,,ii #aaith ,,congress #ast ,session ,s4 #bcaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ag1 #bjbe,mr4 ,marshall 7for himself1 ,mrs4 ,shaheen1 ,mr4 ,grassley1 ,mr4 ,durbin1 ,ms4 ,klobuchar1 and ,mr4 ,young7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,controlled ,substances ,act to require electronic communication service providers and remote computing services to report to the ,attorney ,general certain controlled substances violations4 #a4 ,short title ,this ,act may be cited as the ,cooper ,davis and ,devin ,norring ,act4 #b4 ,reporting requirements of electronic communication service providers and remote computing services for certain controlled substances violations 7a7 ,amendments to controlled substances act 7#a7 ,in general ,part ,e of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hga et seq47 is amended by adding at the end the following3 #eba4 ,reporting requirements of electronic communication service providers and remote computing services for certain controlled substances violations 7a7 ,definitions ,in this section-- 7#a7 the term electronic communication service has the meaning given that term in section #beaj of title #ah1 ,united ,states ,code2 7#b7 the term electronic mail address has the meaning given that term in section #c of the ,,can-,,spam ,act of #bjjc 7#ae ,u4,s4,c4 #ggjb72 7#c7 the term ,internet has the meaning given that term in section #aaja7;d77#c7 of the ,internet ,tax ,freedom ,act 7#dg ,u4,s4,c4 #aea note72 7#d7 the term provider means an electronic communication service provider or remote computing service2 7#e7 the term remote computing service has the meaning given that term in section #bgaa of title #ah1 ,united ,states ,code2 and 7#f7 the term website means any collection of material placed in a computer server-based file archive so that it is publicly accessible1 over the ,internet1 using hypertext transfer protocol or any successor protocol4 7b7 ,duty ,to report 7#a7 ,general duty ,in order to reduce the proliferation of the unlawful sale1 distribution1 or manufacture 7as applicable7 of counterfeit substances and certain controlled substances1 a provider shall1 as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph 7#b71 and in any event not later than #fj days after obtaining such knowledge1 submit to the ,attorney ,general a report containing-- 7,a7 the mailing address1 telephone number1 facsimile number1 and electronic mailing address of1 and individual point of contact for1 such provider2 7,b7 information described in subsection 7c7 concerning such facts or circumstances2 and 7,c7 for purposes of subsection 7j71 information indicating whether the facts or circumstances were discovered through content moderation conducted by a human or via a non-human method1 including use of an algorithm1 machine learning1 or other means4 7#b7 ,facts or circumstances ,the facts or circumstances described in this paragraph are any facts or circumstances establishing that a crime is being or has already been committed involving-- 7,a7 creating1 manufacturing1 distributing1 dispensing1 or possession with intent to manufacture1 distribute1 or dispense-- 7i7 fentanyl2 or 7ii7 methamphetamine2 7,b7 creating1 manufacturing1 distributing1 dispensing1 or possession with intent to manufacture1 distribute1 or dispense a counterfeit substance1 including a counterfeit substance purporting to be a prescription drug2 or 7,c7 creating1 manufacturing1 distributing1 dispensing1 or possession with intent to manufacture1 distribute1 or dispense an actual or purported prescription pain medication or prescription stimulant by any individual or entity that is not authorized1 which includes an individual or entity that falsely claims to be a practitioner4 7#c7 ,permitted actions based on reasonable belief ,in order to reduce the proliferation of the unlawful sale1 distribution1 or manufacture 7as applicable7 of counterfeit substances and certain controlled substances1 if a provider has a reasonable belief that facts or circumstances described in paragraph 7#b7 exist1 the provider may submit to the ,attorney ,general a report described in paragraph 7#a74 7c7 ,contents of report 7#a7 ,in general ,to the extent the information is within the custody or control of a provider1 the facts or circumstances included in each report under subsection 7b77#a7-- 7,a7 shall include1 to the extent that it is applicable and reasonably available1 information relating to the account involved in the commission of a crime described in subsection 7b77#b71 such as the name1 address1 electronic mail address1 user or account identification1 ,internet ,protocol address1 uniform resource locator1 screen names or monikers for the account used or