The Free Flow of Information Act aims to help bloggers keep their sources confidential
Publishing information online has always been a staple of free speech and providing critical, and often controversial, information to the masses. Of course once blogs hit the Internet in a storm of popularity, there became a fine line between what a real journalist is compared to an Internet "blogger" -- the later being deemed to be not a journalist by definition.
A new bill being pushed by U.S. Congressmen Rick Boucher and Mike Pence along with other House representatives aims to change a few rules and give the same protection to bloggers that journalists receive. As the law exists today, bloggers are open to attack by large corporate entities that have vast resources to exercise legal power.
Called the Free Flow of Information Act of 2007, Boucher plans to provide the same federal protection to most bloggers, provided that they show some form of journalism, which is defined in the new bill. Last year several Apple-oriented news sites became targets of a litigation-happy Apple. Apple argued that writers for AppleInsider, MacNN and PowerPage.org were "not true journalists" -- a theory that was later rejected by a panel of judges. Eventually Apple dropped its legal battle and the sites in question were left free to continue with their business.
The Electronic Frontier Foundation (EFF) has been fighting for the free flow of information for the last several years. The organization involves itself in many issues concerning sources of information and their rights to remain confidential. Boucher voiced the same opinions, indicating that journalists and bloggers should be allowed to keep their sources confidential.
"The ability to assure confidentiality to people who provide information is essential to effective news gathering and reporting on highly sensitive and important issues," said Boucher in a statement.
The Act would apply to all forms of media that provide information to the public, including newspapers, magazines, book publishers, television networks and stations, cable and satellite networks, channels and programming services, news agencies and wire services. In addition, the Act would apply to web logs (“blogs”) that engage in journalism.
Boucher even went on to talk about how the new bill can protect individuals that work inside corrupt government organizations but want to shed light onto what goes on behind closed doors.
"Typically, the best information about corruption in government or misdeeds in a private organization will come from someone on the inside who feels a responsibility to bring the information to light," stated Boucher. "That person has a lot to lose if his or identity becomes known. In many cases, the person responsible for the corruption of the misdeeds can punish the source through dismissal or more subtle forms of punitive action if the source's identity becomes known."
In Boucher's break down of the actual bill, he clearly indicates blogs as entities that should be protected under the First Amendment. The Free Flow of Information Act will still need to jump through several hoops before it is passed. Analysts expect that several companies will oppose the bill due to the very fact that they are constantly in the eyes of the media. Despite this, Boucher and several others believe that the new bill has a strong chance to be accepted by Congress.
"It protects the public's right to know. Its passage should be a priority in this Congress," said Boucher.
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