The Cooper Davis and Devin Norring Act amends the Controlled Substances Act to establish new reporting requirements for electronic communication service providers and remote computing services. Its primary purpose is to combat the proliferation of illicit drugs by requiring these providers to report specific controlled substance violations to the Attorney General. The bill targets crimes involving the creation, manufacture, distribution, dispensing, or possession with intent to distribute fentanyl , methamphetamine , counterfeit substances (including fake prescription drugs), and unauthorized prescription pain medications or stimulants. Providers are obligated to submit a report as soon as reasonably possible, and no later than 60 days, after obtaining actual knowledge of such facts or circumstances. These reports must include provider contact information and details about the involved account, such as user identification, IP addresses, and screen names, but generally exclude the contents of communications. Providers also have the discretion to report based on a reasonable belief that such violations exist, and may include additional information like geographic location data or complete communications if they choose. Upon receiving a report, the Attorney General must conduct a preliminary review and may initiate further investigation, potentially sharing the report with other law enforcement agencies. The Attorney General is also responsible for enforcing these provisions and implementing data minimization requirements for stored reports. Non-compliance carries severe penalties, including criminal fines of up to $190,000 for an initial violation and $380,000 for subsequent offenses, as well as civil penalties ranging from $50,000 to $100,000 for knowingly submitting false or incomplete information. The bill includes important protections, clarifying that providers are not required to monitor users or communication content, nor are they compelled to affirmatively search for violations or decrypt end-to-end encrypted communications. It also outlines strict conditions for law enforcement agencies regarding the disclosure of information contained within these reports. Law enforcement officers are explicitly prohibited from submitting reports to providers in an official capacity, and any evidence derived from such prohibited actions is inadmissible. Furthermore, the bill mandates that a completed report serves as a request for providers to preserve relevant contents and data for 90 days, with specific limitations on extending this preservation period. The Attorney General is also required to publish an annual report detailing statistics on received reports, including the number of reports leading to convictions and those lacking actionable information. Notably, providers of broadband internet access service and text messaging service are exempt from these new reporting requirements when acting in those capacities.
The Cooper Davis and Devin Norring Act amends the Controlled Substances Act to establish new reporting requirements for electronic communication service providers and remote computing services. Its primary purpose is to combat the proliferation of illicit drugs by requiring these providers to report specific controlled substance violations to the Attorney General. The bill targets crimes involving the creation, manufacture, distribution, dispensing, or possession with intent to distribute fentanyl , methamphetamine , counterfeit substances (including fake prescription drugs), and unauthorized prescription pain medications or stimulants. Providers are obligated to submit a report as soon as reasonably possible, and no later than 60 days, after obtaining actual knowledge of such facts or circumstances. These reports must include provider contact information and details about the involved account, such as user identification, IP addresses, and screen names, but generally exclude the contents of communications. Providers also have the discretion to report based on a reasonable belief that such violations exist, and may include additional information like geographic location data or complete communications if they choose. Upon receiving a report, the Attorney General must conduct a preliminary review and may initiate further investigation, potentially sharing the report with other law enforcement agencies. The Attorney General is also responsible for enforcing these provisions and implementing data minimization requirements for stored reports. Non-compliance carries severe penalties, including criminal fines of up to $190,000 for an initial violation and $380,000 for subsequent offenses, as well as civil penalties ranging from $50,000 to $100,000 for knowingly submitting false or incomplete information. The bill includes important protections, clarifying that providers are not required to monitor users or communication content, nor are they compelled to affirmatively search for violations or decrypt end-to-end encrypted communications. It also outlines strict conditions for law enforcement agencies regarding the disclosure of information contained within these reports. Law enforcement officers are explicitly prohibited from submitting reports to providers in an official capacity, and any evidence derived from such prohibited actions is inadmissible. Furthermore, the bill mandates that a completed report serves as a request for providers to preserve relevant contents and data for 90 days, with specific limitations on extending this preservation period. The Attorney General is also required to publish an annual report detailing statistics on received reports, including the number of reports leading to convictions and those lacking actionable information. Notably, providers of broadband internet access service and text messaging service are exempt from these new reporting requirements when acting in those capacities.