H. R. 354
1999 H.R. 354; 106 H.R. 354
Retrieve Bill Tracking Report
SYNOPSIS:
A bill to amend title 17, United States Code,
to provide protection for certain collections of information.
DATE OF INTRODUCTION: January 19, 1999
TEXT:
106th CONGRESS
1st Session
Report No. 106-349, Part I
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A BILL
To amend title 17, United States Code, to provide
protection for certain
collections of information.
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. COLLECTIONS OF INFORMATION.
Title 17, United States Code, is amended
by adding at the end the
following new chapter:
"CHAPTER 14--COLLECTIONS OF INFORMATION
"Sec.
"1401. Definitions.
"1402. Prohibition.
"1403. Permitted acts.
"1404. Exclusions.
"1405. Relationship to other laws.
"1406. Civil remedies.
"1407. Criminal offenses and penalties.
"1408. Defense to claims.
"1409. Limitations on actions.
"1410. Study and report.
"SEC. 1401. 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 persons may access
them. The term
does not include an individual work which, taken as a
whole, is a work
of narrative literary prose, but may include a
collection of
such works.
"(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) Primary market.--The term 'primary market' means all markets--
"(A) in which a product or service which
incorporates a collection of
information is offered; and
"(B) in which a person claiming protection
with respect to that
collection of information under section 1402
derives or reasonably expects
to derive revenue, directly or indirectly.
"(4) Related market.--The term 'related market' means any market--
"(A)(i) in which products or services which
incorporate collections of
information similar to a product or service offered
by a person claiming
protection under section 1402 are offered; and
"(ii) in which persons offering such similar
products or services derive
or reasonably expect to derive revenue, directly
or indirectly; or
"(B) any market in which a person claiming
protection with respect to a
collection of information under section 1402
has taken demonstrable steps to
offer in commerce within a short period of time
a product or service
incorporating that collection of information
with the reasonable expectation
to derive revenue, directly or indirectly.
"(5) Commerce.--The
term 'commerce' means all commerce which
may be lawfully
regulated by the Congress.
"(6) Maintain.--To
'maintain' a collection of information
means to update,
verify or supplement the information the collection
contains.
"SEC. 1402. PROHIBITION
"(a) Making Available or Extracting To Make
Available.--Any person who
makes available to others, or extracts to make
available to others, all or a
substantial part 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 material harm
to the primary market or a
related 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 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
1406.
"(b) Other Acts of Extraction.--Any person
who extracts all or a
substantial part of a collection of information
gathered, organized, or
maintained by another person S6203
"SEC. 1403. PERMITTED ACTS
"(a) Reasonable Uses. Notwithstanding section
1402, the making available
or extraction of information for purposes such
as illustration, explanation,
example, comment, criticism, teaching, research,
or analysis is not a
violation of this chapter, if it is reasonable
under the circumstances. In
determining whether such an act is reasonable
under the circumstances, all
of the following factors shall be considered:
"(1) The extent
to which the making available or extraction
is commercial
or nonprofit.
"(2) Whether the
amount of information made available or
extracted is appropriate
and for the purpose.
"(3) The good faith
of the person making available or
extracting the
information.
"(4) The extent
to which and the manner in which the portion
made available
or extracted is incorporated into an independent work
or collection,
and the degree of difference between the collection
from which the
information is made available or extracted and the
independent work
or collection.
"(5) The effect
of the making available or extraction on the
primary or related
market for a protected collection of information.
"(b) Certain Nonprofit Educational, Scientific,
or Research Uses.
Notwithstanding section 1402, no person shall
be restricted from making
available or extracting information for nonprofit
educational, scientific,
or research purposes in a manner that does not
materially harm the primary
market for the product or service referred to
in section 1402.
"(c) Individual Items of Information and
Other Insubstantial Parts.
Nothing in this chapter shall prevent the making
available or extraction 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
1402. Nothing in this
subsection shall permit the repeated or systematic
making available or
extracting of individual items or insubstantial
parts of a collection of
information so as to circumvent the prohibition
contained in section 1402.
"(d) Gathering or Use of Information Obtained
Through Other Means.
Nothing in this chapter shall restrict any person
from independently
gathering information or making available 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.
"(e) Making Available or Extraction of Information
for Verification.
Nothing in this chapter shall restrict any person
from making available or
extracting information from a collection of 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 used be
made available to others or
extracted from the original collection in a manner
that harms the primary
market or a related market for the collection
of information from which it
is made available or extracted.
"(f) News Reporting. Nothing in this chapter
shall restrict any person
from making available or extracting information
for the sole purpose of news
reporting on any
"(g) 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.
