I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consumer Access to 

5 Information Act of 2004’’. 

6 SEC. 2. MISAPPROPRIATION OF A DATABASE. 

7 (a) MISAPPROPRIATION PROHIBITED.—The mis8 appropriation of a database is an unfair method of com-
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1 petition and an unfair or deceptive act or practice in com2 merce under section 5(a)(1) of the Federal Trade Com3 mission Act (15 U.S.C. 45(a)(1)). 

4 (b) DEFINITION.—For purposes of subsection (a), 

5 the term ‘‘misappropriation of a database’’ means that— 

6 (1) a person (referred to in this section as the 

7 ‘‘first person’’) generates or collects the information 

8 in the database at some cost or expense; 

9 (2) the value of the information is highly time10 sensitive; 

11 (3) another person’s (referred to in this section 

12 as the ‘‘other person’’) use of the information con13 stitutes free-riding on the first person’s costly efforts 

14 to generate or collect it; 

15 (4) the other person’s use of the information is 

16 in direct competition with a product or service of17 fered by the first person; and 

18 (5) the ability of other parties to free-ride on 

19 the efforts of the first person would so reduce the 

20 incentive to produce the product or service that its 

21 existence or quality would be substantially threat22 ened. 

23 SEC. 3. LIMITATION ON LIABILITY OF CERTAIN ENTITIES. 

24 (a) LIMITATION ON LIABILITY.—No provider of an 

25 interactive computer service shall be liable under section 
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1 2 for making available information that is provided by an2 other information content provider. 

3 (b) DEFINITIONS.—In this section, the terms ‘‘inter4 active computer service’’ and ‘‘information content pro5 vider’’ have the meaning given to those terms in section 

6 230(f) of the Communications Act of 1934 (47 U.S.C. 

7 230(f)). 

8 (c) CONSTRUCTION.—For purposes of section 230 of 

9 the Communications Act of 1934 (47 U.S.C. 230), the 

10 provisions of this Act shall not be construed to be a law 

11 pertaining to intellectual property. 

12 SEC. 4. REMEDIES. 

13 (a) TREATMENT OF VIOLATIONS AS RULE VIOLA14 TIONS.—A misappropriation of a database under section 

15 2 shall be treated as a violation of a rule defining an un16 fair or deceptive act or practice prescribed under section 

17 18(a)(1)(B) of the Federal Trade Commission Act (15 

18 U.S.C. 57a(a)(1)(B)). 

19 (b) FTC AUTHORITY.—The Federal Trade Commis20 sion shall enforce this Act in the same manner, by the 

21 same means, and with the same jurisdiction, powers, and 

22 duties as though all applicable terms and provisions of the 

23 Federal Trade Commission Act (15 U.S.C. 41 et seq.) 

24 were incorporated into and made a part of this Act. 
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1 SEC. 5. EXCLUSIONS. 

2 Nothing in this Act shall—

3 (1) affect the operation of the Securities Act of 

4 1933 (15 U.S.C. 78a et seq.), the Securities Ex5 change Act of 1934 (15 U.S.C. 78a et seq.), the 

6 Trust Indenture Act of 1939 (15 U.S.C. 77aaa et 

7 seq.), the Investment Company Act of 1940 (15 

8 U.S.C. 80a–1 et seq.), the Investment Advisers Act 

9 of 1940 (15 U.S.C. 80b et seq.), the Securities In10 vestor Protection Act of 1970 (15 U.S.C. 78aaa et 

11 seq.), or the rules and regulations thereunder; 

12 (2) affect the authority of the Securities and 

13 Exchange Commission; or 

14 (3) apply to information with respect to 

15 quotations for, or indications, orders, or transactions 

16 in, securities.

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