United States 113th Congress Status: Died 1 R cosponsors

S 1770 — FAIR Act

Last action — Read twice and referred to the Committee on the Judiciary.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Future of American Innovation and Research Act of 2013 or the FAIR Act - Authorizes the owner or lawful possessor of a covered trade secret (that is related to or included in a product or service that is used in or reasonably anticipated to be used in interstate or foreign commerce) to bring a civil action in a U.S. district court against a person (including a legal or commercial entity) who misappropriates, threatens to misappropriate, or conspires to misappropriate such trade secret: (1) while located outside the territorial jurisdiction of the United States; or (2) on behalf of, or for the benefit of, a person located outside such territorial jurisdiction. Defines "misappropriate" as the acquisition or disclosure of a trade secret under specified circumstances through improper means, including theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic means. Excludes reverse engineering or independent derivation from the categories of improper means when such activity alone is the only alleged conduct. Permits an action to arise from conduct outside the territorial jurisdiction of the United States if the conduct, either by itself or in combination with conduct within the territorial jurisdiction of the United States, causes or is reasonably anticipated to cause an injury: (1) within the territorial jurisdiction of the United States, or (2) to a U.S. person. Provides for an affirmative defense to such an action if each alleged trade secret in dispute was readily ascertainable through proper means by other persons who did not already know the trade secret at the time of the alleged conduct. Authorizes a court, upon an ex parte application, to order the seizure of any property used to commit or facilitate specified conduct alleged in the civil action.

Bill Text

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Read S 1770 on the official United States source →

Action History

  1. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does S 1770 do?
Future of American Innovation and Research Act of 2013 or the FAIR Act - Authorizes the owner or lawful possessor of a covered trade secret (that is related to or included in a product or service that is used in or reasonably anticipated to be used in interstate or foreign commerce) to bring a civil action in a U.S. district court against a person (including a legal or commercial entity) who misappropriates, threatens to misappropriate, or conspires to misappropriate such trade secret: (1) while located outside the territorial jurisdiction of the United States; or (2) on behalf of, or for the benefit of, a person located outside such territorial jurisdiction. Defines "misappropriate" as the acquisition or disclosure of a trade secret under specified circumstances through improper means, including theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic means. Excludes reverse engineering or independent derivation from the categories of improper means when such activity alone is the only alleged conduct. Permits an action to arise from conduct outside the territorial jurisdiction of the United States if the conduct, either by itself or in combination with conduct within the territorial jurisdiction of the United States, causes or is reasonably anticipated to cause an injury: (1) within the territorial jurisdiction of the United States, or (2) to a U.S. person. Provides for an affirmative defense to such an action if each alleged trade secret in dispute was readily ascertainable through proper means by other persons who did not already know the trade secret at the time of the alleged conduct. Authorizes a court, upon an ex parte application, to order the seizure of any property used to commit or facilitate specified conduct alleged in the civil action.
Who sponsors S 1770?
S 1770 is sponsored by Jeff Flake (R).
What is the current status of S 1770?
This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 1770?
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