,,ii #aahth ,,congress #ast ,session ,s4 #bbfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ab1 #bjbc,mr4 ,ossoff introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to allow for civil and criminal actions against certain providers of interactive computer services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fentanyl ,trafficking ,prevention ,act4 #b4 ,liability for certain ,controlled ,substances ,act violations 7a7 ,in general ,part ,d of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda et seq47 is amended by adding at the end the following3 #dbd4 ,liability of interactive computer service providers 7a7 ,definition ,in this section1 the term covered provider means a provider of an interactive computer service1 as that term is defined in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 that at any point during the #ab months preceding the filing of an indictment or information alleging a violation of subsection 7b7 or the filing of a complaint in a civil action under subsection 7c7-- 7#a7 has not fewer than #ej1jjj1jjj ,united ,states-based monthly active users2 or 7#b7 has not fewer than #ajj1jjj1jjj worldwide monthly active users4 7b7 ,criminal offense 7#a7 ,offense ,it shall be unlawful for a covered provider that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce1 through such service to knowingly or intentionally facilitate a violation of section #dja7;a77#a71 #dji1 #dah1 or #dai for distributing1 dispensing1 or possessing with intent to distribute or dispense-- 7,a7 an opioid or a synthetic opioid2 7,b7 cocaine2 or 7,c7 methamphetamine4 7#b7 ,penalty ,a covered provider that violates paragraph 7#a7 shall be fined not more than #aj1jjj1jjj4 7c7 ,civil action 7#a7 ,in general ,the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states against any covered provider that operates through the use of any facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce1 and through such service1 intentionally1 knowingly1 or recklessly facilitates a violation of section #dja7;a77#a71 #dji1 #dah1 or #dai for distributing1 dispensing1 or possessing with intent to distribute or dispense-- 7,a7 an opioid or a synthetic opioid2 7,b7 cocaine2 or 7,c7 methamphetamine4 7#b7 ,penalty ,in a civil action brought under paragraph 7#a71 the ,attorney ,general may recover a civil penalty of not more than #e1jjj1jjj4 7d7 ,rules of construction 7#a7 ,applicability to legal process ,nothing in this section shall be construed to apply to any action by a covered provider that is necessary to comply with a valid court order1 subpoena1 search warrant1 statutory obligation1 or preservation request from a law enforcement agency4 7#b7 ,mental state with respect to each item required ,for purposes of subsections 7b7 and 7c71 the terms intentionally1 knowingly1 and recklessly shall be construed to mean intentionality1 knowledge1 or recklessness1 respectively1 with respect to the facilitation of each violation described in those subsections4 7e7 ,encryption technologies 7#a7 ,cybersecurity protections do not give rise to liability ,a criminal prosecution under subsection 7b7 or a civil action under subsection 7c7 may not be brought against a covered provider because the covered provider-- 7,a7 utilizes full end-to-end encrypted messaging services1 device encryption1 or other encryption services2 7,b7 does not possess the information necessary to decrypt a communication2 or 7,c7 fails to take an action that would otherwise undermine the ability of the covered provider to offer full end-to-end encrypted messaging services1 device encryption1 or other encryption services4 7#b7 ,rule of construction ,nothing in this subsection is intended to undermine the use of encryption technology4 7f7 ,protection of ,privacy ,nothing in this section shall be construed to require a covered provider to-- 7#a7 monitor any user1 subscriber1 or customer of that covered provider2 7#b7 monitor the content of any communication of any person described in paragraph 7#a72 or 7#c7 affirmatively search1 screen1 or scan for violations described in subsection 7b77#a7 or 7c77#a74 4 7b7 ,clerical amendment ,the table of contents for the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended by inserting after the item relating to section #dbc the following3 ,sec4 #dbd4 ,liability of interactive computer service providers4 4 #c4 ,federal civil liability ,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 ,no effect on certain claims or charges pertaining to certain drugs ,nothing in this section1 other than subsection 7c77#b77;,a71 shall be construed to impair or limit any claim in a civil action brought against a provider of an interactive computer service under section #dbd7;c7 of the ,controlled ,substances ,act4 4 #d4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of this ,act and amendments made by this ,act1 and the application of such provision or amendment to any other person or circumstance1 shall not be affected thereby4