Alternative Database-Protection Bill Introduced in House

Legislation designed as a less-restrictive alternative to a database-protection bill currently before the House was introduced at a March 2 hearing of the House Energy and Commerce Committee. Sponsored by Rep. Cliff Stearns (R-Fla.), the Consumer Access to Information Act of 2004 (H.R. 3872) narrowly defines the misappropriation of a database and denies private parties the right to sue. Stearns said his bill “prohibits the misappropriation of databases while preserving unfettered consumer access to factual information,” the online Tech Law Journal reported February 25.

The action followed the House Judiciary Committee’s favorable referral of the Database and Collections of Information Misappropriation Act (H.R. 3261) to the Energy and Commerce Committee. At the March 2 hearing Rep. Stearns said he opposed the Judiciary bill because it could lead to costly litigation and “put a chill on the use of information because of the fear of litigation.” The committee reported H.R. 3261 with an unfavorable recommendation while approving Stearns’s measure.

H.R. 3261 prompted broad opposition from the U.S. Chamber of Commerce and other business groups as well as the library community. At its Midwinter Meeting in January, the American Library Association Council passed a resolution opposing the bill, stating it would harm legitimate business, research, and education activities and threaten the fair use of information.

Tech Law Journal speculated that the introduction of H.R. 3872 was part of a legislative strategy to detail H.R. 3261. Rep. Rick Boucher (D-Va.), an opponent of database-protection legislation, told the publication that when faced with two competing bills, the House leadership is likely to decide not to bring either one to the floor. 

Posted March 12, 2004.