105TH CONGRESS; 2ND SESSION
IN THE SENATE OF THE UNITED STATES
AS REFERRED IN THE SENATE
 

H. R. 2652
 

1998 H.R. 2652; 105 H.R. 2652
 

SYNOPSIS:
 AN ACT To amend title 17, United States Code, to prevent the misappropriation of collections of information.

DATE OF INTRODUCTION: OCTOBER 9, 1997
 

DATE OF VERSION: MAY 21, 1998 -- VERSION: 4
 
TEXT:

*  Be it enacted by the Senate and House of Representatives of the United*
*States of America in Congress assembled,                                *
SECTION 1. SHORT TITLE.
  This Act may be cited as the "Collections of Information Antipiracy
Act".
SEC. 2. MISAPPROPRIATION OF COLLECTIONS OF INFORMATION.
  Title 17, United States Code, is amended by adding at the end the
following new chapter:
        "CHAPTER 12-MISAPPROPRIATION OF COLLECTIONS OF INFORMATION
"Sec.
"1201. Definitions.
"1202. Prohibition against misappropriation.
"1203. Permitted acts.
"1204. Exclusions.
"1205. Relationship to other laws.
"1206. Civil remedies.
"1207. Criminal offenses and penalties.
"1208. Limitations on actions.
"1201. Definitions
  "As used in this chapter:
      "(1) COLLECTION OF INFORMATION.-THE TERM 'COLLECTION OF
    INFORMATION' MEANS INFORMATION THAT HAS BEEN COLLECTED AND HAS BEEN
    ORGANIZED FOR THE PURPOSE OF BRINGING DISCRETE ITEMS OF INFORMATION
    TOGETHER IN ONE PLACE OR THROUGH ONE SOURCE SO THAT USERS MAY ACCESS
    THEM.
      "(2) INFORMATION.-THE TERM 'INFORMATION' MEANS FACTS, DATA, WORKS
    OF AUTHORSHIP, OR ANY OTHER INTANGIBLE MATERIAL CAPABLE OF BEING
    COLLECTED AND ORGANIZED IN A SYSTEMATIC WAY.
      "(3) POTENTIAL MARKET.-THE TERM 'POTENTIAL MARKET' MEANS ANY MARKET
    THAT A PERSON CLAIMING PROTECTION UNDER SECTION 1202 HAS CURRENT AND
    DEMONSTRABLE PLANS TO EXPLOIT OR THAT IS COMMONLY EXPLOITED BY
    PERSONS OFFERING SIMILAR PRODUCTS OR SERVICES INCORPORATING
    COLLECTIONS OF INFORMATION.
      "(4) COMMERCE.-THE TERM 'COMMERCE' MEANS ALL COMMERCE WHICH MAY BE
    LAWFULLY REGULATED BY THE CONGRESS.
      "(5) PRODUCT OR SERVICE.-A PRODUCT OR SERVICE INCORPORATING A
    COLLECTION OF INFORMATION DOES NOT INCLUDE A PRODUCT OR SERVICE
    INCORPORATING A COLLECTION OF INFORMATION GATHERED, ORGANIZED, OR
    MAINTAINED TO ADDRESS, ROUTE, FORWARD, TRANSMIT, OR STORE DIGITAL
    ONLINE COMMUNICATIONS OR PROVIDE OR RECEIVE ACCESS TO CONNECTIONS FOR
    DIGITAL ONLINE COMMUNICATIONS.
"1202. Prohibition against misappropriation
  "Any person who extracts, or uses in commerce, all or a substantial
part, measured either quantitatively or qualitatively, of a collection of
information gathered, organized, or maintained by another person through
the investment of substantial monetary or other resources, so as to cause
harm to the actual or potential market of that other person, or a
successor in interest of that other person, for a product or service that
incorporates that collection of information and is offered or intended to
be offered for sale or otherwise in commerce by that other person, or a
successor in interest of that person, shall be liable to that person or
successor in interest for the remedies set forth in section 1206.
