News gatherers in the US may soon have greater protection against government surveillance of their data. Bipartisan House and Senate groups have reintroduced legislation called the PRESS Act (Protect Reporters from Exploitive State Spying) that aims to limit the government’s ability to compel data disclosures that could identify journalists’ sources. This legislation would extend disclosure exemptions and standards to cover email, phone records, and other information held by third parties.
Under the PRESS Act, the federal government would be required to give journalists an opportunity to respond to data requests. However, disclosure could still be demanded by courts in cases where it is necessary to prevent terrorism, identify terrorists, or prevent serious “imminent” violence. The Senate bill was introduced by Richard Durbin, Mike Lee, and Ron Wyden, while the House equivalent was introduced by representatives Kevin Kiley and Jamie Raskin.
The sponsors of the bill argue that it is vital for protecting First Amendment press freedoms. Anonymous source leaks play a crucial role in holding the government accountable, according to Wyden. He also highlights how surveillance like this can discourage reporters and sources who fear retaliation. Lee emphasizes that the Act will also preserve the public’s “right to access information” and enable them to participate in a representative democracy.
The senators point to instances from both Democratic and Republican administrations where law enforcement subpoenaed data to uncover sources. One notable example is the Justice Department under Trump, which is known to have seized call records and email logs from major media outlets like CNN and The New York Times following a 2017 report on former FBI director James Comey’s handling of investigations during the 2016 presidential election.
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While journalist shield laws already exist in 48 states and the District of Columbia, there is currently no federal law in place. This loophole allows the Justice Department and other government bodies to quietly obtain data from telecoms and other service providers. The PRESS Act aims to fill this gap and reduce the chances of such abuse.
However, there is no guarantee that the PRESS Act will reach President Biden’s desk and become law. Nevertheless, both Congress camps are hopeful that bipartisan support will aid its passage. The House version of the bill passed “unanimously” in the previous session of Congress, according to Wyden’s office.
It is important to note that the legislation’s success could have a significant impact on press freedom and the public’s access to information. If passed, the PRESS Act would provide journalists with much-needed safeguards against intrusive government surveillance and protect the anonymity of their sources. This, in turn, would enhance the ability of journalists to confidently report on critical issues without fear of reprisal.
With the rise of digital communication and the increasing reliance on technology for news gathering, it is crucial to establish robust legal protections for journalists and their sources. Such safeguards are essential for maintaining a free and independent press, which serves as a cornerstone of democracy. By prioritizing the right to press freedom and ensuring the public’s access to information, the Press Act has the potential to strengthen the democratic fabric of the United States.
