Text: S.1693 — 115th Congress (2017-2018)All Information (Except Text)

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[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