"1203. Permitted acts
  "(a) INDIVIDUAL ITEMS OF INFORMATION AND OTHER INSUBSTANTIAL
PARTS.-NOTHING IN THIS CHAPTER SHALL PREVENT THE EXTRACTION OR USE OF AN
INDIVIDUAL ITEM OF INFORMATION, OR OTHER INSUBSTANTIAL PART OF A
COLLECTION OF INFORMATION, IN ITSELF. AN INDIVIDUAL ITEM OF INFORMATION,
INCLUDING A WORK OF AUTHORSHIP, SHALL NOT ITSELF BE CONSIDERED A
SUBSTANTIAL PART OF A COLLECTION OF INFORMATION UNDER SECTION 1202.
NOTHING IN THIS SUBSECTION SHALL PERMIT THE REPEATED OR SYSTEMATIC
EXTRACTION OR USE OF INDIVIDUAL ITEMS OR INSUBSTANTIAL PARTS OF A
COLLECTION OF INFORMATION SO AS TO CIRCUMVENT THE PROHIBITION CONTAINED
IN SECTION 1202.
  "(B) GATHERING OR USE OF INFORMATION OBTAINED THROUGH OTHER
MEANS.-NOTHING IN THIS CHAPTER SHALL RESTRICT ANY PERSON FROM
INDEPENDENTLY GATHERING INFORMATION OR USING INFORMATION OBTAINED BY
MEANS OTHER THAN EXTRACTING IT FROM A COLLECTION OF INFORMATION GATHERED,
ORGANIZED, OR MAINTAINED BY ANOTHER PERSON THROUGH THE INVESTMENT OF
SUBSTANTIAL MONETARY OR OTHER RESOURCES.
  "(C) USE OF INFORMATION FOR VERIFICATION.-NOTHING IN THIS CHAPTER SHALL
RESTRICT ANY PERSON FROM EXTRACTING INFORMATION, OR FROM USING
INFORMATION WITHIN ANY ENTITY OR ORGANIZATION, FOR THE SOLE PURPOSE OF
VERIFYING THE ACCURACY OF INFORMATION INDEPENDENTLY GATHERED, ORGANIZED,
OR MAINTAINED BY THAT PERSON. UNDER NO CIRCUMSTANCES SHALL THE
INFORMATION SO EXTRACTED OR USED BE MADE AVAILABLE TO OTHERS IN A MANNER
THAT HARMS THE ACTUAL OR POTENTIAL MARKET FOR THE COLLECTION OF
INFORMATION FROM WHICH IT IS EXTRACTED OR USED.
  "(D) NONPROFIT EDUCATIONAL, SCIENTIFIC, OR RESEARCH USES.-NOTHING IN
THIS CHAPTER SHALL RESTRICT ANY PERSON FROM EXTRACTING OR USING
INFORMATION FOR NONPROFIT EDUCATIONAL, SCIENTIFIC, OR RESEARCH PURPOSES
IN A MANNER THAT DOES NOT HARM THE ACTUAL OR POTENTIAL MARKET FOR THE
PRODUCT OR SERVICE REFERRED TO IN SECTION 1202.
  "(E) NEWS REPORTING.-NOTHING IN THIS CHAPTER SHALL RESTRICT ANY PERSON
FROM EXTRACTING OR USING INFORMATION FOR THE SOLE PURPOSE OF NEWS
REPORTING, INCLUDING NEWS GATHERING, DISSEMINATION, AND COMMENT, UNLESS
THE INFORMATION SO EXTRACTED OR USED IS TIME SENSITIVE, HAS BEEN GATHERED
BY A NEWS REPORTING ENTITY FOR DISTRIBUTION TO A PARTICULAR MARKET, AND
HAS NOT YET BEEN DISTRIBUTED TO THAT MARKET, AND THE EXTRACTION OR USE IS
PART OF A CONSISTENT PATTERN ENGAGED IN FOR THE PURPOSE OF DIRECT
COMPETITION IN THAT MARKET.
