IB 
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 re-
ferred 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.
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 ‘‘Consumer Access to 
Information Act of 2004’’. 
SEC. 2. MISAPPROPRIATION OF A DATABASE. 
(a) MISAPPROPRIATION
PROHIBITED.—The mis-
appropriation of a database is an unfair method of com-
petition and an unfair or deceptive act or practice in com-
merce under section 5(a)(1) of the Federal Trade Com-
mission 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 con-
stitutes 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 of-
fered 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 threat-
ened. 
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 an-
other information content provider. 
(b) DEFINITIONS.—In this section, the terms ‘‘inter-
active computer service’’ and ‘‘information content pro-
vider’’ 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 VIOLA-
TIONS.—A misappropriation of a database under section 
2 shall be treated as a violation of a rule defining an un-
fair 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 Commis-
sion 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 Ex-
change 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 In-
vestor 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.