Sec. 5. Rules of construction

402 words·~2 min read·/bill/119/hr/5313/ih/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Nothing in this Act may be construed— to limit— any authority of the Federal Trade Commission under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), or any other provision of law; or the application of any Federal law; to require a covered company— to provide service under a hardware or software warranty for damage caused by a third-party app or app store installed through means other than an app store owned or controlled by the covered company; or to provide customer service for the installation or operation of such a third-party app or app store; to prevent an action taken by a covered company that is reasonably tailored to protect the rights of a person under section 106, 1101, 1201, or 1401 of title 17, United States Code, or rights actionable under sections 32 or 43 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Lanham Act or the Trademark Act of 1946 ) ( 15 U.S.C. 1114 , 1125), or corollary State law; to require a covered company to license any intellectual property, including any trade secrets, owned by or licensed to the covered company; to prevent a covered company from asserting rights of the covered company under intellectual property law to prevent the unlawful use of any intellectual property owned by or duly licensed to the covered company; to require a covered company to work with or share data with any person who— is on any list maintained by the Federal Government by which entities are identified as limited or prohibited from engaging in economic transactions as part of United States sanctions or export control regimes; is a foreign entity that has been identified by the Federal Government as a national security, intelligence, or law enforcement risk, including the Government of the People’s Republic of China or the government of a foreign adversary (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 473 U.S.C. 1607(c)(2) )); or is a foreign adversary controlled application (as defined in section 2(g)(3) of the Protecting Americans from Foreign Adversary Controlled Applications Act ( Public Law 118–50 ; 15 U.S.C. 9901 note)); or to limit any Federal or State law relating to antitrust.

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