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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6837 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6837
To prohibit the circumvention of control measures used by internet
retailers to ensure equitable consumer access to products, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 14, 2023
Mr. Tonko introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit the circumvention of control measures used by internet
retailers to ensure equitable consumer access to products, and for
other purposes.
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 ``Stopping Grinch Bots Act of 2023''.
SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATING TO CIRCUMVENTION
OF ONLINE ACCESS CONTROL MEASURES.
(a) Conduct Prohibited.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person--
(A) to circumvent a security measure, access
control system, or other technological control or
measure on an internet website or online service to
enforce posted purchasing limits or to manage
inventory; or
(B) to sell or offer to sell any product or service
in interstate commerce obtained in violation of
subparagraph (A) if the person selling or offering to
sell the product or service--
(i) participated directly in or had the
ability to control the conduct in violation of
subparagraph (A); or
(ii) knew or should have known that the
product or service was acquired in violation of
subparagraph (A).
(2) Exception.--It shall not be unlawful under this section
for a person to create or use any computer software or system--
(A) to investigate, or further the enforcement or
defense, of any alleged violation of this section or
other statute or regulation; or
(B) to engage in research necessary to identify and
analyze flaws and vulnerabilities of measures, systems,
or controls described in paragraph (1)(A), if these
research activities are conducted--
(i) to advance the state of knowledge in
the field of computer system security; or
(ii) to assist in the development of
computer security product.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule
defining an unfair or a deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates subsection (a) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C.
41 et seq.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(a) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin further violation of such subsection
by such person;
(B) to compel compliance with such subsection; and
(C) to obtain damages, restitution, or other
compensation on behalf of such residents.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) not later than 10
days before initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Action by federal trade commission.--If the Commission
institutes a civil action or an administrative action with
respect to a violation of subsection (a), the attorney general
of a State may not, during the pendency of such action, bring a
civil action under paragraph (1) against any defendant named in
the complaint of the Commission for the violation with respect
to which the Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other consumer protection officer of a State who is
authorized by the State to do so may bring a civil
action under paragraph (1), subject to the same
requirements and limitations that apply under this
subsection to civil actions brought by attorneys
general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Posted.--The term ``posted'' means clearly and
conspicuously published on an internet website.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Innovation, Data, and Commerce.
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