  "(F) TRANSFER OF COPY.-NOTHING IN THIS CHAPTER SHALL RESTRICT THE OWNER
OF A PARTICULAR LAWFULLY MADE COPY OF ALL OR PART OF A COLLECTION OF
INFORMATION FROM SELLING OR OTHERWISE DISPOSING OF THE POSSESSION OF THAT
COPY.
"1204. Exclusions
  "(a) GOVERNMENT COLLECTIONS OF INFORMATION.-
      "(1) EXCLUSION.-PROTECTION UNDER THIS CHAPTER SHALL NOT EXTEND TO
    COLLECTIONS OF INFORMATION GATHERED, ORGANIZED, OR MAINTAINED BY OR
    FOR A GOVERNMENT ENTITY, WHETHER FEDERAL, STATE, OR LOCAL, INCLUDING
    ANY EMPLOYEE OR AGENT OF SUCH ENTITY, OR ANY PERSON EXCLUSIVELY
    LICENSED BY SUCH ENTITY, WITHIN THE SCOPE OF THE EMPLOYMENT, AGENCY,
    OR LICENSE. NOTHING IN THIS SUBSECTION SHALL PRECLUDE PROTECTION
    UNDER THIS CHAPTER FOR INFORMATION GATHERED, ORGANIZED, OR MAINTAINED
    BY SUCH AN AGENT OR LICENSEE THAT IS NOT WITHIN THE SCOPE OF SUCH
    AGENCY OR LICENSE, OR BY A FEDERAL OR STATE EDUCATIONAL INSTITUTION
    IN THE COURSE OF ENGAGING IN EDUCATION OR SCHOLARSHIP.
      "(2) EXCEPTION.-THE EXCLUSION UNDER PARAGRAPH (1) DOES NOT APPLY TO
    ANY INFORMATION REQUIRED TO BE COLLECTED AND DISSEMINATED-
          "(A) UNDER THE SECURITIES EXCHANGE ACT OF 1934 BY A NATIONAL
        SECURITIES EXCHANGE, A REGISTERED SECURITIES ASSOCIATION, OR A
        REGISTERED SECURITIES INFORMATION PROCESSOR, SUBJECT TO SECTION
        1205(G) OF THIS TITLE; OR
          "(B) UNDER THE COMMODITY EXCHANGE ACT BY A CONTRACT MARKET,
        SUBJECT TO SECTION 1205(G) OF THIS TITLE.
  "(B) COMPUTER PROGRAMS.-
      "(1) PROTECTION NOT EXTENDED.-SUBJECT TO PARAGRAPH (2), PROTECTION
    UNDER THIS CHAPTER SHALL NOT EXTEND TO COMPUTER PROGRAMS, INCLUDING,
    BUT NOT LIMITED TO, ANY COMPUTER PROGRAM USED IN THE MANUFACTURE,
    PRODUCTION, OPERATION, OR MAINTENANCE OF A COLLECTION OF INFORMATION,
    OR ANY ELEMENT OF A COMPUTER PROGRAM NECESSARY TO ITS OPERATION.
      "(2) INCORPORATED COLLECTIONS OF INFORMATION.-A COLLECTION OF
    INFORMATION THAT IS OTHERWISE SUBJECT TO PROTECTION UNDER THIS
    CHAPTER IS NOT DISQUALIFIED FROM SUCH PROTECTION SOLELY BECAUSE IT IS
    INCORPORATED INTO A COMPUTER PROGRAM.
"1205. Relationship to other laws
  "(a) OTHER RIGHTS NOT AFFECTED.-SUBJECT TO SUBSECTION (B), NOTHING IN
THIS CHAPTER SHALL AFFECT RIGHTS, LIMITATIONS, OR REMEDIES CONCERNING
COPYRIGHT, OR ANY OTHER RIGHTS OR OBLIGATIONS RELATING TO INFORMATION,
INCLUDING LAWS WITH RESPECT TO PATENT, TRADEMARK, DESIGN RIGHTS,
ANTITRUST, TRADE SECRETS, PRIVACY, ACCESS TO PUBLIC DOCUMENTS, AND THE
LAW OF CONTRACT.