"(h) Genealogical Information.
"(1) In general.
Notwithstanding section 1402, no person
shall be restricted
from--
"(A) making available or extracting genealogical
information for
nonprofit, religious purposes; or
"(B) making available or extracting, for
private, noncommercial
purposes, genealogical information that has been
gathered, organized, or
maintained for nonprofit, religious purposes.
"(1) Definition.
For purposes of this subsection,
'genealogical
information' includes, but is not limited to, data
indicating the
date, time, or place of an individual's birth,
christening, marriage,
death, or burial, the identity of an
individual's parents,
spouse, children, or siblings, and other
information useful
in determining the identity of ancestors.
"(i) Investigative, Protective, or Intelligence
Activities. Nothing in
this chapter shall prohibit--
"(1) an officer,
agent, or employee of the United States, a
State, or a political
subdivision of a State; or
"(2) a person acting
under contract with an officer, agent,
or employee described
in paragraph (1),
from making available or extracting information
as part of lawfully
authorized investigative, protective, or intelligence
activities.
"SEC. 1401. 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
by any employee or agent of such government entity,
or any person
substantially funded by, exclusively licensed by, or
working under
contract to such government to achieve a government
purpose or fulfill
a government obligation as established by law or
regulation, if
such collections of information are gathered,
organized, or
maintained within the scope of the employment, agency,
license, grant,
contract, or funding. Nothing in this subsection shall
preclude protection
under this chapter for information gathered,
organized, or
maintained by such a person that is not within the scope
of such employment,
agency, license, grant, contract, or funding, 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 made available--
"(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 1405(g)
of this title; or
"(B) under the Commodity Exchange Act by
a contract market, subject to
section 1405(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
"(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.
"(c) Digital Online Communications. Protection
under this chapter shall
not extend to a product or service incorporating
a collection of information
gathered, organized, or maintained to address,
route, forward, transmit, or
store digital online communications, register
addresses to be used in
digital online communications, or provide or
receive access to connections
for digital online communications.
"SEC. 1405. 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
1402 with respect to the subject matter of this
chapter and protected by
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
making available or extracting 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 making available
or extracting 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)).
"(g) Securities and Commodities Market Information.
"(1) Authority
of sec and cftc. The Securities and Exchange
Commission shall
have the authority to modify the application of this
chapter as it
affects securities issues over which it has
jurisdiction,
and the Commodity Futures Trading Commission shall have
the authority
to modify the application of this chapter as it affects
commodities issues
over which it has jurisdiction.
"(2) Federal agencies
and acts. Notwithstanding paragraph
(1), nothing in
this chapter shall affect-- S6203
"(A) the operation of the provisions of
the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) or the Commodity
Exchange Act
(7 U.S.C. 1 et seq.);
"(B) the jurisdiction or authority of the
Securities and Exchange
Commission or the Commodity Futures Trading Commission;
or
"(C) the functions and operations of self-regulatory
organizations and
securities information processors under the provisions
of the Securities
Exchange Act of 1934 and the rules and regulations
thereunder, including
making market information available pursuant
to the provisions of that Act
and the rules and regulations thereunder.
"(3) Prohibition.
Notwithstanding any provision of subsection
(a), (b), (c),
(d), (e), (g), (h), or (i) of section 1403, nothing in
this chapter shall
permit the making available, extraction, resale, or
other disposition
of real-time market information except as the
Securities Exchange
Act of 1934, the Commodity Exchange Act, and the
rules and regulations
thereunder may otherwise provide. Nothing in
subsection (f)
of section 1403 shall be construed to permit any person
to make available
or extract real-time market information in a manner
that constitutes
a market substitute for a real-time market
information service
(including the real-time systematic updating of or
display of a substantial
part of market information) provided on a
real-time basis.
"(4) Definition.
As used in this subsection, the term 'market
information' means
information relating to quotations and transactions
that is collected,
processed, distributed, or published pursuant to
the provisions
of the Securities Exchange Act of 1934 or by a contract
market that is
designated by the Commodity Futures Trading Commission
pursuant to the
Commodity Exchange Act and the rules and regulations
thereunder.
"(h) Protection of Privacy. Nothing in this
chapter shall limit, impair,
or annul in any manner the protections under
Federal or State law or
regulation relating to the collection or use
of personally identifying
information, including medical information.
