ALAWON
ISSN 1069-7799 |
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Volume 13, Number 13
8 March 2004
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American Library Association Washington Office Newsline
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 alternativein 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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