  "(B) PREEMPTION OF STATE LAW.-ON OR AFTER THE EFFECTIVE DATE OF THIS
CHAPTER, ALL RIGHTS THAT ARE EQUIVALENT TO THE RIGHTS SPECIFIED IN
SECTION 1202 WITH RESPECT TO THE SUBJECT MATTER OF THIS CHAPTER SHALL BE
GOVERNED EXCLUSIVELY BY FEDERAL LAW, AND NO PERSON IS ENTITLED TO ANY
EQUIVALENT RIGHT IN SUCH SUBJECT MATTER UNDER THE COMMON LAW OR STATUTES
OF ANY STATE. STATE LAWS WITH RESPECT TO TRADEMARK, DESIGN RIGHTS,
ANTITRUST, TRADE SECRETS, PRIVACY, ACCESS TO PUBLIC DOCUMENTS, AND THE
LAW OF CONTRACT SHALL NOT BE DEEMED TO PROVIDE EQUIVALENT RIGHTS FOR
PURPOSES OF THIS SUBSECTION.
  "(C) RELATIONSHIP TO COPYRIGHT.-PROTECTION UNDER THIS CHAPTER IS
INDEPENDENT OF, AND DOES NOT AFFECT OR ENLARGE THE SCOPE, DURATION,
OWNERSHIP, OR SUBSISTENCE OF, ANY COPYRIGHT PROTECTION OR LIMITATION,
INCLUDING, BUT NOT LIMITED TO, FAIR USE, IN ANY WORK OF AUTHORSHIP THAT
IS CONTAINED IN OR CONSISTS IN WHOLE OR PART OF A COLLECTION OF
INFORMATION. THIS CHAPTER DOES NOT PROVIDE ANY GREATER PROTECTION TO A
WORK OF AUTHORSHIP CONTAINED IN A COLLECTION OF INFORMATION, OTHER THAN A
WORK THAT IS ITSELF A COLLECTION OF INFORMATION, THAN IS AVAILABLE TO
THAT WORK UNDER ANY OTHER CHAPTER OF THIS TITLE.
  "(D) ANTITRUST.-NOTHING IN THIS CHAPTER SHALL LIMIT IN ANY WAY THE
CONSTRAINTS ON THE MANNER IN WHICH PRODUCTS AND SERVICES MAY BE PROVIDED
TO THE PUBLIC THAT ARE IMPOSED BY FEDERAL AND STATE ANTITRUST LAWS,
INCLUDING THOSE REGARDING SINGLE SUPPLIERS OF PRODUCTS AND SERVICES.
  "(E) LICENSING.-NOTHING IN THIS CHAPTER SHALL RESTRICT THE RIGHTS OF
PARTIES FREELY TO ENTER INTO LICENSES OR ANY OTHER CONTRACTS WITH RESPECT
TO THE USE OF COLLECTIONS OF INFORMATION.
  "(F) COMMUNICATIONS ACT OF 1934.-Nothing in this chapter shall affect
the operation of the provisions of the Communications Act of 1934 (47
U.S.C. 151 et seq.), or shall restrict any person from extracting or
using subscriber list information, as such term is defined in section
222(f)(3) of the Communications Act of 1934 (47 U.S.C. 222(f)(3)), for
the purpose of publishing telephone directories in any format.
  "(g) SECURITIES EXCHANGE ACT OF 1934 AND COMMODITY EXCHANGE
ACT.-NOTHING IN THIS CHAPTER SHALL AFFECT-
      "(1) THE OPERATION OF THE PROVISIONS OF THE SECURITIES EXCHANGE ACT
    OF 1934 (15 U.S.C. 58A ET SEQ.) OR THE COMMODITY EXCHANGE ACT (7
    U.S.C. 1 ET SEQ.);
      "(2) THE PUBLIC NATURE OF INFORMATION WITH RESPECT TO QUOTATIONS
    FOR AND TRANSACTIONS IN SECURITIES THAT IS COLLECTED, PROCESSED,
    DISTRIBUTED, OR PUBLISHED PURSUANT TO THE REQUIREMENTS OF THE
    SECURITIES EXCHANGE ACT OF 1934;
      "(3) THE OBLIGATIONS OF NATIONAL SECURITIES EXCHANGES, REGISTERED
    SECURITIES ASSOCIATIONS, OR REGISTERED INFORMATION PROCESSORS UNDER
    THE SECURITIES EXCHANGE ACT OF 1934; OR
      "(4) THE JURISDICTION OR AUTHORITY OF THE SECURITIES AND EXCHANGE
    COMMISSION OR THE COMMODITY FUTURES TRADING COMMISSION.