any other accounts associated with the account user1 or any other identifying information1 including self-reported identifying information1 but not including the contents of a wire communication or electronic communication1 as those terms are defined in section #beaj of title #ah1 ,united ,states ,code1 except as provided in subparagraph 7,b7 of this paragraph2 and 7,b7 may1 at the sole discretion of the provider1 include the information described in paragraph 7#b7 of this subsection4 7#b7 ,other information ,the information referred to in paragraph 7#a77;,b7 is the following3 7,a7 ,historical reference ,information relating to when and how a user1 subscriber1 or customer of a provider uploaded1 transmitted1 or received content relating to the report or when and how content relating to the report was reported to or discovered by the provider1 including a date and time stamp and time zone4 7,b7 ,geographic location information ,information relating to the geographic location of the involved individual or website1 which may include the ,internet ,protocol address or verified address1 or1 if not reasonably available1 at least one form of geographic identifying information1 including area code or ,,zip ,code1 provided by the user1 subscriber1 or customer1 or stored or obtained by the provider1 and any information as to whether a virtual private network was used4 7,c7 ,data relating to facts or circumstances ,any data1 including symbols1 photos1 video1 icons1 or direct messages1 relating to activity involving the facts or circumstances described in subsection 7b77#b7 or other content relating to the crime4 7,d7 ,complete communication ,the complete communication containing the information of the crime described in subsection 7b77#b71 including-- 7i7 any data or information regarding the transmission of the communication2 and 7ii7 any data or other digital files contained in1 or attached to1 the communication4 7#c7 ,user1 subscriber1 or customer submitted reports ,in the case of a report under subsection 7b77#c71 the provider may1 at its sole discretion1 include in the report information submitted to the provider by a user1 subscriber1 or customer alleging facts or circumstances described in subsection 7b77#b7 if the provider1 upon review1 has a reasonable belief that the alleged facts or circumstances exist4 7d7 ,handling of reports ,upon receipt of a report submitted under subsection 7b71 the ,attorney ,general-- 7#a7 shall conduct a preliminary review of such report2 and 7#b7 after completing the preliminary review1 shall-- 7,a7 conduct further investigation of the report1 which may include making the report available to other ,federal1 ,state1 or local law enforcement agencies involved in the investigation of crimes described in subsection 7b77#b71 if the ,attorney ,general determines that the report facially contains sufficient information to warrant and permit further investigation2 or 7,b7 conclude that no further investigative steps are warranted or possible1 or that insufficient evidence exists to make a determination1 and close the report4 7e7 ,attorney general responsibilities 7#a7 ,in general ,the ,attorney ,general shall enforce this section4 7#b7 ,designation of federal agencies ,the ,attorney ,general may designate a ,federal law enforcement agency or agencies to which the ,attorney ,general may forward a report under subsection 7d74 7#c7 ,data minimization requirements ,the ,attorney ,general shall take reasonable measures to-- 7,a7 limit the storage of a report submitted under subsection 7b7 and its contents to the amount that is necessary to carry out the investigation of crimes described in subsection 7b77#b72 and 7,b7 store a report submitted under subsection 7b7 and its contents only as long as is reasonably necessary to carry out an investigation of crimes described in subsection 7b77#b7 or make the report available to other agencies under subsection 7d77#b77;,a71 after which time the report and its contents shall be deleted unless the preservation of a report has future evidentiary value4 7f7 ,failure ,to comply with requirements 7#a7 ,criminal penalty 7,a7 ,offense ,it shall be unlawful for a provider to knowingly fail to submit a report required under subsection 7b77#a74 7,b7 ,penalty ,a provider that violates subparagraph 7,a7 shall be fined-- 7i7 in the case of an initial violation1 not more than #aij1jjj2 and 7ii7 in the case of any second or subsequent violation1 not more than #chj1jjj4 7#b7 ,civil penalty ,in addition to any other available civil or criminal penalty1 a provider shall be liable to the ,united ,states ,government for a civil penalty in an amount not less than #ej1jjj and not more than #ajj1jjj if the provider