[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3872 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3872

 To prohibit the misappropriation of databases while ensuring consumer 
                     access to factual information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2004

 Mr. Stearns (for himself, Ms. Schakowsky, Mr. Boucher, Mr. Upton, Mr. 
   Dingell, Mr. Shadegg, Mr. Markey, Mr. Pickering, Mr. Deutsch, Mr. 
Terry, Mr. Towns, Mr. Issa, Mr. Gordon, Mr. Rush, Ms. Eshoo, Mr. Green 
   of Texas, Ms. McCarthy of Missouri, Ms. Solis, and Mr. Gonzalez) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit the misappropriation of databases while ensuring consumer 
                     access to factual information.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Access to Information Act 
of 2004''.

SEC. 2. MISAPPROPRIATION OF A DATABASE.

    (a) Misappropriation Prohibited.--The misappropriation of a 
database is an unfair method of competition and an unfair or deceptive 
act or practice in commerce under section 5(a)(1) of the Federal Trade 
Commission Act (15 U.S.C. 45(a)(1)).
    (b) Definition.--For purposes of subsection (a), the term 
``misappropriation of a database'' means that--
            (1) a person (referred to in this section as the ``first 
        person'') generates or collects the information in the database 
        at some cost or expense;
            (2) the value of the information is highly time-sensitive;
            (3) another person's (referred to in this section as the 
        ``other person'') use of the information constitutes free-
        riding on the first person's costly efforts to generate or 
        collect it;
            (4) the other person's use of the information is in direct 
        competition with a product or service offered by the first 
        person; and
            (5) the ability of other parties to free-ride on the 
        efforts of the first person would so reduce the incentive to 
        produce the product or service that its existence or quality 
        would be substantially threatened.

SEC. 3. LIMITATION ON LIABILITY OF CERTAIN ENTITIES.

    (a) Limitation on Liability.--No provider of an interactive 
computer service shall be liable under section 2 for making available 
information that is provided by another information content provider.
    (b) Definitions.--In this section, the terms ``interactive computer 
service'' and ``information content provider'' have the meaning given 
to those terms in section 230(f) of the Communications Act of 1934 (47 
U.S.C. 230(f)).
    (c) Construction.--For purposes of section 230 of the 
Communications Act of 1934 (47 U.S.C. 230), the provisions of this Act 
shall not be construed to be a law pertaining to intellectual property.

SEC. 4. REMEDIES.

    (a) Treatment of Violations as Rule Violations.--A misappropriation 
of a database under section 2 shall be treated as a violation of a rule 
defining an unfair or deceptive act or practice prescribed under 
section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)).
    (b) FTC Authority.--The Federal Trade Commission shall enforce this 
Act in the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all applicable terms and 
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this Act.

SEC. 5. EXCLUSIONS.

     Nothing in this Act shall--
            (1) affect the operation of the Securities Act of 1933 (15 
        U.S.C. 78a et seq.), the Securities Exchange Act of 1934 (15 
        U.S.C. 78a et seq.), the Trust Indenture Act of 1939 (15 U.S.C. 
        77aaa et seq.), the Investment Company Act of 1940 (15 U.S.C. 
        80a-1 et seq.), the Investment Advisers Act of 1940 (15 U.S.C. 
        80b et seq.), the Securities Investor Protection Act of 1970 
        (15 U.S.C. 78aaa et seq.), or the rules and regulations 
        thereunder;
            (2) affect the authority of the Securities and Exchange 
        Commission; or
            (3) apply to information with respect to quotations for, or 
        indications, orders, or transactions in, securities.
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