H.R. 4330 — what changed

changed Covered journalist— The term “covered journalist” covered journalist means a person who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, investigates, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

changed In general— The term “covered covered service provider” provider means any person that, by an electronic means, stores, processes, or transmits information in order to provide a service to customers of the person.

changed Inclusions— The term “covered covered service provider” provider includes—

changed Document— The term “document” document means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.).

changed Federal entity— The term “Federal entity” 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 process.

changed Journalism— The term “journalism” journalism means gathering, preparing, collecting, photographing, recording, writing, editing, reporting, investigating, or publishing news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.

changed Personal account of a covered journalist— The term “personal personal account of a covered journalist” journalist means an account with a covered service provider used by a covered journalist that is not provided, administered, or operated by the employer of the covered journalist.

changed Personal technology device of a covered journalist— The term “personal personal technology device of a covered journalist” journalist means a handheld communications device, laptop computer, desktop computer, or other internet-connected device used by a covered journalist that is not provided or administered by the employer of the covered journalist.

changed Protected information— The term “protected information” protected information means any information identifying a source who provided information as part of engaging in journalism, and any records, contents of a communication, documents, or information that a covered journalist obtained or created as part of engaging in journalism.

changed disclosure of the protected information is necessary to prevent a threat of imminent violence, significant bodily harm, or death.death, including specified offenses against a minor (as defined by section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(7))).

changed Conditions for compelled disclosure— In any matter arising under Federal law, a Federal entity may not compel a covered service provider to provide testimony or any document consisting of any record, information, or other communication that relates to communications stored by a business transaction between the covered service provider and on behalf of a covered journalist, including testimony or any document relating to a personal account of a covered journalist or a personal technology device of a covered journalist, unless a court in the judicial district in which the subpoena or other compulsory process is, or will be, issued determines by a preponderance of the evidence that there is a reasonable threat of imminent violence unless the testimony or document is provided, and issues an order authorizing the Federal entity to compel the disclosure of the testimony or document.

changed 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 who on behalf of whom the testimony or document is a party stored pursuant to the business transaction described in subsection (a)—

changed In general— Notice and an opportunity to be heard under paragraph (1) may be delayed for not more than 45 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 investigation, or would present an imminent risk of death or serious bodily harm.harm, including specified offenses against a minor (as defined by section 111(7) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(7))).