[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Reported in Senate (RS)]
<DOC>
Calendar No. 292
115th CONGRESS
2d Session
S. 1693
[Report No. 115-199]
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, Mr. Cochran, Mr. Sullivan, Mr.
Kennedy, Mr. Sasse, Ms. Hassan, Ms. Duckworth, Mrs. Fischer, Mr. Burr,
Mr. Durbin, Mr. Scott, Mr. Cotton, Mr. Cassidy, Mr. Tillis, Ms. Cortez
Masto, Mrs. Feinstein, Ms. Harris, Mr. Schatz, Mr. Booker, Mr.
Barrasso, Mr. Grassley, Mr. Hatch, Mr. Van Hollen, Mr. Toomey, Mr.
Gardner, Mr. Thune, Mr. Coons, Mr. Manchin, Mr. Whitehouse, Mrs. Ernst,
Mr. Tester, Mrs. Gillibrand, Mr. Enzi, Mr. Menendez, Mr. Shelby, Mr.
Rounds, Mr. Roberts, Mr. Boozman, Mr. Young, Mr. Wicker, and Mr.
Heller) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
January 10, 2018
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Stop Enabling Sex
Traffickers Act of 2017''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. ENSURING ABILITY TO ENFORCE FEDERAL AND STATE CRIMINAL
AND CIVIL LAW RELATING TO SEX TRAFFICKING.</DELETED>
<DELETED> (a) In General.--Section 230 of the Communications Act of
1934 (47 U.S.C. 230) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (4), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (5), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(6) to ensure vigorous enforcement of Federal
criminal and civil law relating to sex trafficking.'';
and</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by inserting ``section 1591
(relating to sex trafficking) of that title,''
after ``title 18, United States
Code,'';</DELETED>
<DELETED> (ii) by striking ``impair the
enforcement'' and inserting the following:
``impair--</DELETED>
<DELETED> ``(A) the enforcement''; and</DELETED>
<DELETED> (iii) by striking ``statute.'' and
inserting the following: ``statute;
or</DELETED>
<DELETED> ``(B) any State criminal prosecution or
civil enforcement action targeting conduct that
violates a Federal criminal law prohibiting--</DELETED>
<DELETED> ``(i) sex trafficking of children;
or</DELETED>
<DELETED> ``(ii) sex trafficking by force,
threats of force, fraud, or coercion.'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. ENSURING FEDERAL LIABILITY FOR PUBLISHING INFORMATION
DESIGNED TO FACILITATE SEX TRAFFICKING OR OTHERWISE
FACILITATING SEX TRAFFICKING.</DELETED>
<DELETED> Section 1591(e) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(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).''.</DELETED>
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), by adding at the end the following:
``(5) No effect on sex trafficking law.--Nothing in this
section (other than subsection (c)(2)(A)) shall be construed to
impair or limit--
``(A) any claim in a civil action brought under
section 1595 of title 18, United States Code, if the
conduct underlying the claim constitutes a violation of
section 1591 of that title; or
``(B) any charge in a criminal prosecution brought
under State law if the conduct underlying the charge
constitutes a violation of section 1591 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) 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 knowingly
assisting, supporting, or facilitating a violation of
subsection (a)(1).''.
SEC. 5. ACTIONS BY STATE ATTORNEYS GENERAL.
(a) In General.--Section 1595 of title 18, United States Code, is
amended by adding at the end the following:
``(d) In any case in which the attorney general of a State has
reason to believe that an interest of the residents of that State has
been or is threatened or adversely affected by any person who violates
section 1591, the attorney general of the State, as parens patriae, may
bring a civil action against such person on behalf of the residents of
the State in an appropriate district court of the United States to
obtain appropriate relief.''.
(b) Technical and Conforming Amendments.--Section 1595 of title 18,
United States Code, is amended--
(1) in subsection (b)(1), by striking ``this section'' and
inserting ``subsection (a)''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``this section'' and inserting ``subsection
(a)''.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act or the amendments made by this Act is intended
to limit--
(1) any claim or cause of action under Federal law that was
filed, or could have been filed, before the date of enactment
of this Act; or
(2) any claim or cause of action under State law, including
statutory and common law, that--
(A) was filed, or could have been filed, before the
date of enactment of this Act; and
(B) was not preempted by section 230 of the
Communications Act of 1934 (47 U.S.C. 230).
Calendar No. 292
115th CONGRESS
2d Session
S. 1693
[Report No. 115-199]
_______________________________________________________________________
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.
_______________________________________________________________________
January 10, 2018
Reported with an amendment