II 

115TH CONGRESS 

1ST SESSION S. 1693 

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, and Mr. COCHRAN) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

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, 

mstockstill on DSK30JT082PROD with BILLS

2 

•S 1693 IS

1 SECTION 1. SHORT TITLE. 

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

3 Traffickers Act of 2017’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Section 230 of the Communications Act of 

7 1934 (47 U.S.C. 230) (as added by title V of the 

8 Telecommunications Act of 1996 (Public Law 104– 

9 104; 110 Stat. 133) (commonly known as the ‘‘Com10 munications Decency Act of 1996’’)) was never in11 tended to provide legal protection to websites that 

12 facilitate traffickers in advertising the sale of unlaw13 ful sex acts with sex trafficking victims. 

14 (2) Clarification of section 230 of the Commu15 nications Act of 1934 is warranted to ensure that 

16 that section does not provide such protection to such 

17 websites. 

18 SEC. 3. ENSURING ABILITY TO ENFORCE FEDERAL AND 

19 STATE CRIMINAL AND CIVIL LAW RELATING 

20 TO SEX TRAFFICKING. 

21 (a) IN GENERAL.—Section 230 of the Communica22 tions Act of 1934 (47 U.S.C. 230) is amended— 

23 (1) in subsection (b)— 

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

25 the end; 

mstockstill on DSK30JT082PROD with BILLS

3 

•S 1693 IS

1 (B) in paragraph (5), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

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

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

6 and 

7 (2) in subsection (e)— 

8 (A) in paragraph (1)— 

9 (i) by inserting ‘‘section 1591 (relat10 ing to sex trafficking) of that title,’’ after 

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

12 (ii) by striking ‘‘impair the enforce13 ment’’ and inserting the following: ‘‘im14 pair— 

15 ‘‘(A) the enforcement’’; and 

16 (iii) by striking ‘‘statute.’’ and insert17 ing the following: ‘‘statute; or 

18 ‘‘(B) any State criminal prosecution or 

19 civil enforcement action targeting conduct that 

20 violates a Federal criminal law prohibiting— 

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

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

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

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

mstockstill on DSK30JT082PROD with BILLS

4 

•S 1693 IS

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

2 SEX TRAFFICKING.—Nothing in this section shall be 

3 construed to impair the enforcement or limit the ap4 plication of section 1595 of title 18, United States 

5 Code.’’. 

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

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

8 this Act, and the amendment made by subsection 

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

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

11 on, or after such date of enactment. 

12 SEC. 4. ENSURING FEDERAL LIABILITY FOR PUBLISHING 

13 INFORMATION DESIGNED TO FACILITATE 

14 SEX TRAFFICKING OR OTHERWISE FACILI15 TATING SEX TRAFFICKING. 

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

17 amended— 

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

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

20 (2) by inserting after paragraph (3) the fol21 lowing: 

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

23 means knowing conduct by an individual or entity, 

mstockstill on DSK30JT082PROD with BILLS

5 

•S 1693 IS

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

2 violation of subsection (a)(1).’’. 

Æ 

mstockstill on DSK30JT082PROD with BILLS