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.