"SEC. 1406. CIVIL REMEDIES
"(a) Civil Actions. Any person who is injured
by a violation of section
1402 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 1402. 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 made
available or extracted in violation of section
1402, 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 1402, order the remedial
modification or destruction
of all copies of contents of a collection of
information made available or
extracted in violation of section 1402, 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 1402 has been
established in any civil action arising under
this section, the plaintiff
shall be entitled to recover the actual damages
sustained by the plaintiff
as a result of the violation and any profits
of the defendant that are
attributable to the violation and are not taken
into account in computing
the actual 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 and the defendant shall be required
to 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 that 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 if 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
and Employees Thereof. The
court shall reduce or remit entirely monetary
relief under subsection (d) if
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 a nonprofit educational, scientific,
or research institution,
library, or archives, or an employee or agent
of such an 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 brought 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.
"(h) Relief Against Internet Service Providers.
(1) The relief provided
under this section shall not be available against
any Internet service
provider unless such provider violates section
1402 willfully.
"(2) For purposes of this subsection, the
term 'Internet service
provider' means an entity offering the transmission,
routing, or providing
of connections for digital online communications,
between or among points
specified by a user, of material of the user's
choosing, without
modification to the content of the material as
sent or received.
"SEC. 1407. CRIMINAL OFFENSES AND PENALTIES
"(a) Violation.
"(1) In general.
Any person who violates section 1402
willfully either--
"(A) for purposes of direct or indirect
commercial advantage or
financial gain;
"(B) causes loss or damage aggregating $100,000
or more during any
1-year period to the person who gathered, organized,
or maintained the
information concerned; or
"(C) causes loss or damage aggregating $50,000
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 any
employee or agent
of a nonprofit educational, scientific, or research
institution, library,
archives, or law enforcement agency, or to any
employee or agent
of such an institution, library, archives, or agency
acting within
the scope of his or her employment.
"(b) Penalties. (1) Any person who commits
an offense under subsection
(a)(1)(A) shall be fined not more than $250,000,
imprisoned not more than 5
years, or both.
"(2) Any person who commits a second or
subsequent offense under
subsection (a)(1)(A) shall be fined not more
than $500,000, imprisoned not
more than 10 years, or both.
"(3) Any person who commits an offense under
subsection (a)(1)(B) shall
be fined not more than $250,000, imprisoned not
more than 3 years, or both.
"(4) Any person who commits a second or
subsequent offense under
subsection (a)(1)(B) shall be fined not more
than $500,000, imprisoned not
more than 6 years, or both.
"(5) Any person who commits an offense under
subsection (a)(1)(C) shall
be fined not more than $100,000, imprisoned not
more than 1 year, or both.
"(c) Victim Impact Statement. (1) During
preparation of the presentence
report pursuant to Rule 32(c) of the Federal
Rules of Criminal Procedure,
victims of the offense shall be permitted to
submit, and the probation
officer shall receive, a victim impact statement
that identifies the victim
of the offense and the extent and scope of the
injury and loss suffered by
the victim, including the estimated economic
impact of the offense on that
victim.
"(2) Persons permitted to submit victim impact statements shall include--
"(A) persons who
gathered, organized, or maintained the
information affected
by conduct involved in the offense; and
"(B) the legal representatives of such persons.
"SEC. 1408. DEFENSES TO CLAIMS
"(a) Affirmative Defense When User Cannot
Determine When Collection
First Offered in Commerce. No monetary relief
shall be available for a
violation of section 1402 if the person who made
available or extracted all
or a substantial part of the collection of information
that is the source of
the violation could not reasonably determine
whether the date on which the
portion of the collection that was made available
or extracted was first
offered in commerce following the investment
of resources that qualified
that portion of the collection for protection
under this chapter by the
person claiming protection under this chapter
or that person's predecessor
in interest was a date more than 15 years prior
to making available or
extracting the information.
"(b) Notice. In the case of a collection
of information into which all
or a substantial part of a government collection
of information is
incorporated after the effective date of this
chapter, no monetary relief
shall be available for a violation of section
1402 unless a statement
appeared in connection with the version of the
collection of information
from which the information was made available
or extracted, in a manner and
location so as to give reasonable notice, identifying
the government
collection and the government entity from which
it was obtained.
"(c) Access to Government Information.
"(1) In general.
In the case of a collection of information
that incorporates
all or a substantial part of a government collection
of information,
a nonprofit educational, scientific, or research
institution, library,
or archives, or an employee or agent of such an
institution, library,
or archives, acting within the scope of his or
her employment,
shall have a complete defense to an action for a
violation of section
1402 for extracting the government information,
if all of the
following circumstances apply:
"(A) The government information was not
publicly available from the
government or reasonably available from any other
source.
"(B) The information was extracted for the
purpose of engaging in
nonprofit educational, scientific, or research
activities and not for the
purpose of offering the information obtained
for sale or otherwise in the
market.
