unless a court in   
the judicial district in which the      
subpoena or other compulsory process is1
 or will be1 issued determines by a     
preponderance of the evidence that there
 is a reasonable threat of imminent     
violence unless the testimony or        
document is provided1 and issues an     
order authorizing the ,federal entity to
 compel the disclosure of the testimony 
or document4  7b7 ,notice to court ,a   
,federal entity seeking to compel the   
provision of testimony or any document  
described in subsection 7a7 shall inform
 the court that the testimony or        

document relates to a covered           
journalist4  7c7 ,notice to covered     
journalist and opportunity ,to be heard 
7#a7 ,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 on behalf of whom the        
testimony or document is stored pursuant
 to subsection 7a7-- 7,a7 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
 provider2 and  7,b7 an opportunity to  
be heard before the court before the    
time at which the provision of the      
testimony or document is compelled4     
7#b7 ,exception to notice requirement   
7,a7 ,in general ,notice and an         
opportunity to be heard under paragraph 
7#a7 may be delayed for not more than   

#de 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 investigation1  
or would present an imminent risk of    
death or serious bodily harm1 including 
specified offenses against a minor4     
7,b7 ,extensions ,the #de-;day period   
described in subparagraph 7,a7 may be   
extended by the court for additional    
periods of not more than #de 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 investigation1 or would       
present an imminent risk of death or    
serious bodily harm1 including specified
 offenses against a minor1 under current
 circumstances4  #e4 ,limitation on     
content of information ,the content of  
any testimony1 document1 or protected   

information that is compelled under     
sections #c or #d shall-- 7#a7 not be   
overbroad1 unreasonable1 or oppressive1 
and1 as appropriate1 be limited to the  
purpose of verifying published          
information or describing any           
surrounding circumstances relevant to   
the accuracy of such published          
information2 and  7#b7 be narrowly      
tailored in subject matter and period of
 time covered so as to avoid compelling 
the production of peripheral1           
nonessential1 or speculative            
information4  #f4 ,rule of construction 
,nothing in this ,act shall be construed
 to-- 7#a7 apply to civil defamation1   
slander1 or libel claims or defenses    
under ,state law1 regardless of whether 
or not such claims or defenses1         
respectively1 are raised in a ,state or 
,federal court2 or  7#b7 prevent the    
,federal ,government from pursuing an   
investigation of a covered journalist or
 organization that is-- 7,a7 suspected  
of committing a crime2  7,b7 a witness  

to a crime unrelated to engaging in     
journalism2  7,c7 suspected of being an 
agent of a foreign power1 as defined in 
section #aja of the ,foreign            
,intelligence ,surveillance ,act of     
#aigh 7#ej ,u4,s4,c4 #ahja72  7,d7 an   
individual or organization designated   
under ,executive ,order #acbbd 7#ej     
,u4,s4,c4 #agja note2 relating to       
blocking property and prohibiting       
transactions with persons who commit1   
threaten to commit1 or support          
terrorism72  7,e7 a specially designated
 terrorist1 as that term is defined in  
section #eie4caa of title #ca1 ,code of 
,federal ,regulations 7or any successor 
thereto72 or  7,f7 a terrorist          
organization1 as that term is defined in
 section #bab7;a77#c77;,b77vi77,,ii7 of 
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4                           
#aahb7;a77#c77;,b77vi77,,ii774