HLS 11RS-2881 ORIGINAL
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Regular Session, 2011
HOUSE STUDY REQUEST NO. 7
BY REPRESENTATIVE FOIL
CONSUMERS/PROTECTI ON: Requests the House Committee on Commerce to study the
problems surrounding the use of stolen or misappropriated information technology
A STUDY REQUEST1
To the House Committee on Commerce to study the problems surrounding the use of stolen2
and misappropriated information technology and to report its findings to the House3
of Representatives no later than sixty days prior to the convening of the 20124
Regular Session of the Legislature of Louisiana.5
WHEREAS, manufacturers are a vital source of jobs and economic growth in the6
state of Louisiana; and7
WHEREAS, law abiding manufacturers in this state suffer lost sales, market share,8
and jobs when they are forced to compete against companies that use stolen or9
misappropriated information technology to reduce production costs and gain a competitive10
edge; and11
WHEREAS, the theft of American information technology is particularly rampant12
in foreign markets, reaching as high as ninety percent in some countries; and13
WHEREAS, information technology theft costs the United States economy thousands14
of jobs and billions of dollars in economic growth; and15
WHEREAS, the use of stolen or misappropriated information technology unfairly16
lowers manufacturers' costs of production by tens if not hundreds of thousands of dollars;17
and18
WHEREAS, manufacturers that knowingly use significant amounts of stolen or19
misappropriated information technology to reduce their costs should not be allowed to20
benefit from their illegal acts; and21 HSR NO. 7
HLS 11RS-2881 ORIGINAL
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WHEREAS, existing laws relating to unfair trade practices do not adequately address1
the harms that occur when manufacturers use stolen or misappropriated information2
technology to gain an unfair competitive advantage over companies that play by the rules;3
and4
WHEREAS, it is important for the state of Louisiana to enable effective recourse5
against manufacturers that obtain an unlawful competitive advantage by using stolen or6
misappropriated information technology to make goods; and7
WHEREAS, to accomplish this purpose, law abiding manufacturers who have8
suffered economic harm from a directly competing manufacturer's sale of products made9
using stolen or misappropriated information technology should be allowed to pursue a cause10
of action against the company that used the stolen or misappropriated information11
technology; and12
WHEREAS, the remedies available to the law abiding manufacturer in such cases13
should be limited to ensure that the relief obtained is proportional to the harm; and14
WHEREAS, to safeguard against the possibility of frivolous litigation or other15
negative consequences, the law should also provide carefully circumscribed procedures and16
exemptions designed to protect businesses that make good faith efforts to act in accordance17
with their legal responsibilities.18
THEREFORE, the House of Representatives of the Legislature of Louisiana requests19
the House Committee on Commerce to study the problems surrounding the use of stolen and20
misappropriated information technology and to report its findings to the House of21
Representatives no later than sixty days prior to the convening of the 2012 Regular Session22
of the Legislature of Louisiana.23
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HSR No. 7
Requests the House Committee on Commerce to study the problems surrounding the use of
stolen and misappropriated information technology and report its findings no later than 60
days prior to the 2012 R.S.