PRINTER'S NO. 1836
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1647
Session of
2021
INTRODUCED BY MALAGARI, KINSEY, HILL-EVANS, SCHLOSSBERG, CIRESI,
McNEILL, SANCHEZ, NEILSON, DRISCOLL, DELLOSO, FREEMAN,
PISCIOTTANO, INNAMORATO AND DALEY, JUNE 16, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 16, 2021
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," providing for online access control measures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection Law,
is amended by adding a section to read:
Section 3.2. Online Access Control Measures.--(a) Except as
provided in subsection (b), it shall be unlawful for any person
in this Commonwealth to:
(1) Circumvent a security measure, access a control system
or other technological control or measure on an Internet website
or online service to enforce posted purchasing limits or to
manage inventory.
(2) Sell or offer to sell any product or service obtained in
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violation of paragraph (1) 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 paragraph (1); or
(ii) knew or should have known that the product or service
was acquired in violation of paragraph (1).
(b) It shall not be unlawful under this act for a person to
create or use any computer software or system to:
(1) investigate or further the enforcement or defense of any
alleged violation of this section or other statute or
regulation; or
(2) engage in research necessary to identify and analyze
flaws and vulnerabilities of measures, systems or controls
described in subsection (a), if these research activities are
conducted to:
(i) advance the state of knowledge in the field of computer
system security; or
(ii) assist in the development of a computer security
product.
Section 2. This act shall take effect in 60 days.
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