,,ii #aafth ,,congress #b;d ,session ,s4 #dgeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjbj,mr4 ,manchin 7for himself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,see ,something1 ,say ,something ,online ,act of #bjbj4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 7commonly known as the ,communications ,decency ,act of #aiif7 was never intended to provide legal protection for websites or interactive computer services that do nothing after becoming aware of instances of individuals or groups planning1 committing1 promoting1 and facilitating terrorism1 serious drug offenses1 and violent crimes2 7#b7 it is not the intent of this ,act to remove or strip all liability protection from websites or interactive computer services that are proactively working to resolve these issues2 and 7#c7 should websites or interactive service providers fail to exercise due care in the implementation1 filing of the suspicious transmission activity reports1 and reporting of major crimes1 ,congress intends to look at removing liability protections under the ,communications ,decency ,act of #aiif in its entirety4 #c4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,justice4 7#b7 ,interactive computer service ,the term interactive computer service has the meaning given the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#c7 ,known suspicious transmission ,the term known suspicious transmission is any suspicious transmission that an interactive computer service should have reasonably known to have occurred or have been notified of by a director1 officer1 employee1 agent1 interactive computer service user1 or ,state or ,federal law enforcement agency4 7#d7 ,major crime ,the term major crime means a ,federal criminal offense-- 7,a7 that is a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code72 7,b7 relating to domestic or international terrorism 7as those terms are defined in section #bcca of title #ah1 ,united ,states ,code72 and 7,c7 that is a serious drug offense 7as defined in section #ibd7;e7 of title #ah1 ,united ,states ,code74 7#e7 ,,star ,the term ,,star means a suspicious transmission activity report required to be submitted under section #c4 7#f7 ,suspicious transmission ,the term suspicious transmission means any public or private post1 message1 comment1 tag1 transaction1 or any other user-generated content or transmission that commits1 facilitates1 incites1 promotes1 or otherwise assists the commission of a major crime4 #d4 ,reporting of suspicious activity 7a7 ,mandatory reporting of suspicious transmissions 7#a7 ,in general ,if a provider of an interactive computer service detects a suspicious transmission1 the interactive computer service1 including any director1 officer1 employee1 agent1 or representative of such provider1 shall submit to the ,department a ,,star describing the suspicious transmission in accordance with this section4 7#b7 ,requirements 7,a7 ,in general ,except as provided in subparagraph 7,c71 a ,,star required to be submitted under paragraph 7#a7 shall be submitted not later than #cj days after the date on which the interactive computer service-- 7i7 initially detects the suspicious transmission2 or 7ii7 is alerted to the suspicious transmission on the platform of such service4 7,b7 ,immediate notification ,in the case of a suspicious transmission that requires immediate attention1 such as an active sale or solicitation of sale of drugs or a threat of terrorist activity1 the provider of an interactive computer service shall-- 7i7 immediately notify1 by telephone1 an appropriate law enforcement authority2 and 7ii7 file a ,,star in accordance with this section4 7,c7 ,delay of submission ,the #cj-;day period described in subparagraph 7,a7 may be extended by #cj days if the provider of an interactive computer service provides a valid reason to the agency designated or established under subsection 7b77#b74 7b7 ,reporting process 7#a7 ,in general ,the ,attorney ,general shall establish a process by which a provider of an interactive computer service may submit ,s,t,a,rs under this section4 7#b7 ,designated agency 7,a7 ,in general ,in carrying out this section1 the ,attorney ,general shall designate an agency within the ,department1 or1 if the ,attorney ,general determines appropriate1 establish a new agency within the ,department1 to which ,s,t,a,rs should be submitted under subsection 7a74 7,b7 ,consumer reporting ,the agency designated or established under subparagraph 7,a7 shall establish a centralized online resource1 which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency4 7,c7 ,cooperation with industry ,the agency designated or established under subparagraph 7,a7-- 7i7 may conduct training for enforcement agencies and for providers of interactive computer services on how to cooperate