"1206. Civil remedies
  "(a) CIVIL ACTIONS.-ANY PERSON WHO IS INJURED BY A VIOLATION OF SECTION
1202 MAY BRING A CIVIL ACTION FOR SUCH A VIOLATION IN AN APPROPRIATE
UNITED STATES DISTRICT COURT WITHOUT REGARD TO THE AMOUNT IN CONTROVERSY,
EXCEPT THAT ANY ACTION AGAINST A STATE GOVERNMENTAL ENTITY MAY BE BROUGHT
IN ANY COURT THAT HAS JURISDICTION OVER CLAIMS AGAINST SUCH ENTITY.
  "(B) TEMPORARY AND PERMANENT INJUNCTIONS.-ANY COURT HAVING JURISDICTION
OF A CIVIL ACTION UNDER THIS SECTION SHALL HAVE THE POWER TO GRANT
TEMPORARY AND PERMANENT INJUNCTIONS, ACCORDING TO THE PRINCIPLES OF
EQUITY AND UPON SUCH TERMS AS THE COURT MAY DEEM REASONABLE, TO PREVENT A
VIOLATION OF SECTION 1202. ANY SUCH INJUNCTION MAY BE SERVED ANYWHERE IN
THE UNITED STATES ON THE PERSON ENJOINED, AND MAY BE ENFORCED BY
PROCEEDINGS IN CONTEMPT OR OTHERWISE BY ANY UNITED STATES DISTRICT COURT
HAVING JURISDICTION OVER THAT PERSON.
  "(C) IMPOUNDMENT.-AT ANY TIME WHILE AN ACTION UNDER THIS SECTION IS
PENDING, THE COURT MAY ORDER THE IMPOUNDING, ON SUCH TERMS AS IT DEEMS
REASONABLE, OF ALL COPIES OF CONTENTS OF A COLLECTION OF INFORMATION
EXTRACTED OR USED IN VIOLATION OF SECTION 1202, AND OF ALL MASTERS,
TAPES, DISKS, DISKETTES, OR OTHER ARTICLES BY MEANS OF WHICH SUCH COPIES
MAY BE REPRODUCED. THE COURT MAY, AS PART OF A FINAL JUDGMENT OR DECREE
FINDING A VIOLATION OF SECTION 1202, ORDER THE REMEDIAL MODIFICATION OR
DESTRUCTION OF ALL COPIES OF CONTENTS OF A COLLECTION OF INFORMATION
EXTRACTED OR USED IN VIOLATION OF SECTION 1202, AND OF ALL MASTERS,
TAPES, DISKS, DISKETTES, OR OTHER ARTICLES BY MEANS OF WHICH SUCH COPIES
MAY BE REPRODUCED.
