II 

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 


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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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Enabling Sex 

5 Traffickers Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Section 230 of the Communications Act of 

9 1934 (47 U.S.C. 230) (as added by title V of the 

10 Telecommunications Act of 1996 (Public Law 104– 

11 104; 110 Stat. 133) (commonly known as the ‘‘Com12 munications Decency Act of 1996’’)) was never in13 tended to provide legal protection to websites that 

14 facilitate traffickers in advertising the sale of unlaw15 ful sex acts with sex trafficking victims. 


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1 (2) Clarification of section 230 of the Commu2 nications Act of 1934 is warranted to ensure that 

3 that section does not provide such protection to such 

4 websites. 

5 SEC. 3. ENSURING ABILITY TO ENFORCE FEDERAL AND 

6 STATE CRIMINAL AND CIVIL LAW RELATING 

7 TO SEX TRAFFICKING. 

8 (a) IN GENERAL.—Section 230 of the Communica9 tions Act of 1934 (47 U.S.C. 230) is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(6) to ensure vigorous enforcement of Federal 

17 criminal and civil law relating to sex trafficking.’’; 

18 and 

19 (2) in subsection (e)— 

20 (A) in paragraph (1)— 

21 (i) by inserting ‘‘section 1591 (relat22 ing to sex trafficking) of that title,’’ after 

23 ‘‘title 18, United States Code,’’; 


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1 (ii) by striking ‘‘impair the enforce2 ment’’ and inserting the following: ‘‘im3 pair— 

4 ‘‘(A) the enforcement’’; and 

5 (iii) by striking ‘‘statute.’’ and insert6 ing the following: ‘‘statute; or 

7 ‘‘(B) any State criminal prosecution or 

8 civil enforcement action targeting conduct that 

9 violates a Federal criminal law prohibiting— 

10 ‘‘(i) sex trafficking of children; or 

11 ‘‘(ii) sex trafficking by force, threats 

12 of force, fraud, or coercion.’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(5) NO EFFECT ON CIVIL LAW RELATING TO

15 SEX TRAFFICKING.—Nothing in this section shall be 

16 construed to impair the enforcement or limit the ap17 plication of section 1595 of title 18, United States 

18 Code.’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the date of enactment of 

21 this Act, and the amendment made by subsection 

22 (a)(2)(B) shall apply regardless of whether the conduct 

23 alleged occurred, or is alleged to have occurred, before, 

24 on, or after such date of enactment. 


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1 SEC. 4. ENSURING FEDERAL LIABILITY FOR PUBLISHING 

2 INFORMATION DESIGNED TO FACILITATE 

3 SEX TRAFFICKING OR OTHERWISE FACILI4 TATING SEX TRAFFICKING. 

5 Section 1591(e) of title 18, United States Code, is 

6 amended— 

7 (1) by redesignating paragraphs (4) and (5) as 

8 paragraphs (5) and (6), respectively; and 

9 (2) by inserting after paragraph (3) the fol10 lowing: 

11 ‘‘(4) The term ‘participation in a venture’ 

12 means knowing conduct by an individual or entity, 

13 by any means, that assists, supports, or facilitates a 

14 violation of subsection (a)(1).’’. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Stop Enabling Sex Traf17 fickers Act of 2017’’. 

18 SEC. 2. FINDINGS. 

19 Congress finds the following: 

20 (1) Section 230 of the Communications Act of 

21 1934 (47 U.S.C. 230) (as added by title V of the Tele22 communications Act of 1996 (Public Law 104–104; 

23 110 Stat. 133) (commonly known as the ‘‘Commu24 nications Decency Act of 1996’’)) was never intended 

25 to provide legal protection to websites that facilitate 


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1 traffickers in advertising the sale of unlawful sex acts 

2 with sex trafficking victims. 

3 (2) Clarification of section 230 of the Commu4 nications Act of 1934 is warranted to ensure that that 

5 section does not provide such protection to such 

6 websites. 

