II 115th CONGRESS 2d Session S. 3732 IN THE SENATE OF THE UNITED STATES December 10, 2018 Mr. Perdue introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission from compelling a person to produce or furnish algorithmic trading source code or similar intellectual property to that agency unless the agency first issues a subpoena.

1. Short title This Act may be cited as the Protection of Source Code Act . 2. Procedure for obtaining certain intellectual property Section 8 of the Commodity Exchange Act ( 7 U.S.C. 12 ) is amended by adding at the end the following: (j) Under this Act, the Commission may not compel a person to produce or furnish source code, including algorithmic trading source code or similar intellectual property that forms the basis for design of the source code, to the Commission unless the Commission first issues a subpoena. .