H.R. 4518: Cooper Davis and Devin Norring Act

This bill, known as the Cooper Davis and Devin Norring Act, seeks to enhance the reporting obligations of electronic communication service providers and remote computing service providers in relation to certain violations of controlled substances laws. It amends the Controlled Substances Act to require these service providers to report specific illegal activities to the Attorney General. Here’s a breakdown of the main provisions and requirements outlined in the bill:

1. Definition of Key Terms

The bill defines several important terms:

• Electronic communication service: A service that provides users with the ability to send or receive wire or electronic communications.
• Remote computing service: A service that provides storage or processing of data remotely.
• Provider: Refers to both electronic communication service providers and remote computing service providers.
• Website: An accessible collection of materials on a server, available via the Internet.

2. Duty to Report

Providers are obligated to report to the Attorney General whenever they gain actual knowledge of specific unlawful activities, including:

• The creation, manufacture, distribution, or possession with intent to manufacture or distribute controlled substances like fentanyl and methamphetamine.
• The creation or distribution of counterfeit substances, including fake prescription drugs.
• The unlawful dispensing of prescription medications or stimulants by unauthorized individuals.

These reports need to be submitted within 60 days of gaining knowledge of the relevant facts.

3. Contents of the Report

Each report must include:

• Contact information of the provider.
• Details about the activity that triggered the report.
• Information on whether such facts were found via human content moderation or through automated methods.

If available, reports may also include user account information involved in the violation (e.g., name, address, email).

4. Handling of Reports

Upon receiving a report, the Attorney General must:

• Conduct a preliminary review.
• Depending on the findings, either investigate further or close the case.

5. Penalties for Non-compliance

The bill stipulates penalties for providers failing to report as required:

• Criminal penalties can reach up to $190,000 for initial violations and double for subsequent violations.
• Civil penalties can range from $50,000 to $100,000 for knowingly submitting false reports.

6. Privacy Protections

The bill includes several provisions to protect user privacy:

• Providers are not required to monitor user communications.
• Disclosure of report information is restricted, and personal communications cannot be shared without exceptions for law enforcement needs.

7. Reporting and Accountability

The Attorney General is required to publish annual reports detailing the number of reports received, actions taken, and the effectiveness of the reports in supporting criminal investigations.

8. Limitations on Law Enforcement

The bill prohibits law enforcement from submitting user reports to providers, ensuring that the responsibility to report rests with the providers only.

9. Exemptions

The reporting requirements do not apply to providers of broadband internet access or text messaging services acting solely in their roles as such.

Relevant Companies

None found.