7 SEC. 3. ENSURING ABILITY TO ENFORCE FEDERAL AND 

8 STATE CRIMINAL AND CIVIL LAW RELATING 

9 TO SEX TRAFFICKING. 

10 (a) IN GENERAL.—Section 230 of the Communications 

11 Act of 1934 (47 U.S.C. 230) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (4), by striking ‘‘and’’ at 

14 the end; 

15 (B) in paragraph (5), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(6) to ensure vigorous enforcement of Federal 

19 criminal and civil law relating to sex trafficking.’’; 

20 and 

21 (2) in subsection (e), by adding at the end the 

22 following: 

23 ‘‘(5) NO EFFECT ON SEX TRAFFICKING LAW.— 

24 Nothing in this section (other than subsection 

25 (c)(2)(A)) shall be construed to impair or limit— 


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1 ‘‘(A) any claim in a civil action brought 

2 under section 1595 of title 18, United States 

3 Code, if the conduct underlying the claim con4 stitutes a violation of section 1591 of that title; 

5 or 

6 ‘‘(B) any charge in a criminal prosecution 

7 brought under State law if the conduct under8 lying the charge constitutes a violation of section 

9 1591 of title 18, United States Code.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by this 

11 section shall take effect on the date of enactment of this Act, 

12 and the amendment made by subsection (a)(2) shall apply 

13 regardless of whether the conduct alleged occurred, or is al14 leged to have occurred, before, on, or after such date of en15 actment. 

16 SEC. 4. ENSURING FEDERAL LIABILITY FOR PUBLISHING 

17 INFORMATION DESIGNED TO FACILITATE SEX 

18 TRAFFICKING OR OTHERWISE FACILITATING 

19 SEX TRAFFICKING. 

20 Section 1591(e) of title 18, United States Code, is 

21 amended— 

22 (1) by redesignating paragraphs (4) and (5) as 

23 paragraphs (5) and (6), respectively; and 

24 (2) by inserting after paragraph (3) the fol25 lowing: 


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1 ‘‘(4) The term ‘participation in a venture’ means 

2 knowingly assisting, supporting, or facilitating a vio3 lation of subsection (a)(1).’’. 

4 SEC. 5. ACTIONS BY STATE ATTORNEYS GENERAL. 

5 (a) IN GENERAL.—Section 1595 of title 18, United 

6 States Code, is amended by adding at the end the following: 

7 ‘‘(d) In any case in which the attorney general of a 

8 State has reason to believe that an interest of the residents 

9 of that State has been or is threatened or adversely affected 

10 by any person who violates section 1591, the attorney gen11 eral of the State, as parens patriae, may bring a civil ac12 tion against such person on behalf of the residents of the 

13 State in an appropriate district court of the United States 

14 to obtain appropriate relief.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 Section 1595 of title 18, United States Code, is amended— 

17 (1) in subsection (b)(1), by striking ‘‘this sec18 tion’’ and inserting ‘‘subsection (a)’’; and 

19 (2) in subsection (c), in the matter preceding 

20 paragraph (1), by striking ‘‘this section’’ and insert21 ing ‘‘subsection (a)’’. 

22 SEC. 6. SAVINGS CLAUSE. 

23 Nothing in this Act or the amendments made by this 

24 Act is intended to limit— 


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1 (1) any claim or cause of action under Federal 

2 law that was filed, or could have been filed, before the 

3 date of enactment of this Act; or 

4 (2) any claim or cause of action under State 

5 law, including statutory and common law, that— 

6 (A) was filed, or could have been filed, be7 fore the date of enactment of this Act; and 

8 (B) was not preempted by section 230 of the 

9 Communications Act of 1934 (47 U.S.C. 230). 


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Calendar No. 292 

115TH CONGRESS 

2D SESSION S. 1693 

[Report No. 115–199] 

A BILL 

To amend the Communications Act of 1934 to clarficking. State criminal and civil law relating to sex traf- interactive computer services of Federal and the enforcement against providers and users of ify that section 230 of that Act does not prohibit 

JANUARY 10, 2018 

Reported with an amendment 


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