1. Short title This Act may be cited as the Free Flow of Information Act of 2017 . 2. Compelled disclosure from covered persons (a) Conditions for compelled disclosure In any matter arising under Federal law, a Federal entity may not compel a covered person to provide testimony or produce any document related to information obtained or created by such covered person as part of engaging in journalism, unless a court determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to such covered person— (1) that the party seeking to compel production of such testimony or document has exhausted all reasonable alternative sources (other than the covered person) of the testimony or document; (2) that— (A) in a criminal investigation or prosecution, based on information obtained from a person other than the covered person— (i) there are reasonable grounds to believe that a crime has occurred; and (ii) the testimony or document sought is critical to the investigation or prosecution or to the defense against the prosecution; or (B) in a matter other than a criminal investigation or prosecution, based on information obtained from a person other than the covered person, the testimony or document sought is critical to the successful completion of the matter; (3) in the case that the testimony or document sought could reveal the identity of a source of information or include any information that could reasonably be expected to lead to the discovery of the identity of such a source, that— (A) disclosure of the identity of such a source is necessary to prevent, or to identify any perpetrator of, an act of terrorism against the United States or its allies or other significant and specified harm to national security with the objective to prevent such harm; (B) disclosure of the identity of such a source is necessary to prevent imminent death or significant bodily harm with the objective to prevent such death or harm, respectively