New legislation introduced in the United States aims to protect journalists’ data from government surveillance. The bipartisan House and Senate groups have reintroduced the PRESS Act (Protect Reporters from Exploitive State Spying) to establish limitations on the government’s ability to compel data disclosures that could reveal journalists’ sources. The Senate bill expands the scope of disclosure exemptions and standards to encompass email, phone records, and other information held by third parties.
Under the PRESS Act, it would be mandatory for the federal government to provide journalists with an opportunity to respond to data requests. However, courts would still have the authority to demand disclosure if it is deemed necessary to prevent terrorism, identify terrorists, or avert serious “imminent” violence. Senator Richard Durbin, Senator Mike Lee, and Senator Ron Wyden are responsible for the Senate bill, while Representatives Kevin Kiley and Jamie Raskin have introduced the House equivalent.
Advocates of the bill argue that it is crucial in safeguarding the press freedoms granted by the First Amendment. According to Senator Wyden, anonymous source leaks play a vital role in holding the government accountable. He further explains that such surveillance can discourage reporters and sources who fear reprisals. Senator Lee emphasizes that the Act will also protect the public’s “right to access information” and facilitate their participation in a representative democracy.
The senators highlight instances from both Democratic and Republican administrations where law enforcement agencies obtained data through subpoenas in an attempt to uncover sources. Notably, during the Trump administration, the Justice Department seized call records and email logs from prominent media outlets like CNN and The New York Times following an April 2017 report on former FBI director James Comey’s handling of investigations during the 2016 presidential election.
While journalist shield laws are in place in 48 states and the District of Columbia, there is currently no federal law addressing this issue. This gap allows the Justice Department and other government entities to covertly access data from telecommunications companies and other providers. The PRESS Act aims to fill this void and reduce the likelihood of abuse.
Although there is no guarantee that the PRESS Act will be enacted into law and reach President Biden’s desk, proponents from both sides of Congress believe that bipartisan support will increase its chances. According to Senator Wyden’s office, the House version of the bill passed unanimously in the previous session of Congress.
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Frequently Asked Questions (FAQs) about journalist data protection
What is the purpose of the PRESS Act?
The PRESS Act aims to protect journalists’ data from government surveillance, ensuring press freedoms and minimizing the potential for abuse.
What does the PRESS Act entail?
The PRESS Act includes provisions that limit the government’s ability to compel data disclosures that could identify journalists’ sources. It extends disclosure exemptions and standards to cover email, phone records, and other information held by third parties.
Are there any exceptions to the disclosure limitations?
Yes, there are exceptions. Disclosure can still be demanded if it is necessary to prevent terrorism, identify terrorists, or prevent serious “imminent” violence.
Who introduced the PRESS Act?
The Senate bill was introduced by Senators Richard Durbin, Mike Lee, and Ron Wyden. Representatives Kevin Kiley and Jamie Raskin introduced the House equivalent.
Why is the PRESS Act important?
The sponsors of the bill argue that it is vital for protecting First Amendment press freedoms. It helps maintain the government’s accountability, encourages anonymous source leaks, and prevents surveillance from deterring reporters and sources.
Are there existing laws protecting journalists’ data?
While journalist shield laws exist in 48 states and the District of Columbia, there is currently no federal law addressing this issue. This loophole allows government bodies to access data from telecoms and other providers.
What are the chances of the PRESS Act becoming law?
There is no guarantee, but the bipartisan support for the bill increases its chances of becoming law. The House version of the bill previously passed unanimously in the previous session of Congress, indicating strong support.
How does the PRESS Act contribute to government transparency?
By safeguarding journalists’ data, the PRESS Act helps maintain transparency by ensuring that law enforcement agencies cannot covertly access sensitive information without proper justification.
More about journalist data protection
- PRESS Act (Protect Reporters from Exploitive State Spying)
- First Amendment
- Journalist Shield Laws
- Richard Durbin
- Mike Lee
- Ron Wyden
- Kevin Kiley
- Jamie Raskin
4 comments
Wow, I didn’t realize there was no federal law protectin journalists’ data. That’s a huge loophole that needs fixin. PRESS Act is a step in the right direction!
Finally! they’re bringin in the PRESS act to safeguard journalists’ data. it’s about time we had a federal law to protect them from the gov. #JournalismMatters
Do you think this PRESS Act will really stop govt surveillance? They always find a way to snoop around. Journalists need all the protection they can get tho!
It’s great to see both parties supportin this bill. We need bipartisan unity to protect press freedom and keep the govt in check. Let’s hope it becomes law!