  "(D) MONETARY RELIEF.-WHEN A VIOLATION OF SECTION 1202 HAS BEEN
ESTABLISHED IN ANY CIVIL ACTION ARISING UNDER THIS SECTION, THE PLAINTIFF
SHALL BE ENTITLED TO RECOVER ANY DAMAGES SUSTAINED BY THE PLAINTIFF AND
DEFENDANT'S PROFITS NOT TAKEN INTO ACCOUNT IN COMPUTING THE DAMAGES
SUSTAINED BY THE PLAINTIFF. THE COURT SHALL ASSESS SUCH PROFITS OR
DAMAGES OR CAUSE THE SAME TO BE ASSESSED UNDER ITS DIRECTION. IN
ASSESSING PROFITS THE PLAINTIFF SHALL BE REQUIRED TO PROVE DEFENDANT'S
GROSS REVENUE ONLY; DEFENDANT MUST PROVE ALL ELEMENTS OF COST OR
DEDUCTION CLAIMS. IN ASSESSING DAMAGES THE COURT MAY ENTER JUDGMENT,
ACCORDING TO THE CIRCUMSTANCES OF THE CASE, FOR ANY SUM ABOVE THE AMOUNT
FOUND AS ACTUAL DAMAGES, NOT EXCEEDING THREE TIMES SUCH AMOUNT. THE COURT
IN ITS DISCRETION MAY AWARD REASONABLE COSTS AND ATTORNEY'S FEES TO THE
PREVAILING PARTY AND SHALL AWARD SUCH COSTS AND FEES WHERE IT DETERMINES
THAT AN ACTION WAS BROUGHT UNDER THIS CHAPTER IN BAD FAITH AGAINST A
NONPROFIT EDUCATIONAL, SCIENTIFIC, OR RESEARCH INSTITUTION, LIBRARY, OR
ARCHIVES, OR AN EMPLOYEE OR AGENT OF SUCH AN ENTITY, ACTING WITHIN THE
SCOPE OF HIS OR HER EMPLOYMENT.
  "(E) REDUCTION OR REMISSION OF MONETARY RELIEF FOR NONPROFIT
EDUCATIONAL, SCIENTIFIC, OR RESEARCH INSTITUTIONS.-THE COURT SHALL REDUCE
OR REMIT ENTIRELY MONETARY RELIEF UNDER SUBSECTION (D) IN ANY CASE IN
WHICH A DEFENDANT BELIEVED AND HAD REASONABLE GROUNDS FOR BELIEVING THAT
HIS OR HER CONDUCT WAS PERMISSIBLE UNDER THIS CHAPTER, IF THE DEFENDANT
WAS AN EMPLOYEE OR AGENT OF A NONPROFIT EDUCATIONAL, SCIENTIFIC, OR
RESEARCH INSTITUTION, LIBRARY, OR ARCHIVES ACTING WITHIN THE SCOPE OF HIS
OR HER EMPLOYMENT.
  "(F) ACTIONS AGAINST UNITED STATES GOVERNMENT.-SUBSECTIONS (B) AND (C)
SHALL NOT APPLY TO ANY ACTION AGAINST THE UNITED STATES GOVERNMENT.
  "(G) RELIEF AGAINST STATE ENTITIES.-THE RELIEF PROVIDED UNDER THIS
SECTION SHALL BE AVAILABLE AGAINST A STATE GOVERNMENTAL ENTITY TO THE
EXTENT PERMITTED BY APPLICABLE LAW.
"1207. Criminal offenses and penalties
  "(a) VIOLATION.-
      "(1) IN GENERAL.-ANY PERSON WHO VIOLATES SECTION 1202 WILLFULLY,
    AND-
          "(A) DOES SO FOR DIRECT OR INDIRECT COMMERCIAL ADVANTAGE OR
        FINANCIAL GAIN; OR
          "(B) CAUSES LOSS OR DAMAGE AGGREGATING $10,000 OR MORE IN ANY
        1-YEAR PERIOD TO THE PERSON WHO GATHERED, ORGANIZED, OR
        MAINTAINED THE INFORMATION CONCERNED,
    SHALL BE PUNISHED AS PROVIDED IN SUBSECTION (B).
      "(2) INAPPLICABILITY.-THIS SECTION SHALL NOT APPLY TO AN EMPLOYEE
    OR AGENT OF A NONPROFIT EDUCATIONAL, SCIENTIFIC, OR RESEARCH
    INSTITUTION, LIBRARY, OR ARCHIVES ACTING WITHIN THE SCOPE OF HIS OR
    HER EMPLOYMENT.
  "(B) PENALTIES.-AN OFFENSE UNDER SUBSECTION (A) SHALL BE PUNISHABLE BY
A FINE OF NOT MORE THAN $250,000 OR IMPRISONMENT FOR NOT MORE THAN 5
YEARS, OR BOTH. A SECOND OR SUBSEQUENT OFFENSE UNDER SUBSECTION (A) SHALL
BE PUNISHABLE BY A FINE OF NOT MORE THAN $500,000 OR IMPRISONMENT FOR NOT
MORE THAN 10 YEARS, OR BOTH.
