H.R.3261 - Database and Collections of Information Misappropriation Act108th Congress (2003-2004)
Summary: H.R.3261 — 108th Congress (2003-2004)
Reported to House amended, Part II (03/11/2004)
(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.