,,ii  #aafth ,,congress  #ast ,session  
,s4 #bieg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ba1 
#bjai,mr4 ,blumenthal 7for himself1 ,mr4
 ,schumer1 and ,mr4 ,udall7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on      
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to prohibit the           
circumvention of control measures used  
by ,internet retailers to ensure        
equitable consumer access to products1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,stopping ,grinch ,bots ,act of #bjai4  
#b4 ,unfair and deceptive acts and      
practices relating to circumvention of  
online access control measures  7a7     
,conduct prohibited  7#a7 ,in general   
,except as provided in paragraph 7#b71  
it shall be unlawful for any person--   
7,a7 to circumvent a security measure1  
access control system1 or other         
technological control or measure on an  
,internet website or online service to  

enforce posted purchasing limits or to  
manage inventory2 or  7,b7 to sell or   
offer to sell any product or service in 
interstate commerce obtained in         
violation of subparagraph 7,a7 if the   
person selling or offering to sell the  
product or service--  7i7 participated  
directly in or had the ability to       
control the conduct in violation of     
subparagraph 7,a72 or  7ii7 knew or     
should have known that the product or   
service was acquired in violation of    
subparagraph 7,a74  7#b7 ,exception ,it 
shall not be unlawful under this section
 for a person to create or use any      
computer software or system--  7,a7 to  
investigate1 or further the enforcement 
or defense1 of any alleged violation of 
this section or other statute or        
regulation2 or  7,b7 to engage in       
research necessary to identify and      
analyze flaws and vulnerabilities of    
measures1 systems1 or controls described
 in paragraph 7#a77;,a71 if these       
research activities are conducted--  7i7

 to advance the state of knowledge in   
the field of computer system security2  
or  7ii7 to assist in the development of
 computer security product4  7b7        
,enforcement by the ,federal ,trade     
,commission  7#a7 ,unfair or deceptive  
acts or practices ,a violation of       
subsection 7a7 shall be treated as a    
violation of a rule defining an unfair  
or a deceptive act or practice under    
section #ah7;a77#a77;,b7 of the ,federal
 ,trade ,commission ,act 7#ae ,u4,s4,c4 
#eg;a7a77#a77;,b774  7#b7 ,powers of    
,commission  7,a7 ,in general ,the      
,commission shall enforce this section  
in the same manner1 by the same means1  
and with the same jurisdiction1 powers1 
and duties as though all applicable     
terms and provisions of the ,federal    
,trade ,commission ,act 7#ae ,u4,s4,c4  
#da et seq47 were incorporated into and 
made a part of this section4  7,b7      
,privileges and immunities ,any person  
who violates subsection 7a7 shall be    
subject to the penalties and entitled to

 the privileges and immunities provided 
in the ,federal ,trade ,commission ,act 
7#ae ,u4,s4,c4 #da et seq474  7,c7      
,authority preserved ,nothing in this   
,act shall be construed to limit the    
authority of the ,commission under any  
other provision of law4  7c7            
,enforcement by ,states  7#a7 ,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 7a7 in a practice that       
violates such subsection1 the attorney  
general of the ,state may1 as parens    
patriae1 bring a civil action on behalf 
of the residents of the ,state in an    
appropriate district court of the       
,united ,states--  7,a7 to enjoin       
further violation of such subsection by 
such person2  7,b7 to compel compliance 
with such subsection2 and  7,c7 to      
obtain damages1 restitution1 or other   

compensation on behalf of such          
residents4  7#b7 ,rights of ,federal    
,trade ,commission  7,a7 ,notice to     
,federal ,trade ,commission  7i7 ,in    
general ,except as provided in clause   
7iii71 the attorney general of a ,state 
shall notify the ,commission in writing 
that the attorney general intends to    
bring a civil action under paragraph    
7#a7 not later than #aj days before     
initiating the civil action4  7ii7      
,contents ,the notification required by 
clause 7i7 with respect to a civil      
action shall include a copy of the      
complaint to be filed to initiate the   
civil action4  7iii7 ,exception ,if it  
is not feasible for the attorney general
 of a ,state to provide the notification
 required by clause 7i7 before          
initiating a civil action under         
paragraph 7#a71 the attorney general    
shall notify the ,commission immediately
 upon instituting the civil action4     
7,b7 ,intervention by ,federal ,trade   
,commission ,the ,commission may-- 7i7  

intervene in any civil action brought by
 the attorney general of a ,state under 
paragraph 7#a72 and  7ii7 upon          
intervening--  7,i7 be heard on all     
matters arising in the civil action2 and
  7,,ii7 file petitions for appeal of a 
decision in the civil action4  7#c7     
,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 investigations1 to    
administer oaths or affirmations1 or to 
compel the attendance of witnesses or   
the production of documentary or other  
evidence4  7#d7 ,action by ,federal     
,trade ,commission ,if the ,commission  
institutes a civil action or an         
administrative action with respect to a 
violation of subsection 7a71 the        
attorney general of a ,state may not1   
during the pendency of such action1     
bring a civil action under paragraph    
7#a7 against any defendant named in the 

complaint of the ,commission for the    
violation with respect to which the     
,commission instituted such action4     
7#e7 ,venue2 service of process  7,a7   
,venue ,any action brought under        
paragraph 7#a7 may be brought in--  7i7 
the district court of the ,united       
,states that meets applicable           
requirements relating to venue under    
section #acia of title #bh1 ,united     
,states ,code2 or  7ii7 another court of
 competent jurisdiction4  7,b7 ,service 
of process ,in an action brought under  
paragraph 7#a71 process may be served in
 any district in which the defendant--  
7i7 is an inhabitant2 or  7ii7 may be   
found4  7#f7 ,actions by other ,state   
officials  7,a7 ,in general ,in addition
 to civil actions brought by attorneys  
general under paragraph 7#a71 any other 
consumer protection officer of a ,state 
who is authorized by the ,state to do so
 may bring a civil action under         
paragraph 7#a71 subject to the same     
requirements and limitations that apply 

under this subsection to civil actions  
brought by attorneys general4  7,b7     
,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    
,state4  #c4 ,definitions ,in this ,act3
 7#a7 ,commission ,the term ,commission 
means the ,federal ,trade ,commission4  
7#b7 ,posted ,the term posted means     
clearly and conspicuously published on  
an ,internet website4