Judiciary Committee, Energy and Commerce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The Cooper Davis and Devin Norring Act aims to combat the illicit trade of controlled substances by requiring electronic communication service providers and remote computing services to report specific violations to the Attorney General. This legislation mandates that these providers, referred to as "providers," submit reports as soon as reasonably possible, and no later than 60 days, after obtaining actual knowledge of certain facts or circumstances. The violations triggering this reporting duty include the unlawful creation, manufacturing, distribution, dispensing, or possession with intent to distribute fentanyl , methamphetamine , or counterfeit substances (including those purporting to be prescription drugs). It also covers unauthorized activities involving actual or purported prescription pain medications or stimulants. Providers may also voluntarily submit reports if they have a reasonable belief that such facts or circumstances exist. Reports must include identifying information about the provider and, to the extent available, details about the account involved in the crime, such as names, addresses, user IDs, and IP addresses, but generally exclude the content of communications. Providers may, at their discretion, include additional information like historical references, geographic location data, and complete communication content. The Attorney General is tasked with reviewing these reports, conducting further investigations if warranted, and implementing data minimization requirements for stored information. Failure to comply with reporting requirements can result in criminal penalties of up to $190,000 for an initial violation and $380,000 for subsequent offenses, along with civil penalties for knowingly submitting false or incomplete information. Importantly, the bill clarifies that providers are not required to monitor users , search for violations, or decrypt encrypted communications. It also establishes rules for the preservation of reported materials and outlines strict conditions under which law enforcement agencies may disclose information from these reports, while exempting broadband internet access and text messaging services from these new requirements.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
The Cooper Davis and Devin Norring Act aims to combat the illicit trade of controlled substances by requiring electronic communication service providers and remote computing services to report specific violations to the Attorney General. This legislation mandates that these providers, referred to as "providers," submit reports as soon as reasonably possible, and no later than 60 days, after obtaining actual knowledge of certain facts or circumstances. The violations triggering this reporting duty include the unlawful creation, manufacturing, distribution, dispensing, or possession with intent to distribute fentanyl , methamphetamine , or counterfeit substances (including those purporting to be prescription drugs). It also covers unauthorized activities involving actual or purported prescription pain medications or stimulants. Providers may also voluntarily submit reports if they have a reasonable belief that such facts or circumstances exist. Reports must include identifying information about the provider and, to the extent available, details about the account involved in the crime, such as names, addresses, user IDs, and IP addresses, but generally exclude the content of communications. Providers may, at their discretion, include additional information like historical references, geographic location data, and complete communication content. The Attorney General is tasked with reviewing these reports, conducting further investigations if warranted, and implementing data minimization requirements for stored information. Failure to comply with reporting requirements can result in criminal penalties of up to $190,000 for an initial violation and $380,000 for subsequent offenses, along with civil penalties for knowingly submitting false or incomplete information. Importantly, the bill clarifies that providers are not required to monitor users , search for violations, or decrypt encrypted communications. It also establishes rules for the preservation of reported materials and outlines strict conditions under which law enforcement agencies may disclose information from these reports, while exempting broadband internet access and text messaging services from these new requirements.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.