C Net News Published: August 1, 2007



WASHINGTON--A congressional panel on Wednesday (8/1/07) voted, against the Bush administration's wishes, to shield journalists including advertising-supported bloggers from having to reveal their confidential sources in many situations.

By a voice vote only after politicians spent nearly two hours airing various misgivings, the U.S. House of Representatives Judiciary Committee approved an amended version of the Free Flow of Information Act.

In response to concerns raised by the Bush administration and other politicians, the revised bill attempts to exclude the "casual blogger" from reaping those benefits by stipulating the protections apply only to those who derive "financial gain or livelihood" from the journalistic activity, Boucher said Wednesday. That broad rule could, however, include part-time writers who receive even a trickle of revenue from Google Ads or Blogads.com.


The Bush administration has continually opposed passage of such a measure, arguing the most recent House effort's approach is so sweeping that it could imperil national security and federal criminal investigations. Currently there is no federal shield law.

The bill defines the practice of journalism as "gathering, preparing, collecting, photographing, recording, writing, editing, reporting or publishing of news or information that concerns local, national or international events or other matters of public interest for dissemination to the public."

In an age in which it's relatively easy and inexpensive to slap advertisements on blogs and meet the "financial gain" standard, several politicians questioned on Wednesday whether that language will make much of a difference. Anyone "could start a blog and request advertising on that blog, and whether they get it or not, would be considered a journalist under this bill," Rep. Adam Schiff (D-Calif.) said before voting against the bill.

Such a definition "would potentially encompass millions of people who blog or change the manner in which they blog (to gain the privilege)," said Rep. Bob Goodlatte (R-Va.), adding that the shield is "far too broad and far too easily gained for me to support that language."

Both Boucher and Pence said they sympathized with those complaints and planned to work on changing the definition further before the bill goes to a vote in the full House. Conyers proposed assembling a "working group" to work out the differences. The bill's supporters had previously resolved to leave it up to the courts to refine the journalist definition as necessary, rather than running the risk of excluding certain people by narrowing the scope beforehand.

With Congress scheduled to depart for its summer recess at week's end and lingering disagreements over the bill's approach, it's unclear whether the bill will move ahead anytime soon.

C Net News