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Subject: [ALA-WO:900] Alternative Database Protection Legislation Introduced
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ALAWON: American Library Association Washington Office Newsline
Volume 13, Number 13
March 8, 2004

In This Issue: Alternative Database Protection Legislation Introduced

On March 2, following on the heels of the House Judiciary Committee's
favorable referral of H.R. 3261, the Database and Collections of
Information Misappropriation Act, the House Energy and Commerce
Committee reported the Judiciary bill with "an unfavorable
recommendation."  Rep. Stearns (R-FL) and 18 co-sponsors then introduced
a more narrow alternative version of database protection legislation,
H.R. 3872, the Consumer Access to Information Act of 2004.

Although H.R. 3261 was the result of years of negotiation, it continued
to be opposed by libraries because it would fundamentally allow database
producers to lock up facts.

Rep. Stearns stated at the March 2 hearing that he opposed H.R. 3261
because the bill could lead to costly litigation and "put a chill on the
use of information because of the fear of litigation."  New Energy and
Commerce Chairman Joe Barton, R-TX and ranking member John Dingell,
D-MI, supported the bill and opposed H.R. 3261.  H.R. 3872 narrowly
defines the definition of misappropriation of a database and calls for
Federal Trade Commission oversight and enforcement while prohibiting
private parties the right to sue.  The Committee approved the bill with
no amendments.

The introduction of H.R. 3872 is considered a positive political step
by libraries and other opponents of database legislation because it
continues to emphasize the fundamental rift between the stakeholders and
will likely make it more difficult for any bill to pass this year.
Libraries continue to maintain that any database legislation is
unnecessary but are grateful to those Representatives who, recognizing
the deep flaws in H.R. 3261, proposed an alternative.

ACTION NEEDED: Anyone in a state whose representative co-sponsored H.R.
3872 should thank their representative for voting against a favorable
recommendation of H.R. 3261 and for attempting to develop an alternative
in H.R. 3872.

For the text of both bills, go to http://thomas.loc.gov

To contact the co-sponsors of H.R. 3872, go to Contact Congress at
http://capwiz.com/ala.

CO-SPONSORS OF H.R. 3872
Mr. Stearns (R-FL)
Ms. Schakowsky (D-IL)
Mr. Boucher (D-VA)
Mr. Upton (R-MI)
Mr. Dingell (D-MI)
Mr. Shadegg (R-AZ)
Mr. Markey (D-AZ)
Mr. Pickering (R-MS)
Mr. Deutsch (D-FL)
Mr. Terry (R-NE)
Mr. Towns (D-NY)
Mr. Issa (R-CA)
Mr. Gordon (D-TN)
Mr. Rush (D-IL)
Ms. Eshoo (D-CA)
Mr. Green (D-TX)
Ms. McCarthy (D-MO)
Ms. Solis (D-IL)
Mr. Gonzalez (D-TX)
 


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