"1208. Limitations on actions
  "(a) CRIMINAL PROCEEDINGS.-NO CRIMINAL PROCEEDING SHALL BE MAINTAINED
UNDER THIS CHAPTER UNLESS IT IS COMMENCED WITHIN THREE YEARS AFTER THE
CAUSE OF ACTION ARISES.
  "(B) CIVIL ACTIONS.-NO CIVIL ACTION SHALL BE MAINTAINED UNDER THIS
CHAPTER UNLESS IT IS COMMENCED WITHIN THREE YEARS AFTER THE CAUSE OF
ACTION ARISES OR CLAIM ACCRUES.
  "(C) ADDITIONAL LIMITATION.-NO CRIMINAL OR CIVIL ACTION SHALL BE
MAINTAINED UNDER THIS CHAPTER FOR THE EXTRACTION OR USE OF ALL OR A
SUBSTANTIAL PART OF A COLLECTION OF INFORMATION THAT OCCURS MORE THAN 15
YEARS AFTER THE INVESTMENT OF RESOURCES THAT QUALIFIED THE PORTION OF THE
COLLECTION OF INFORMATION FOR PROTECTION UNDER THIS CHAPTER THAT IS
EXTRACTED OR USED.".
SEC. 3. CONFORMING AMENDMENT.
  The table of chapters for title 17, United States Code, is amended by
adding at the end the following:
"12. Misappropriation of Collections of Information
                                                                   1201".
SEC. 4. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE.
  (a) DISTRICT COURT JURISDICTION.-SECTION 1338 OF TITLE 28, UNITED
STATES CODE, IS AMENDED-
      (1) IN THE SECTION HEADING BY INSERTING "misappropriations of
    collections of information," after "trade-marks,"; and
      (2) by adding at the end the following:
  "(d) The district courts shall have original jurisdiction of any civil
action arising under chapter 12 of title 17, relating to misappropriation
of collections of information. Such jurisdiction shall be exclusive of
the courts of the States, except that any action against a State
governmental entity may be brought in any court that has jurisdiction
over claims against such entity.".
  (b) CONFORMING AMENDMENT.-THE ITEM RELATING TO SECTION 1338 IN THE
TABLE OF SECTIONS FOR CHAPTER 85 OF TITLE 28, UNITED STATES CODE, IS
AMENDED BY INSERTING "MISAPPROPRIATIONS OF COLLECTIONS OF INFORMATION,"
AFTER "TRADE-MARKS,".
  (C) COURT OF FEDERAL CLAIMS JURISDICTION.-SECTION 1498(E) OF TITLE 28,
UNITED STATES CODE, IS AMENDED BY INSERTING "AND TO PROTECTIONS AFFORDED
COLLECTIONS OF INFORMATION UNDER CHAPTER 12 OF TITLE 17" AFTER "CHAPTER 9
OF TITLE 17".
SEC. 5. EFFECTIVE DATE.
  (a) IN GENERAL.-THIS ACT AND THE AMENDMENTS MADE BY THIS ACT SHALL TAKE
EFFECT ON THE DATE OF THE ENACTMENT OF THIS ACT, AND SHALL APPLY TO ACTS
COMMITTED ON OR AFTER THAT DATE.
  (B) PRIOR ACTS NOT AFFECTED.-NO PERSON SHALL BE LIABLE UNDER CHAPTER 12
OF TITLE 17, UNITED STATES CODE, AS ADDED BY SECTION 2 OF THIS ACT, FOR
THE USE OF INFORMATION LAWFULLY EXTRACTED FROM A COLLECTION OF
INFORMATION PRIOR TO THE EFFECTIVE DATE OF THIS ACT, BY THAT PERSON OR BY
THAT PERSON'S PREDECESSOR IN INTEREST.
    Passed the House of Representatives May 19, 1998.
    Attest:
                                                          ROBIN H. CARLE,
                                                                  Clerk.