[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1693
To amend the Communications Act of 1934 to clarify that section 230 of
that Act does not prohibit the enforcement against providers and users
of interactive computer services of Federal and State criminal and
civil law relating to sex trafficking.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2017
Mr. Portman (for himself, Mr. Blumenthal, Mr. McCain, Mrs. McCaskill,
Mr. Cornyn, Ms. Heitkamp, Mr. Blunt, Mrs. Capito, Mr. Casey, Ms.
Collins, Mr. Corker, Mr. Cruz, Mr. Flake, Mr. Graham, Mr. Isakson, Ms.
Klobuchar, Mr. Lankford, Mr. Lee, Mr. Nelson, Mr. Rubio, Mr. Brown, Ms.
Murkowski, Mrs. Shaheen, Mr. Hoeven, and Mr. Cochran) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to clarify that section 230 of
that Act does not prohibit the enforcement against providers and users
of interactive computer services of Federal and State criminal and
civil law relating to sex trafficking.
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 ``Stop Enabling Sex Traffickers Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 230 of the Communications Act of 1934 (47
U.S.C. 230) (as added by title V of the Telecommunications Act
of 1996 (Public Law 104-104; 110 Stat. 133) (commonly known as
the ``Communications Decency Act of 1996'')) was never intended
to provide legal protection to websites that facilitate
traffickers in advertising the sale of unlawful sex acts with
sex trafficking victims.
(2) Clarification of section 230 of the Communications Act
of 1934 is warranted to ensure that that section does not
provide such protection to such websites.
SEC. 3. ENSURING ABILITY TO ENFORCE FEDERAL AND STATE CRIMINAL AND
CIVIL LAW RELATING TO SEX TRAFFICKING.
(a) In General.--Section 230 of the Communications Act of 1934 (47
U.S.C. 230) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) to ensure vigorous enforcement of Federal criminal
and civil law relating to sex trafficking.''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by inserting ``section 1591 (relating
to sex trafficking) of that title,'' after
``title 18, United States Code,'';
(ii) by striking ``impair the enforcement''
and inserting the following: ``impair--
``(A) the enforcement''; and
(iii) by striking ``statute.'' and
inserting the following: ``statute; or
``(B) any State criminal prosecution or civil
enforcement action targeting conduct that violates a
Federal criminal law prohibiting--
``(i) sex trafficking of children; or
``(ii) sex trafficking by force, threats of
force, fraud, or coercion.''; and
(B) by adding at the end the following:
``(5) No effect on civil law relating to sex trafficking.--
Nothing in this section shall be construed to impair the
enforcement or limit the application of section 1595 of title
18, United States Code.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and the amendment made by
subsection (a)(2)(B) shall apply regardless of whether the conduct
alleged occurred, or is alleged to have occurred, before, on, or after
such date of enactment.
SEC. 4. ENSURING FEDERAL LIABILITY FOR PUBLISHING INFORMATION DESIGNED
TO FACILITATE SEX TRAFFICKING OR OTHERWISE FACILITATING
SEX TRAFFICKING.
Section 1591(e) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) The term `participation in a venture' means knowing
conduct by an individual or entity, by any means, that assists,
supports, or facilitates a violation of subsection (a)(1).''.
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