115 HR 3948 RH: Protection of Source Code Act U.S. House of Representatives 2018-02-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 412 115th CONGRESS2d Session H. R. 3948 [Report No. 115–549] IN THE HOUSE OF REPRESENTATIVES October 4, 2017 Mr. Duffy (for himself, Mr. David Scott of Georgia, and Mr. Hultgren) introduced the following bill; which was referred to the Committee on Financial Services February 8, 2018 Additional sponsors: Mr. Messer and Mr. Gottheimer February 8, 2018 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Omit the part struck through A BILL To prohibit the Securities and Exchange Commission from compelling a person to produce or furnish algorithmic trading source code or similar intellectual property to the Commission unless the Commission first issues a subpoena, and for other purposes.

1.

Short title

This Act may be cited as the Protection of Source Code Act.

2.

Procedure for obtaining certain intellectual property

(a)

Persons under Securities Act of 1933

Section 8 of the Securities Act of 1933 (15 U.S.C. 77h) is amended by adding at the end the following: (g)

Procedure for obtaining certain intellectual property

The Commission is not authorized to compel under this title a person to produce or furnish source code, including algorithmic trading source code or similar intellectual property that forms the basis for design of or provides insight to the source code, to the Commission unless the Commission first issues a subpoena.. (b)

Persons under the Securities Exchange Act of 1934

Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: (e)

Procedure for obtaining certain intellectual property

The Commission is not authorized to compel under this title a person to produce or furnish source code, including algorithmic trading source code or similar intellectual property that forms the basis for design of or provides insight to the source code, to the Commission unless the Commission first issues a subpoena. . (c)

Investment Companies

Section 31 of the Investment Company Act of 1940 (15 U.S.C. 80a–30) is amended by adding at the end the following: (e)

Procedure for obtaining certain intellectual property

The Commission is not authorized to compel under this title an investment company to produce or furnish source code, including algorithmic trading source code or similar intellectual property that forms the basis for design of or provides insight to the source code, to the Commission unless the Commission first issues a subpoena.. (d)

Investment Advisers

Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b–4) is amended— (1)by adding at the end the following: (f)

Procedure for obtaining certain intellectual property

The Commission is not authorized to compel under this title an investment adviser to produce or furnish source code, including algorithmic trading source code or similar intellectual property that forms the basis for design of or provides insight to the source code, to the Commission unless the Commission first issues a subpoena.; and (2)in the second subsection (d), by striking (d) and inserting (e).

February 8, 2018 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed