I 

115TH CONGRESS 

1ST SESSION H. R. 1865 

To amend the Communications Act of 1934 to clarify that section 230 

of such Act does not prohibit the enforcement against providers and 

users of interactive computer services of Federal and State criminal 

and civil law relating to sexual exploitation of children or sex trafficking, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2017 

Mrs. WAGNER (for herself, Mrs. BEATTY, Mr. SMITH of New Jersey, Ms. 

CLARKE of New York, Mr. POE of Texas, Mrs. CAROLYN B. MALONEY

of New York, Mr. ROYCE of California, Mrs. ROBY, Mr. KINZINGER, and 

Ms. JENKINS of Kansas) introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committee on 

Energy and Commerce, 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 

A BILL 

To amend the Communications Act of 1934 to clarify that 

section 230 of such Act does not prohibit the enforcement against providers and users of interactive computer 

services of Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking, 

and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Allow States and Vic3 tims to Fight Online Sex Trafficking 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; commonly known as the 

8 ‘‘Communications Decency Act of 1996’’) was never 

9 intended to provide legal protection to websites that 

10 facilitate traffickers in advertising the sale of unlaw11 ful sex acts with sex trafficking victims. 

12 (2) Clarification of such section is warranted to 

13 ensure that such section does not provide such pro14 tection to such websites. 

15 SEC. 3. ENSURING ABILITY TO ENFORCE FEDERAL AND 

16 STATE CRIMINAL AND CIVIL LAW RELATING 

17 TO SEXUAL EXPLOITATION OF CHILDREN OR 

18 SEX TRAFFICKING. 

19 (a) IN GENERAL.—Section 230 of the Communica20 tions Act of 1934 (47 U.S.C. 230) is amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (4), by striking ‘‘; and’’ 

23 and inserting a semicolon; 

24 (B) in paragraph (5), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(6) to ensure vigorous enforcement against 

2 providers and users of interactive computer services 

3 of Federal and State criminal and civil law relating 

4 to sexual exploitation of children or sex trafficking, 

5 including through the availability of a civil remedy 

6 for victims of sex trafficking.’’; and 

7 (2) in subsection (e)— 

8 (A) in paragraph (1)— 

9 (i) by inserting ‘‘section 1591 of such 

10 title (relating to sex trafficking),’’ after 

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

12 (ii) by striking ‘‘impair the enforce13 ment of section’’ and inserting the fol14 lowing: ‘‘impair the enforcement of, or 

15 limit the availability of victim restitution 

16 under— 

17 ‘‘(A) section’’; and 

18 (iii) by striking ‘‘statute.’’ and insert19 ing the following: ‘‘statute; or 

20 ‘‘(B) any State criminal statute that pro21 hibits— 

22 ‘‘(i) sexual exploitation of children; 

23 ‘‘(ii) sex trafficking of children; or 

24 ‘‘(iii) sex trafficking by force, threats 

25 of force, fraud, or coercion.’’; 


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1 (B) in the second sentence of paragraph 

2 (3), by striking ‘‘No cause of action’’ and in3 serting ‘‘Except as provided in paragraphs 

4 (1)(B) and (5)(B), no cause of action’’; and 

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

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

7 SEXUAL EXPLOITATION OF CHILDREN OR SEX TRAF8 FICKING.—Nothing in this section shall be construed 

9 to impair the enforcement or limit the application 

10 of— 

11 ‘‘(A) section 1595 of title 18, United 

12 States Code; or 

13 ‘‘(B) any other Federal or State law that 

14 provides causes of action, restitution, or other 

15 civil remedies to victims of— 

16 ‘‘(i) sexual exploitation of children; 

17 ‘‘(ii) sex trafficking of children; or 

18 ‘‘(iii) sex trafficking by force, threats 

19 of force, fraud, or coercion.’’. 

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

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

22 of this Act, and the amendment made by subsection 

23 (a)(2)(C) (and, to the extent it relates to such amendment, 

24 the amendment made by subsection (a)(2)(B)) shall apply 

25 regardless of whether the conduct alleged occurred, or is 


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1 alleged to have occurred, before, on, or after such date 

2 of enactment. 

3 SEC. 4. ENSURING FEDERAL LIABILITY FOR PUBLISHING 

4 INFORMATION DESIGNED TO FACILITATE 

5 SEX TRAFFICKING. 

6 (a) IN GENERAL.—Section 1591 of title 18, United 

7 States Code, is amended— 

8 (1) by redesignating subsection (e) as sub9 section (f); 

10 (2) in subsection (f), as redesignated by para11 graph (1), by adding at the end the following: 

12 ‘‘(6) ‘‘The terms ‘information content provider’ 

13 and ‘interactive computer service’ have the meanings 

14 given those terms in section 230 of the Communica15 tions Act of 1934 (47 U.S.C. 230). 

16 ‘‘(7) The term ‘participation in a venture’ in17 cludes knowing or reckless conduct by any person or 

18 entity and by any means that furthers or in anyway 

19 aids or abets the violation of subsection (a)(1).’’; 

20 and 

21 (3) by inserting after subsection (d) the fol22 lowing: 

23 ‘‘(e)(1) Whoever, being a provider of an interactive 

24 computer service, publishes information provided by an in25 formation content provider, with reckless disregard that 


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1 the information provided by the information content pro2 vider is in furtherance of an offense under subsection (a) 

3 or an attempt to commit such an offense, shall be fined 

4 in accordance with this title or imprisoned not more than 

5 20 years, or both. 

6 ‘‘(2) Nothing in paragraph (1) shall be construed to 

7 require the Federal Government in a prosecution, or a 

8 plaintiff in a civil action, to prove any intent on the part 

9 of the information content provider.’’. 

10 (b) CLERICAL AMENDMENTS.—Such section is fur11 ther amended by striking ‘‘subsection (e)(2)’’ each place 

12 it appears and inserting ‘‘subsection (f)(2)’’. 

Æ 


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