in reporting suspicious activity2 7ii7 may develop relationships for promotion of reporting mechanisms and resources available on the centralized online resource required to be established under subparagraph 7,b72 and 7iii7 shall coordinate with the ,national ,white ,collar ,crime ,center to convene experts to design training programs for ,state and local law enforcement agencies1 which may include using social media1 online ads1 paid placements1 and partnering with expert nonprofit organizations to promote awareness and engage with the public4 7c7 ,contents ,each ,,star submitted under this section shall contain1 at a minimum-- 7#a7 the name1 location1 and other such identification information as submitted by the user to the provider of the interactive computer service2 7#b7 the date and nature of the post1 message1 comment1 tag1 transaction1 or other user-generated content or transmission detected for suspicious activity such as time1 origin1 and destination2 and 7#c7 any relevant text1 information1 and metadata related to the suspicious transmission4 7d7 ,retention of records and nondisclosure 7#a7 ,retention of records ,each provider of an interactive computer service shall-- 7,a7 maintain a copy of any ,,star submitted under this section and the original record equivalent of any supporting documentation for the #e-year period beginning on the date on which the ,,star was submitted2 7,b7 make all supporting documentation available to the ,department and any appropriate law enforcement agencies upon request2 and 7,c7 not later than #cj days after the date on which the interactive computer service submits a ,,star under this section1 take action against the website or account reported unless the provider of an interactive computer service receives a notification from a law enforcement agency that the website or account should remain open4 7#b7 ,nondisclosure ,except as otherwise prescribed by the ,attorney ,general1 no provider of an interactive computer service1 or officer1 director1 employee1 or agent of such a provider1 subject to an order under subsection 7a7 may disclose the existence of1 or terms of1 the order to any person4 7e7 ,disclosure to other agencies 7#a7 ,in general ,subject to paragraph 7#b71 the ,attorney ,general shall-- 7,a7 ensure that ,s,t,a,rs submitted under this section and reports from the public submitted under subsection 7b77#b77;,b7 are referred as necessary to the appropriate ,federal1 ,state1 or local law enforcement or regulatory agency2 7,b7 make information in a ,,star submitted under this section available to an agency1 including any ,state financial institutions supervisory agency or ,united ,states intelligence agency1 upon request of the head of the agency2 and 7,c7 develop a strategy to disseminate relevant information in a ,,star submitted under this section in a timely manner to other law enforcement and government agencies1 as appropriate1 and coordinate with relevant nongovernmental entities1 such as the ,national ,center for ,missing and ,exploited ,children4 7#b7 ,limitation ,the ,attorney ,general may only make a ,,star available under paragraph 7#a7 for law enforcement purposes4 7f7 ,compliance ,any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c774 7g7 ,application of ,,foia ,any ,,star submitted under this section1 and any information therein or record thereof1 shall be exempt from disclosure under section #eeb of title #e1 ,united ,states ,code1 or any similar ,state1 local1 ,tribal1 or territorial law4 7h7 ,rulemaking authority ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall promulgate regulations to carry out this section4 7i7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report describing the plan of the ,department for implementation of this ,act1 including a breakdown of the costs associated with implementation4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out this ,act4 #e4 ,amendment to ,communications ,decency ,act ,section #bcj7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;e77 is amended by adding at the end the following3 7#f7 ,loss of liability protection for failure to submit suspicious transmission activity report 7,a7 ,requirement ,any provider of an interactive computer service shall take reasonable steps to prevent or address unlawful users of the service through the reporting of suspicious transmissions4 7,b7 ,failure to comply ,any provider of an interactive computer service that fails to report a known suspicious transmission may be held liable as a publisher for the related suspicious transmission4 7,c7 ,rule of construction ,nothing in this paragraph shall be construed to impair or limit any claim or cause of action arising from the failure of a provider of an interactive computer service to report a suspicious transmission4 4