knowingly submits a report under subsection 7b7 that-- 7,a7 contains materially false or fraudulent information2 or 7,b7 omits information described in subsection 7c77#a77;,a7 that is reasonably available4 7g7 ,protection of privacy ,nothing in this section shall be construed to-- 7#a7 require a provider to monitor any user1 subscriber1 or customer of that provider2 7#b7 require a provider to monitor the content of any communication of any person described in paragraph 7#a72 7#c7 require a provider to affirmatively search1 screen1 or scan for facts or circumstances described in subsection 7b77#b72 7#d7 permit actual knowledge to be proven based solely on a provider's decision not to engage in additional verification or investigation to discover facts and circumstances that are not readily apparent1 so long as the provider does not deliberately blind itself to those violations2 or 7#e7 prohibit a provider from using end-to-end encryption or require a provider to decrypt encrypted communications4 7h7 ,conditions of disclosure of information contained within report 7#a7 ,in general ,except as provided in paragraph 7#b71 a law enforcement agency that receives a report under subsection 7d7 shall not disclose any information contained in that report4 7#b7 ,permitted disclosures by law enforcement ,a law enforcement agency may disclose information in a report received under subsection 7d7-- 7,a7 to an attorney for the government for use in the performance of the official duties of that attorney1 including providing discovery to a defendant2 7,b7 to such officers and employees of that law enforcement agency1 as may be necessary in the performance of their investigative and recordkeeping functions2 7,c7 to such other government personnel 7including personnel of a ,state or subdivision of a ,state7 as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing ,federal criminal law2 7,d7 if the report discloses an apparent violation of ,state criminal law1 to an appropriate official of a ,state or subdivision of a ,state for the purpose of enforcing such ,state law2 7,e7 to a defendant in a criminal case or the attorney for that defendant to the extent the information relates to a criminal charge pending against that defendant2 7,f7 to a provider if necessary to facilitate response to legal process issued in connection to a criminal investigation1 prosecution1 or post-conviction remedy relating to that report2 7,g7 as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose2 and 7,h7 in order to facilitate the enforcement of the penalties authorized under subsection 7f74 7i7 ,preservation 7#a7 ,in general 7,a7 ,request to preserve contents 7i7 ,in general ,subject to clause 7ii71 for the purposes of this section1 a completed submission by a provider of a report to the ,attorney ,general under subsection 7b77#a7 shall be treated as a request to preserve the contents provided in the report1 and any data or other digital files that are reasonably accessible and may provide context or additional information about the reported material or person1 for #ij days after the submission to the ,attorney ,general4 7ii7 ,limitations on extension of preservation period 7,i7 ,stored communications act ,the ,attorney ,general may not submit a request to a provider to continue preservation of the contents of a report or other data described in clause 7i7 under section #bgjc7;f7 of title #ah1 ,united ,states ,code1 beyond the required period of preservation under clause 7i7 of this subparagraph unless the ,attorney ,general has an active or pending investigation involving the user1 subscriber1 or customer account at issue in the report4 7,,ii7 ,rule of construction ,nothing in subclause 7,i7 shall preclude another ,federal1 ,state1 or local law enforcement agency from seeking continued preservation of the contents of a report or other data described in clause 7i7 under section #bgjc7;f7 of title #ah1 ,united ,states ,code4 7,b7 ,notification to user ,a provider may not notify a user1 subscriber1 or customer of the provider of a preservation request described in subparagraph 7,a7 unless-- 7i7 the provider has notified the ,attorney ,general of its intent to provide that notice2 and 7ii7 #de business days have elapsed since the notification under clause 7i74 7#b7 ,protection of preserved materials ,a provider preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access to the materials by agents or employees of the provider to that access necessary to comply with the requirements of this subsection4 7#c7 ,authorities and duties not affected ,nothing in this section shall be construed as replacing1 amending1 or otherwise interfering with the authorities and duties under section #bgjc of title #ah1 ,united ,states ,code4 7#d7 ,relation to reporting requirement ,submission of a report as required by subsection 7b77#a7 does not satisfy the obligations under this subsection4 7j7 ,annual report ,not later than #a year after the date of enactment of the ,cooper ,davis and ,devin ,norring ,act1 and annually thereafter1 the ,attorney ,general shall publish a report that includes1 for the reporting period-- 7#a7 the total number of reports received from providers under subsection 7b77#a72 7#b7 the number of reports received under subsection 7b77#a7 disaggregated by-- 7,a7 the provider on whose electronic communication service or remote computing service the crime for which there are facts or circumstances occurred2 and 7,b7 the subsidiary of a provider1 if any1 on whose electronic communication service or remote computing service the crime for which there are facts or circumstances occurred2 7#c7 the number of reports received under subsection 7b77#a7 that led to convictions in cases investigated by the ,attorney ,general2 7#d7 the number of reports received under subsection 7b77#a7 that lacked actionable information2 7#e7 the number of reports received under subsection 7b77#a7 where the facts or circumstances of a crime were discovered through-- 7,a7 content moderation conducted by a human2 or 7,b7 a non-human method including use of an algorithm1 machine learning1 or other means2 7#f7 the number of reports received under subsection 7b77#a7 that were made available to other law enforcement agencies1 disaggregated by-- 7,a7 the number of reports made available to ,federal law enforcement agencies2 7,b7 the number of reports made available to ,state law enforcement agencies2 and 7,c7 the number of reports made available to local law enforcement agencies2 and 7#g7 the number of requests to providers to continue preservation of the contents of a report or other data described in subsection 7i77#a77;,a77i7 submitted by the ,attorney ,general under section #bgjc7;f7 of title #ah1 ,united ,states ,code4 7k7 ,prohibition on submission of user1 subscriber1 customer1 or anonymous reports by law enforcement 7#a7 ,in general ,no ,federal1 ,tribal1 ,state1 or local law enforcement officer acting in an official capacity may submit a report to a provider or arrange for another individual to submit a report to a provider on behalf of the officer under this section4 7#b7 ,remedy for violation ,no part of the contents of a provider's report made under subsection 7b77#a7 or 7b77#c7 and no evidence derived therefrom may be received in evidence in any trial1 hearing1 or other proceeding in or before any court1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof if that provider report resulted from an action prohibited by paragraph 7#a7 of this subsection4 7l7 ,exemption for providers of broadband internet access service and text messaging service ,subsections 7b7 through 7k7 shall not apply to a provider of-- 7#a7 broadband internet access service1 as that term is defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 insofar as the provider is acting as a provider of such service2 or 7#b7 text messaging service1 as that term is defined in section #bbg7;e77#h7 of title #dg1 ,united ,states ,code1 insofar as the provider is acting as a provider of such service4 4 7#b7 ,technical and conforming amendment ,the table of contents for the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj 7,public ,law #ia-eac2 #hd ,stat4 #abcf7 is amended by inserting after the item relating to section #ebj the following3 ,sec4 #eba4 ,reporting requirements of electronic communication service providers and remote computing services for certain controlled substances violations4 4 7b7 ,conforming amendments to stored communications act 7#a7 ,in general ,section #bgjb of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#h71 by striking or at the end2 7ii7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7#aj7 to the ,attorney ,general1 in connection with a report submitted thereto under section #eba of the ,controlled ,substances ,act4 2 and 7,b7 in subsection 7c7-- 7i7 in paragraph 7#f71 by striking or at the end2 7ii7 in paragraph 7#g71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7#h7 to the ,attorney ,general1 in connection with a report submitted thereto under section #eba of the ,controlled ,substances ,act4 4 7#b7 ,technical amendment ,paragraph 7#g7 of section #bgjb7;b7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#g7 to a law enforcement agency if the contents-- 7,a7 were inadvertently obtained by the service provider2 and 7,b7 appear to pertain to the commission of a crime2 4 #c4 ,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