I 
118TH CONGRESS 
1ST SESSION H. R. 6837 
To prohibit the circumvention of control measures used by internet retailers 
to ensure equitable consumer access to products, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 14, 2023 
Mr. TONKO introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To prohibit the circumvention of control measures used by 
internet retailers to ensure equitable consumer access 
to products, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stopping Grinch Bots 
Act of 2023’’. 
SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RE-
LATING TO CIRCUMVENTION OF ONLINE AC-
CESS CONTROL MEASURES. 
(a) CONDUCT PROHIBITED.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), it shall be unlawful for any person— 
(A) to circumvent a security measure, ac-
cess control system, or other technological con-
trol or measure on an internet website or online 
service to enforce posted purchasing limits or to 
manage inventory; or 
(B) to sell or offer to sell any product or 
service in interstate commerce obtained in viola-
tion of subparagraph (A) if the person selling 
or offering to sell the product or service— 
(i) participated directly in or had the 
ability to control the conduct in violation of 
subparagraph (A); or 
(ii) knew or should have known that 
the product or service was acquired in vio-
lation of subparagraph (A). 
(2) EXCEPTION.—It shall not be unlawful 
under this section for a person to create or use any 
computer software or system— 
(A) to investigate, or further the enforce-
ment or defense, of any alleged violation of this 
section or other statute or regulation; or 
(B) to engage in research necessary to 
identify and analyze flaws and vulnerabilities of 
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measures, systems, or controls described in 
paragraph (1)(A), if these research activities 
are conducted— 
(i) to advance the state of knowledge 
in the field of computer system security; or 
(ii) to assist in the development of 
computer security product. 
(b) ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a) shall be treated 
as a violation of a rule defining an unfair or a de-
ceptive act or practice under section 18(a)(1)(B) of 
the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this section 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 in-
corporated into and made a part of this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates subsection (a) shall be sub-
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ject to the penalties and entitled to the privi-
leges and immunities provided in the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.). 
(C) AUTHORITY PRESERVED.—Nothing in 
this Act shall be construed to limit the author-
ity of the Commission under any other provi-
sion of law. 
(c) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney general of a State has reason to believe that 
an interest of the residents of the State has been or 
is threatened or adversely affected by the engage-
ment of any person subject to subsection (a) in a 
practice that violates such subsection, the attorney 
general of the State may, as parens patriae, bring 
a civil action on behalf of the residents of the State 
in an appropriate district court of the United 
States— 
(A) to enjoin further violation of such sub-
section by such person; 
(B) to compel compliance with such sub-
section; and 
(C) to obtain damages, restitution, or other 
compensation on behalf of such residents. 
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(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Commission in writ-
ing that the attorney general intends to 
bring a civil action under paragraph (1) 
not later than 10 days before initiating the 
civil action. 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Commission may— 
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(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal of a 
decision in the civil action. 
(3) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(4) ACTION
BY
FEDERAL
TRADE
COMMIS-
SION.—If the Commission institutes a civil action or 
an administrative action with respect to a violation 
of subsection (a), the attorney general of a State 
may not, during the pendency of such action, bring 
a civil action under paragraph (1) against any de-
fendant named in the complaint of the Commission 
for the violation with respect to which the Commis-
sion instituted such action. 
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(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
(ii) another court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(6) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other consumer protection offi-
cer of a State who is authorized by the State 
to do so may bring a civil action under para-
graph (1), subject to the same requirements 
and limitations that apply under this subsection 
to civil actions brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
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thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
(d) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) POSTED.—The term ‘‘posted’’ means clearly 
and conspicuously published on an internet website. 
Æ 
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