Database and Collections of Information Misappropriation Act

Bill: 108-hr-3261
Sponsor: Rep. Coble, Howard [R-NC-6]
Introduced: 2003-10-08 in the House
Policy area: Commerce
Subjects: Civil actions and liability
Communication in science
Computer software
Congress
Congressional reporting requirements
Copyright
Damages
Data banks
Education
Educational facilities
Elementary and secondary education
Federal preemption
Government Operations and Politics
Government liability
Government paperwork
Higher education
Injunctions
Intellectual property
Internet
Law
Legal fees
Liability (Law)
Limitation of actions
Nonprofit organizations
Periodicals
Profit
Public records
Punitive damages
Reporters and reporting
Restrictive trade practices
Science, Technology, Communications
Social Welfare
Telecommunication industry

Summary:
action_date: 2003-10-08
text: 
Database and Collections of Information Misappropriation Act - Makes civilly liable any person who makes available in commerce to others a substantial part of the information contained in a database generated, gathered, or maintained by another person without authorization. Provides exceptions for: (1) independently generated or gathered information; (2) certain reasonable use by a nonprofit educational, scientific, and research institution; (3) hyperlinking one online location to another; and (4) making such information available for the primary purpose of news reporting.
 
 Excludes from protection under this Act: (1) government and Federally mandated databases; and (2) computer programs.
 
Provides civil remedies, including temporary and permanent injunctions and monetary relief for damages. Prohibits actions against the United States Government. Provides oversight by the Federal Trade Commission and the Patent and Trademark Office.
 
Requires any civil action under this Act to be commenced within two years after its cause arises.

action_date: 2004-02-11
text: 
Database and Collections of Information Misappropriation Act - Makes civilly liable any person who makes available in commerce to others a substantial part of the information contained in a database generated, gathered, or maintained by another person without authorization. Provides exceptions for: (1) independently generated or gathered information; (2) certain reasonable use by a nonprofit science or research institution; (3) hyperlinking one online location to another; and (4) making such information available for the primary purpose of news reporting.
 
 Excludes, subject to exception, from protection under this Act: (1) Federal, State, or local government databases; and (2) computer programs.
 
Provides civil remedies, including temporary and permanent injunctions, monetary relief for damages, and impoundment. Prohibits temporary and permanent injunctions and impoundment against the U.S. Government. Exempts from liability a provider of an interactive computer service for making available information that is provided by another information content provider. Provides oversight by the Federal Trade Commission, the Patent and Trademark Office, and the Copyright Office, requiring reports to specified congressional committees.
 
Requires any civil action under this Act to be commenced within two years after its cause arises.
 
Excludes, subject to exception, from liability under this Act: (1) any accredited nonprofit postsecondary educational institution or nonprofit research laboratory; (2) employees of such institution or laboratory acting within the scope of employment; and (3) students enrolled in such educational institution.

action_date: 2004-03-11
text: 

(This measure has not been amended since it was reported to the House on February 11, 2004. The summary of that version is repeated here.)

 
Database and Collections of Information Misappropriation Act - Makes civilly liable any person who makes available in commerce to others a substantial part of the information contained in a database generated, gathered, or maintained by another person without authorization. Provides exceptions for: (1) independently generated or gathered information; (2) certain reasonable use by a nonprofit science or research institution; (3) hyperlinking one online location to another; and (4) making such information available for the primary purpose of news reporting.
 
 Excludes, subject to exception, from protection under this Act: (1) Federal, State, or local government databases; and (2) computer programs.
 
Provides civil remedies, including temporary and permanent injunctions, monetary relief for damages, and impoundment. Prohibits temporary and permanent injunctions and impoundment against the U.S. Government. Exempts from liability a provider of an interactive computer service for making available information that is provided by another information content provider. Provides oversight by the Federal Trade Commission, the Patent and Trademark Office, and the Copyright Office, requiring reports to specified congressional committees.
 
Requires any civil action under this Act to be commenced within two years after its cause arises.
 
Excludes, subject to exception, from liability under this Act: (1) any accredited nonprofit postsecondary educational institution or nonprofit research laboratory; (2) employees of such institution or laboratory acting within the scope of employment; and (3) students enrolled in such educational institution.


Legislative actions:
action_date: 2004-03-11
text: Placed on the Union Calendar, Calendar No. 252.
action_date: 2004-03-11
text: Reported adversely (Amended) by the Committee on Energy and Commerce. H. Rept. 108-421, Part II.
action_date: 2004-03-11
text: Reported adversely (Amended) by the Committee on Energy and Commerce. H. Rept. 108-421, Part II.
action_date: 2004-03-03
text: Ordered to be Reported by Voice Vote.
action_date: 2004-03-03
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-02-11
text: Referred sequentially to the House Committee on Energy and Commerce for a period ending not later than March 12, 2004 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(f), rule X.
action_date: 2004-02-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-421, Part I.
action_date: 2004-02-11
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-421, Part I.
action_date: 2004-01-21
text: Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 7.
action_date: 2004-01-21
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-10-16
text: Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 10 - 3.
action_date: 2003-10-16
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2003-10-09
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2003-10-08
text: Referred to the House Committee on the Judiciary.
action_date: 2003-10-08
text: Introduced in House
action_date: 2003-10-08
text: Introduced in House