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Union Calendar No. 253

108TH CONGRESS 

2D SESSION H. R. 3872

[Report No. 108–437] 

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 

MARCH 16, 2004

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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,
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1 SECTION 1. SHORT TITLE. 

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

3 Information Act of 2004’’. 

4 SEC. 2. MISAPPROPRIATION OF A DATABASE. 

5 (a) MISAPPROPRIATION PROHIBITED.—The mis6 appropriation of a database is an unfair method of com7 petition and an unfair or deceptive act or practice in com8 merce under section 5(a)(1) of the Federal Trade Com9 mission Act (15 U.S.C. 45(a)(1)). 

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

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

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

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

14 in the database at some cost or expense; 

15 (2) the value of the information is highly time16 sensitive; 

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

18 as the ‘‘other person’’) use of the information con19 stitutes free-riding on the first person’s costly efforts 

20 to generate or collect it; 

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

22 in direct competition with a product or service of23 fered by the first person; and 

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

25 the efforts of the first person would so reduce the 

26 incentive to produce the product or service that its 
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1 existence or quality would be substantially threat2 ened. 

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

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

5 interactive computer service shall be liable under section 

6 2 for making available information that is provided by an7 other information content provider. 

8 (b) DEFINITIONS.—In this section, the terms ‘‘inter9 active computer service’’ and ‘‘information content pro10 vider’’ have the meaning given to those terms in section 

11 230(f) of the Communications Act of 1934 (47 U.S.C. 

12 230(f)). 

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

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

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

16 pertaining to intellectual property. 

17 SEC. 4. REMEDIES. 

18 (a) TREATMENT OF VIOLATIONS AS RULE VIOLA19 TIONS.—A misappropriation of a database under section 

20 2 shall be treated as a violation of a rule defining an un21 fair or deceptive act or practice prescribed under section 

22 18(a)(1)(B) of the Federal Trade Commission Act (15 

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

24 (b) FTC AUTHORITY.—The Federal Trade Commis25 sion shall enforce this Act in the same manner, by the 
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1 same means, and with the same jurisdiction, powers, and 

2 duties as though all applicable terms and provisions of the 

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

4 were incorporated into and made a part of this Act. 

5 SEC. 5. EXCLUSIONS. 

6 Nothing in this Act shall—

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

8 1933 (15 U.S.C. 78a et seq.), the Securities Ex9 change Act of 1934 (15 U.S.C. 78a et seq.), the 

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

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

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

13 of 1940 (15 U.S.C. 80b et seq.), the Securities In14 vestor Protection Act of 1970 (15 U.S.C. 78aaa et 

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

16 (2) affect the authority of the Securities and 

17 Exchange Commission; or 

18 (3) apply to information with respect to 

19 quotations for, or indications, orders, or transactions 

20 in, securities. 

Union Calendar No. 253

108TH CONGRESS 

2D SESSION H. R. 3872

[Report No. 108–437] 

A BILL

To prohibit the misappropriation of databases while 

ensuring consumer access to factual information. 

MARCH 16, 2004

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed