Bill Summary
The Cooper Davis Act is a bill that would amend the Controlled Substances Act to require electronic communication service providers and remote computing services to report any instances of unlawful sale and distribution of controlled substances to the Attorney General. This bill aims to reduce the illegal sale and distribution of controlled substances by requiring providers to take certain actions, such as providing contact information and making a report to the Drug Enforcement Administration when they become aware of any suspicious activity. The bill also outlines the types of information that must be included in these reports, such as the identity of the individuals involved, historical references, and geographic location information. The Attorney General would be responsible for enforcing this act, and may designate other federal or foreign law enforcement agencies to receive these reports. The bill also includes measures to protect the privacy of individuals and outlines consequences for providers who fail to comply with the reporting requirements.
Possible Impacts
1. For people who are involved in the unlawful sale or distribution of controlled substances, this legislation could potentially result in their personal information being reported to law enforcement agencies, leading to potential prosecution and legal consequences.
2. The legislation could also potentially impact providers of electronic communication and remote computing services by requiring them to monitor and report any suspicious activity related to the sale or distribution of controlled substances, potentially increasing their workload and liability.
3. Individuals who use electronic communication and remote computing services may also be affected by this legislation, as their personal information and activity on these platforms may be subject to monitoring and reporting by providers in order to comply with the reporting requirements. This could potentially lead to a violation of their privacy.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4858 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4858
To amend the Controlled Substances Act to require electronic
communication service providers and remote computing services to report
to the Attorney General the unlawful sale and distribution of
controlled substances.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 15, 2022
Mr. Marshall introduced the following bill; 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 the unlawful sale and distribution of
controlled substances.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooper Davis Act''.
SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE
PROVIDERS AND REMOTE COMPUTING SERVICES FOR THE UNLAWFUL
SALE AND DISTRIBUTION OF CONTROLLED SUBSTANCES.
(a) In General.--Part E of the Controlled Substances Act (21 U.S.C.
871 et seq.) is amended by adding at the end the following:
``SEC. 521. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE
PROVIDERS AND REMOTE COMPUTING SERVICES FOR THE UNLAWFUL
SALE AND DISTRIBUTION OF CONTROLLED SUBSTANCES.
``(a) Definitions.--In this section, the terms `electronic
communication service', `electronic mail address', `provider', `remote
computing service', and `website' have the meanings given those terms
in section 2258E of title 18, United States Code.
``(b) Duty To Report.--
``(1) In general.--
``(A) Duty.--In order to reduce the proliferation
of the unlawful sale or distribution of controlled
substances, a provider--
``(i) shall, as soon as reasonably possible
after obtaining actual knowledge of any facts
or circumstances described in paragraph (2)(A),
take the actions described in subparagraph (B);
and
``(ii) may, after obtaining actual
knowledge of any facts or circumstances
described in paragraph (2)(B), take the actions
described in subparagraph (B).
``(B) Actions described.--The actions described in
this subparagraph are--
``(i) providing to the Drug Enforcement
Administration the mailing address, telephone
number, facsimile number, and electronic
mailing address of, and individual point of
contact for, such provider; and
``(ii) making a report of such facts or
circumstances to the Drug Enforcement
Administration.
``(2) Facts and circumstances.--
``(A) Apparent violations.--The facts or
circumstances described in this subparagraph are any
facts or circumstances from which there is an apparent
violation of section 401, 402, 403, or 406.
``(B) Imminent violations.--The facts or
circumstances described in this subparagraph are any
facts or circumstances that indicate that a violation
described in subparagraph (A) may be planned or
imminent.
``(c) Contents of Report.--In an effort to prevent future
violations of the sections described in subsection (b)(2)(A), and to
the extent the information is within the custody or control of a
provider, the facts and circumstances included in each report under
subsection (b)(1) shall, at the sole discretion of the provider,
include the following information:
``(1) Information about the involved individual.--
Information relating to the identity of any individual who
appears to have violated or plans to violate the sections
described in subsection (b)(2)(A), which may, to the extent
reasonably practicable, include the electronic mail address,
Internet Protocol address, uniform resource locator, payment
information (excluding personally identifiable information),
screen names or monikers for the account used or any other
accounts associated with the individual, or any other
identifying information, including self-reported identifying
information.
``(2) Historical reference.--Information relating to when
and how a customer or subscriber of a provider uploaded,
transmitted, or received content relating to the report or when
and how content relating to the report was reported to or
discovered by the provider, including a date and time stamp and
time zone.
``(3) Geographic location information.--Information
relating to the geographic location of the involved individual
or website, which may include the Internet Protocol address or
verified address, or, if not reasonably available, at least one
form of geographic identifying information, including area code
or zip code, provided by the customer or subscriber, or stored
or obtained by the provider, and any information as to whether
a virtual private network was used.
``(4) Data relating to the sale of controlled substances.--
Any data, including symbols, photos, video, icons, or direct
messages, relating to apparent activity involving the unlawful
sale or distribution of a controlled substance or other content
relating to the incident such report is regarding.
``(5) Complete communication.--The complete communication
containing the intent to unlawfully sell or distribute a
controlled substance, including--
``(A) any data or information regarding the
transmission of the communication; and
``(B) any data or other digital files contained in,
or attached to, the communication.
``(d) Forwarding of Report to Other Federal Law Enforcement
Agencies, State and Local Law Enforcement Agencies, and Foreign Law
Enforcement Agencies.--The Drug Enforcement Administration shall make
available each report made under subsection (b)(1) to other Federal law
enforcement agencies, State and local law enforcement agencies, and
foreign law enforcement agencies involved in the investigation of
violations described in subsection (b)(2)(A).
``(e) Attorney General Responsibilities.--
``(1) In general.--The Attorney General shall enforce this
section.
``(2) Designation of federal agencies.--The Attorney
General may designate a Federal law enforcement agency or
agencies to which the Drug Enforcement Administration shall
forward a report under subsection (d).
``(3) Designation of foreign agencies.--The Attorney
General may--
``(A) in consultation with the Secretary of State,
designate foreign law enforcement agencies to which a
report may be forwarded under subsection (d);
``(B) establish the conditions under which such a
report may be forwarded to such agencies; and
``(C) develop a process for foreign law enforcement
agencies to request assistance from Federal law
enforcement agencies in obtaining evidence related to a
report referred under subsection (d).
``(4) Reporting designated foreign agencies.--The Attorney
General may maintain and make available to the Department of
State, providers, the Committee on the Judiciary of the Senate,
and the Committee on the Judiciary of the House of
Representatives a list of the foreign law enforcement agencies
designated under paragraph (3).
``(5) Notification to providers.--
``(A) In general.--The Drug Enforcement
Administration may notify a provider of the information
described in subparagraph (B), if--
``(i) a provider notifies the Drug
Enforcement Administration that the provider is
making a report under this section as the
result of a request by a foreign law
enforcement agency; and
``(ii) the Drug Enforcement Administration
forwards the report described in clause (i)
to--
``(I) the requesting foreign law
enforcement agency; or
``(II) another agency in the same
country designated by the Attorney
General under paragraph (3).
``(B) Information described.--The information
described in this subparagraph is--
``(i) the identity of the foreign law
enforcement agency to which the report was
forwarded; and
``(ii) the date on which the report was
forwarded.
``(C) Notification of inability to forward
report.--If a provider notifies the Drug Enforcement
Administration that the provider is making a report
under this section as the result of a request by a
foreign law enforcement agency and the Drug Enforcement
Administration is unable to forward the report as
described in subparagraph (A)(ii), the Drug Enforcement
Administration shall notify the provider that the Drug
Enforcement Administration was unable to forward the
report.
``(f) Failure To Report.--A provider that knowingly and willfully
fails to make a report required under subsection (b)(1) shall be
fined--
``(1) in the case of an initial knowing and willful failure
to make a report, not more than $150,000; and
``(2) in the case of any second or subsequent knowing and
willful failure to make a report, not more than $300,000.
``(g) Protection of Privacy.--Nothing in this section shall be
construed to require a provider to--
``(1) monitor any user, subscriber, or customer of that
provider;
``(2) monitor the content of any communication of any
person described in paragraph (1); or
``(3) affirmatively search, screen, or scan for facts or
circumstances described in subsections (b) and (c).
``(h) Conditions of Disclosure of Information Contained Within
Report.--
``(1) In general.--Except as provided in paragraph (2), a
law enforcement agency that receives a report under subsection
(d) shall not disclose any information contained in that
report.
``(2) Permitted disclosures by law enforcement.--A law
enforcement agency may disclose information in a report
received under subsection (d)--
``(A) to an attorney for the government for use in
the performance of the official duties of that
attorney;
``(B) to such officers and employees of that law
enforcement agency, as may be necessary in the
performance of their investigative and recordkeeping
functions;
``(C) to such other government personnel (including
personnel of a State or subdivision of a State) 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 law;
``(D) if the report discloses a violation of State
criminal law, to an appropriate official of a State or
subdivision of a State for the purpose of enforcing
such State law;
``(E) 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 defendant;
``(F) to a provider if necessary to facilitate
response to legal process issued in connection to a
criminal investigation, prosecution, or post-conviction
remedy relating to that report; and
``(G) as ordered by a court upon a showing of good
cause and pursuant to any protective orders or other
conditions that the court may impose.
``(i) Preservation.--
``(1) In general.--
``(A) Request to preserve contents.--For the
purposes of this section, a completed submission by a
provider of a report to the Drug Enforcement
Administration under subsection (b)(1) shall be treated
as a request to preserve the contents provided in the
report for 90 days after the submission to the Drug
Enforcement Administration.
``(B) Notification to user.--A provider may not
notify a user, subscriber, or customer of the provider
of a preservation request described in subparagraph (A)
unless--
``(i) the provider has notified the Drug
Enforcement Administration of its intent to
provide that notice;
``(ii) 5 business days have elapsed since
the notification under clause (i); and
``(iii) the Drug Enforcement Administration
has not obtained a court order for
nondisclosure.
``(2) Preservation of commingled content.--Pursuant to
paragraph (1)(A), a provider shall preserve any data or other
digital files that are reasonably accessible and may provide
context or additional information about the reported material
or person.
``(3) 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
service to that access necessary to comply with the
requirements of this subsection.
``(4) Authorities and duties not affected.--Nothing in this
section shall be construed as replacing, amending, or otherwise
interfering with the authorities and duties under section 2703
of title 18, United States Code.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by
inserting after the item relating to section 520 the following:
``Sec. 521. Reporting requirements of electronic communication service
providers and remote computing services for
the unlawful sale and distribution of
controlled substances.''.
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