[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3984 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3984
To amend the Controlled Substances Act to provide a process to lock and
suspend domain names used to facilitate the online sale of controlled
substances illegally, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2022
Ms. Klobuchar 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 provide a process to lock and
suspend domain names used to facilitate the online sale of controlled
substances illegally, and for other purposes.
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 Illegal Online Sales of
Controlled Substances Act''.
SEC. 2. DOMAIN NAMES USED TO FACILITATE THE ONLINE SALE OF CONTROLLED
SUBSTANCES ILLEGALLY.
(a) In General.--Section 311 of the Controlled Substances Act (21
U.S.C. 831) is amended by adding at the end the following:
``(k) Domain Names Used To Facilitate the Online Sale of Controlled
Substances Illegally.--
``(1) Definitions.--In this subsection:
``(A) Domain name.--The term `domain name' means a
name that--
``(i) identifies a specific location on the
internet that belongs to a particular person;
and
``(ii) consists of 2 or more textual
segments separated by dots.
``(B) Domain name used to facilitate the online
sale of controlled substances illegally.--The term
`domain name used to facilitate the online sale of
controlled substances illegally' means a domain name
that identifies a location on the internet, a primary
or significant purpose of which is to introduce or
deliver for introduction into interstate commerce a
controlled substance in violation of this title.
``(C) Lock.--The term `lock' means, with respect to
a domain name, for the registry operator or registrar
to systematically prevent the domain name from being
updated, transferred, or deleted during the balance of
the registration of the domain name, which may be
achieved using domain name registration protocols.
``(D) Registrar.--The term `registrar' means an
organization that--
``(i) manages the registration of domain
names; and
``(ii) during the registration process--
``(I) verifies that the requested
domain name meets registry
requirements; and
``(II) submits the name to the
appropriate registry operator.
``(E) Registry.--The term `registry' means an
authoritative master database of the domain names
registered in a top-level domain.
``(F) Registry operator.--The term `registry
operator' means an organization that maintains a
registry, including by--
``(i) receiving requests from registrars to
add, delete, or modify domain names; and
``(ii) making the requested changes in the
registry.
``(G) Suspend.--The term `suspend' means, with
respect to a domain name, for the registry operator or
registrar to systematically disable the functionality
of the domain name through a hold or suspension during
the balance of the registration of the domain name,
which may be achieved using domain name registration
protocols.
``(H) Trusted notifier.--The term `trusted
notifier' includes the following (and the designees and
agents thereof):
``(i) The Food and Drug Administration.
``(ii) The Department of Justice, including
the Drug Enforcement Administration.
``(iii) The Department of Homeland
Security.
``(iv) A State attorney general.
``(v) A State board of pharmacy.
``(2) Locking and suspension of domain names.--A registry
operator or registrar shall--
``(A) not later than 24 hours after receipt of a
notification from a trusted notifier respecting a
domain name that is used to facilitate the online sale
of controlled substances illegally and that is under
the control of the registry operator or registrar, lock
the domain name; and
``(B) not later than 7 days after receipt of such
notification, suspend the domain name.
``(3) Notice.--Paragraph (2) shall apply in the case of a
notification by a trusted notifier that includes, at a
minimum--
``(A) the domain name being reported to the
appropriate registry operator or registrar;
``(B) the date of observation that the domain name
was used to facilitate the online sale of controlled
substances illegally;
``(C) a summary of the alleged activities that
constitute a domain name being used to facilitate the
online sale of controlled substances illegally; and
``(D) a statement that evidence of offering
controlled substances illegally, such as a screenshot,
has been retained, and is available to be shared with
the registry operator or registrar.
``(4) Registrant appeal.--
``(A) In general.--Any registrant whose domain name
is locked and suspended pursuant to paragraph (2) may
appeal such action to the trusted notifier pursuant to
subparagraph (B).
``(B) Appeals.--
``(i) In general.--In bringing such an
appeal, the registrant for the locked and
suspended domain name may do any of the
following:
``(I) Contact the applicable
registry operator or registrar to
request information regarding the
business name, or personal name if the
trusted notifier is not a business, and
the email address, of the trusted
notifier who submitted the notification
regarding the domain name.
``(II) Dispute the notification by
submitting any relevant records and
information to the applicable trusted
notifier.
``(ii) Provision of information.--Not later
than 15 days after receiving a request under
clause (i)(I), a registry operator or registrar
shall provide the requested information.
``(iii) Investigation.--The applicable
trusted notifier shall--
``(I) conduct a reasonable
investigation regarding the registrant
and its domain name to determine
whether notification under paragraph
(2) was improper; and
``(II) in conducting such
investigation, consider the information
provided by the registrant under clause
(i).
``(iv) Successful appeal.--If the appeal is
successful, the registry operator or registrar
shall lift the suspension and unlock the domain
name within 15 days.
``(5) Authority to lock or suspend a domain name.--A
registry operator or registrar may lock and suspend a domain
name used to facilitate the online sale of controlled
substances illegally before receipt of a notification under
this section from a trusted notifier.''.
(b) Prohibited Act.--Part D of the Controlled Substances Act (21
U.S.C. 841 et seq.) is amended by adding at the end the following:
``SEC. 424. LOCKING AND SUSPENSION OF DOMAIN NAMES.
``(a) Offense.--It shall be unlawful for a registry operator or
registrar to knowingly fail to lock and suspend any domain name in its
control in violation of section 311(k).
``(b) Penalty.--
``(1) In general.--Any registry operator or registrar that
violates subsection (a) shall be fined not more than $1,000.
``(2) Subsequent offense; intent to defraud or mislead.--
Any registry operator or registrar that violates subsection (a)
after a conviction of that registry operator or registrar under
this section has become final shall be fined not more than
$10,000, or both.''.
(c) Applicability.--Sections 311(k) and 424 of the Controlled
Substances Act, as added by this section, shall apply beginning on the
date that is 60 days after the date of enactment of this Act.
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