,,ii #aahth ,,congress #ast ,session ,s4 #agbh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjbc,ms4 ,hassan 7for herself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit the delivery of opioids by means of the dark web1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,dark ,web ,interdiction ,act of #bjbc4 #b4 ,findings and sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,the dark web is made up of websites and other network services that leverage overlay networks providing anonymity4 ,these overlay networks use the internet but require specific software and configurations to access4 ,the overlay networks use multiple encrypted traffic relays for which an individual relay computer knows its source of information and where the individual computer is sending the information but never knows both the original source and ultimate destination of the traffic simultaneously4 ,this anonymity has provided criminals with the ability to host illicit material in a way that circumvents the ability of law enforcement agencies to serve legal process to remove or effectively investigate websites offering illegal content or goods for purchase or sharing4 7#b7 ,dark web marketplaces include e-commerce websites based on the dark web on which individuals use virtual currencies to engage in transactions involving drugs1 weapons1 malware1 counterfeit currency1 stolen credit cards1 personal identifying information1 forged documents1 unlicensed pharmaceuticals1 and other illicit goods4 7#c7 ,due to the anonymity provided by the dark web1 illicit activities can be hosted from anywhere in the world without accountability to-- 7,a7 the ,federal ,government2 7,b7 ,federal laws2 or 7,c7 any other government or system of laws4 7#d7 ,the use of the dark web to distribute illegal drugs has contributed and continues to contribute to the substance abuse crisis that is devastating communities across the ,united ,states4 ,this devastation is due in large part to the fact that the dark web has made illicit goods obtainable anonymously4 7#e7 ,law enforcement agencies at every level of government continue to investigate drug trafficking and the sale of illegal goods and services through the dark web that occurs as a result of interactions on the dark web1 both within the ,united ,states and at the international border of the ,united ,states1 but the increased anonymity the internet provides has made it more difficult to identify and prosecute the individuals and organizations who-- 7,a7 administer or otherwise operate websites on the dark web that facilitate the distribution of illegal drugs1 goods1 or services2 or 7,b7 buy and sell illegal drugs1 goods1 or services through illicit marketplaces hosted on the dark web4 7#f7 ,despite difficulties in identifying and locating individuals and organizations who engage in drug trafficking on the dark web1 law enforcement agencies have been effective in investigating and prosecuting the distribution of illegal drugs through illicit marketplaces on the dark web1 as evidenced by ,operation ,disrup,tor1 which-- 7,a7 was announced in ,september #bjbj2 7,b7 resulted in-- 7i7 #agi arrests worldwide1 including #aba arrests in the ,united ,states2 7ii7 the seizure of approximately #ejj kilograms of drugs worldwide1 including #bgd kilograms of drugs in the ,united ,states2 and 7iii7 the seizure of more than #f1ejj1jjj worth of virtual currencies and cash2 and 7,c7 is an example of one of many cases conducted jointly by-- 7i7 the ,federal ,bureau of ,investigation2 7ii7 the ,drug ,enforcement ,administration2 7iii7 ,immigration and ,customs ,enforcement2 7iv7 ,homeland ,security ,investigations2 7v7 ,united ,states ,customs and ,border ,protection2 7vi7 the ,united ,states ,postal ,inspection ,service2 7vii7 the ,financial ,crimes ,enforcement ,network2 7viii7 the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives2 7ix7 the ,naval ,criminal ,investigative ,service2 7x7 the ,department of ,justice2 7xi7 the ,department of ,defense2 and 7xii7 additional local1 ,state1 and international law enforcement partners4 7#g7 ,although law enforcement agencies have succeeded in investigating the distribution and sale of illegal drugs1 goods1 and services that occurs as a result of interactions on the dark web1 investigative and prosecutorial collaboration1 innovation1 and advancement are critical to-- 7,a7 increasing the capacity to combat the threat posed by the dark web and the illicit marketplaces hosted on the dark web2 and 7,b7 enhancing collaboration and coordination among ,federal1 ,state1 ,tribal1 local1 international and other law enforcement partners1 as appropriate4 7b7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the dark web and illicit marketplaces hosted on the dark web facilitate the distribution of illegal drugs and pose a unique threat to the public health and national security in the ,united ,states2 and 7#b7 ,congress should-- 7,a7 support law enforcement agencies and prosecutors at the ,federal1 ,state1 ,tribal1 local1 and international levels in their efforts to investigate and prosecute the distribution of illegal drugs1 goods1 and services through the dark web2 and 7,b7 increase the investigative and prosecutorial tools available to law enforcement agencies and prosecutors to address the distribution of illegal drugs1 goods1 and services through the dark web4 #c4 ,definitions ,in this ,act3 7#a7 ,dark web ,the term dark web has the meaning given the term in subsection 7i7 of section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda71 as added by section #d of this ,act4 7#b7 ,director ,the term ,director means the ,director of the task force4 7#c7 ,illicit marketplace ,the term illicit marketplace means a website on the dark web on which individuals can use virtual currency to engage in transactions involving drugs1 weapons1 malware1 counterfeit currency1 stolen credit cards1 personal identifying information1 forged documents1 or other illicit goods4 7#d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,opioid ,the term opioid has the meaning given the term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#f7 ,task force ,the term task force means the ,joint ,criminal ,opioid and ,darknet ,enforcement ,task ,force established under section #e7;a77#a74 #d4 ,offenses involving the dark web ,section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 is amended by adding at the end the following3 7i7 ,offenses involving dispensing of controlled substances by means of the dark web 7#a7 ,definition of dark web ,in this subsection1 the term dark web means a portion of the internet in which there are hidden sites and services that-- 7,a7 are not indexed by an internet search engine2 and 7,b7 are only accessible to users of specific devices1 software1 routing and anonymizing services1 authorizations1 or configurations that conceal the identities and locations of users4 7#b7 ,offense ,it shall be unlawful for any person to knowingly or intentionally-- 7,a7 deliver1 distribute1 or dispense a controlled substance by means of the dark web1 except as authorized by this title2 or 7,b7 aid or abet 7as such terms are used in section #b of title #ah1 ,united ,states ,code7 any activity described in subparagraph 7,a7 that is not authorized by this title4 7#c7 ,penalty ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall amend the ,federal sentencing guidelines and policy statements to provide for a #b-level increase above the sentence otherwise applicable for a violation of paragraph 7#b74 4 #e4 ,joint criminal opioid and darknet enforcement task force 7a7 ,establishment 7#a7 ,in general ,there is established in the ,federal ,bureau of ,investigation an interagency program that shall be known as the ,joint ,criminal ,opioid and ,darknet ,enforcement ,task ,force4 7#b7 ,director ,the task force shall be headed by a ,director1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7b7 ,purpose ,the purpose of the task force shall be to detect1 disrupt1 and dismantle illicit marketplaces4 7c7 ,components 7#a7 ,representatives ,the task force shall include representatives from-- 7,a7 the ,federal ,bureau of ,investigation2 7,b7 the ,drug ,enforcement ,administration2 7,c7 the ,united ,states ,postal ,inspection ,service2 7,d7 ,immigration and ,customs ,enforcement2 7,e7 the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives2 7,f7 ,homeland ,security ,investigations2 7,g7 ,united ,states ,customs and ,border ,protection2 7,h7 the ,department of ,defense2 7,i7 the ,financial ,crimes ,enforcement ,network2 and 7,j7 the ,department of ,justice4 7#b7 ,consultation ,the ,director may consult with any ,state1 ,tribal1 local1 or international department or agency the ,director determines necessary to carry out the purpose of the task force described in subsection 7b74 7d7 ,duties and functions ,to further the purpose of the task force described in subsection 7b71 the task force shall-- 7#a7 engage in-- 7,a7 proactive and reactive investigations2 and 7,b7 forensic and cyberforensic examinations2 7#b7 provide forensic and cyberforensic1 technical1 preventive1 and investigative training and assistance to-- 7,a7 prosecutors2 and 7,b7 law enforcement agencies2 7#c7 develop best practices to assist ,federal1 ,state1 ,tribal1 and local law enforcement agencies1 prosecutors1 and others1 as appropriate1 in the collection of evidence in order to determine and investigate possible nexuses to the dark web and virtual assets1 including-- 7,a7 evidence logging2 7,b7 evidence maintenance2 and 7,c7 evidence sharing2 7#d7 develop multijurisdictional and multiagency responses and partnerships with ,federal1 international1 local1 and other law enforcement agencies1 as appropriate1 by-- 7,a7 establishing procedures for information sharing2 7,b7 establishing lists of recommended specialized equipment and tools to investigate and prosecute the distribution of illicit drugs1 goods1 and services on the dark web2 and 7,c7 helping the agencies acquire the necessary knowledge1 personnel1 and specialized equipment to investigate and prosecute the distribution of illegal drugs1 goods1 and services through the dark web2 7#e7 create novel investigative approaches to-- 7,a7 target emerging technologies that facilitate the distribution of opioids through illicit marketplaces on the dark web2 and 7,b7 build forensic capacity and expertise to meet the challenges posed by the technologies2 7#f7 enhance collaboration and coordination with international partners2 and 7#g7 engage in any other activities the ,director determines necessary to carry out the duties of the task force4 7e7 ,guidance and training ,the task force shall provide guidance and training to officers and employees of the ,federal ,bureau of ,investigation and other ,federal1 international1 and other law enforcement agencies1 as appropriate1 relating to-- 7#a7 techniques and procedures to-- 7,a7 recognize evidence or potential evidence relating to the dark web2 and 7,b7 identify and recognize patterns and practices relating to the distribution of illegal drugs1 services1 and goods through the dark web2 7#b7 the types of information that should be collected and recorded in information technology systems used by the ,federal ,bureau of ,investigation to help-- 7,a7 identify administrators and operators of illicit marketplaces2 7,b7 identify vendors1 buyers1 and other individuals involved in the distribution of opioids through illicit marketplaces2 and 7,c7 detect1 disrupt1 and dismantle illicit marketplaces2 7#c7 procedures for systematic and routine information sharing within the ,federal ,bureau of ,investigation and between ,federal1 ,state1 ,tribal1 and local law enforcement agencies2 and 7#d7 any other training or guidance the ,director determines necessary to carry out the duties of the task force4 7f7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,director of the ,federal ,bureau of ,investigation1 acting through the ,director1 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report1 which shall include1 for the previous year-- 7#a7 a summary of the activities and accomplishments of the task force2 7#b7 a description of the investigative methods used by the task force1 including an assessment of the effectiveness of the methods2 7#c7 information on investigation and prosecution performance measures for the task force1 including-- 7,a7 the number of investigations the task force conducted or assisted2 7,b7 the number of illicit marketplaces detected1 disrupted1 or dismantled as a result of an investigation conducted or assisted by the task force2 7,c7 the number of arrests relating to an investigation conducted or assisted by the task force2 and 7,d7 statistics that account for the disposition of investigations by the task force that did not result in an arrest or a prosecution2 7#d7 an assessment of partnerships between the task force and other ,federal1 ,state1 ,tribal1 and local law enforcement agencies1 including the effectiveness of guidance and training provided by the task force to personnel of other ,federal1 ,state1 ,tribal1 and law enforcement agencies2 7#e7 an evaluation of the collaboration and coordination between the task force and international partners2 7#f7 recommendations for additional congressional or legislative action1 as appropriate1 that would be useful or necessary to achieve the purpose of the task force described in subsection 7b72 7#g7 a summary of how transactions involving the distribution of illegal drugs1 goods1 and services through the dark web are financed2 7#h7 a description of a plan to increase the capacity to investigate the distribution of illegal drugs1 goods1 and services through the dark web2 and 7#i7 recommendations for additional congressional or legislative action1 as appropriate1 that would improve the efforts of ,federal agencies to detect1 disrupt1 and dismantle illicit marketplaces1 including efforts to identify individuals and groups involved in the distribution of illegal drugs1 goods1 and services through the dark web4 7g7 ,funding ,the ,director shall carry out this section using amounts otherwise made available to the ,attorney ,general4 7h7 ,sunset ,this section shall cease to have force or effect on the date that is #e years after the date of enactment of this ,act4 #f4 ,report on virtual currencies ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,homeland ,security1 shall submit to ,congress a report on the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web1 which shall include-- 7#a7 a summary of how virtual currencies are-- 7,a7 used to finance transactions involving the distribution of opioids through illicit marketplaces on the dark web2 and 7,b7 exchanged in the course of transactions described in subparagraph 7,a71 including transactions involving-- 7i7 peer-to-peer networks2 7ii7 virtual currency2 7iii7 money transmitters2 or 7iv7 other financial institutions2 7#b7 the number of instances involving the distribution of opioids through illicit marketplaces on the dark web in which an individual involved used a virtual currency to finance the distribution2 7#c7 the most common types of virtual currencies used by individuals involved in the distribution of opioids through illicit marketplaces on the dark web2 7#d7 an assessment of the capacity to investigate the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web1 including-- 7,a7 efforts to assist financial institutions in detecting1 identifying1 and reporting suspicious activity and money laundering2 7,b7 efforts to obtain financial records and other documents from virtual currency operators and exchanges2 7,c7 training and guidance to ,federal1 ,state1 ,tribal1 and local law enforcement agencies and prosecutors2 and 7,d7 coordination and collaboration with international partners2 and 7#e7 recommendations for additional congressional or legislative action that would improve the efforts of ,federal agencies to detect1 disrupt1 and dismantle illicit marketplaces on the dark web1 including efforts to identify individuals using virtual currencies in the distribution of opioids through illicit marketplaces on the dark web4 #g4 ,five-year update ,it is the sense of ,congress that1 not less frequently than once every #e years1 ,congress should evaluate and1 if necessary1 update the definition of the term dark web in section #dja7;i7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;i771 as added by section #d of this ,act4 #h4 ,severability ,if any portion of this ,act1 or the amendments made by this ,act1 or the application thereof to any person or circumstance is held invalid1 the remainder of this ,act and the amendments made by this ,act1 and the application of this ,act or the amendments made by this ,act to other persons not similarly situated or to other circumstances shall not be affected by the invalidation4