"(C) Prior to extracting the government
information, the person who
extracted it--
"(i) made reasonable, good faith efforts
to obtain the information from
other sources; and
"(ii) made a written request to the person
asserting protection under
this chapter, which clearly identified the information
to be extracted and
described the reasonable, good faith efforts
made under clause (i).
"(D) The person claiming protection under
this chapter did not make the
government information available within a reasonable
time after receipt of
the request, in any form of that person's choosing,
including the form in
which the government information was first obtained
from the government
entity or its employee, agent, or exclusive licensee,
at the cost of the
information's identification, extraction, and
delivery.
"(2) Applicability.--This
subsection applies only to
collections of
information existing before the effective date of this
chapter and only
if the person claiming protection under this chapter
can reasonably
identify and extract the requested information in the
form first obtained
from the government entity, employee, agent, or
exclusive licensee.
"SEC. 1409. 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 case of action
arises or claim accrues.
"(c) Additional Limitation.--No criminal
or civil action shall be
maintained under this chapter for making available
or extracting all or a
substantial part of a collection of information
that occurs more than 15
years after the portion of the collection that
is made available or
extracted was first offered in commerce following
the investment of
resources that qualified that portion of the
collection for protection under
this chapter. In no case shall any protection
under this chapter resulting
from a substantial investment of resources in
maintaining a preexisting
collection prevent any information from being
made available or extracted
from a copy of the preexisting collection after
the 15 years have expired
with respect to the portion of that preexisting
collection that is so made
available or extracted, and no liability under
this chapter shall thereafter
attach to the making available or extraction
of such information.
"(d) Burden of Proof on Plaintiff To Show
Portion First Offered in
Commerce No More Than 15 Years Old.--No action
for a violation of section
1402 may be maintained unless the person claiming
protection under this
chapter proves that the date on which the portion
of the collection that was
made available or extracted was first offered
by that person or that
person's predecessor in interest in commerce
following the investment of
resources that qualified that portion of the
collection for protection under
this chapter was no more than 15 years prior
to the time when it was made
available or extracted by the defendant.
"SEC. 1410. STUDY AND REPORT
"No later than 3 years after the date of
the enactment of this chapter,
the Register of Copyrights and the Assistant
Attorney General, Antitrust
Division of the Department of Justice, shall
conduct a joint study and
submit a joint report to Congress on whether
the defense provided for in
section 1408(c) should be expended to include
collections of information
that do not incorporate all or a substantial
part of a government collection
of information where the extracted information
is not publicly available
from any other source.".
SEC. 3. CONFORMING AMENDMENTS.
(A) Table of Chapters.--The table of chapters
for title 17, United
States Code, is amended by adding at the end
the following:
(b) District Court Jurisdiction.--(1) Section
1338 of title 28, United
States Code, is amended--
(A) in the section
heading by striking "trademarks," and
inserting "trademarks,
collections of information,";
(B) in subsection
(a) by striking "trade-marks" and inserting
"trademarks";
(C) in subsection
(b) by striking "trade-mark" and inserting
"trademark"; and
(D) by adding at the end the following:
"(d) The district courts shall have original
jurisdiction of any civil
action arising under chapter 14 of title 17,
relating to 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.".
(2) The item relating to section 1338 in
the table of sections for
chapter 85 of title 28, United States Code, is
amended by striking
"trade-marks," and inserting "trademarks, collections
of information,".
(c) Place for Bringing Actions.--(1) Section
1400 of title 28, United
States Code, is amended by adding at the end
the following:
"(c) Civil actions arising under chapter
14 of title 17, relating to
collections of information, may be brought in
the district in which the
defendant or the defendant's agent resides or
may be found.".
(2) The section heading for section 1400
of title 28, United States
Code, is amended to read as follows:
"SEC. 1400. PATENTS AND COPYRIGHTS, MASK WORKS,
DESIGNS, AND COLLECTIONS
OF INFORMATION".
(3) The item relating to section 1400 in
the table of sections at the
beginning of chapter 87 of title 28, United States
Code, is amended to read
as follows:
"1400. Patents and copyrights, mask works, designs,
and collections of
information.".
(d) 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 14 of
title 17" after "chapter 9 of
title 17".
SEC. 4. EFFECTIVE DATE.
(a) In General.--This title and the amendments
made by this title shall
take effect on the date of the enactment of this
Act, and shall apply to
acts of extraction and making available of information
that are committed on
or after that date.
(b) Prior Acts Not Affected.--No person
shall be liable under chapter 14
of title 17, United States Code, as added by
section 2 of this Act, for
making available 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