Stop Enabling Sex Traffickers Act of 2017

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. Short title This Act may be cited as the Stop Enabling Sex Traffickers Act of 2017 2. Findings Congress finds the following: (1) Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 Public Law 104–104 Communications Decency Act of 1996 (2) Clarification of section 230 of the Communications Act of 1934 is warranted to ensure that that section does not provide such protection to such websites. 3. Ensuring ability to enforce Federal and State criminal and civil law relating to sex trafficking (a) In general Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (1) in subsection (b)— (A) in paragraph (4), by striking and (B) in paragraph (5), by striking the period at the end and inserting ; and (C) by adding at the end the following: (6) to ensure vigorous enforcement of Federal criminal and civil law relating to sex trafficking. ; and (2) in subsection (e)— (A) in paragraph (1)— (i) by inserting section 1591 (relating to sex trafficking) of that title, title 18, United States Code, (ii) by striking impair the enforcement (A) the enforcement ; and (iii) by striking statute. (B) any State criminal prosecution or civil enforcement action targeting conduct that violates a Federal criminal law prohibiting— (i) sex trafficking of children; or (ii) sex trafficking by force, threats of force, fraud, or coercion. ; and (B) by adding at the end the following: (5) No effect on civil law relating to sex trafficking Nothing in this section shall be construed to impair the enforcement or limit the application of section 1595 of title 18, United States Code. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act, and the amendment made by subsection (a)(2)(B) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment. 4. Ensuring Federal liability for publishing information designed to facilitate sex trafficking or otherwise facilitating sex trafficking Section 1591(e) of title 18, United States Code, is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: (4) The term participation in a venture . 1. Short title This Act may be cited as the Stop Enabling Sex Traffickers Act of 2017 2. Findings Congress finds the following: (1) Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 Public Law 104–104 Communications Decency Act of 1996 (2) Clarification of section 230 of the Communications Act of 1934 is warranted to ensure that that section does not provide such protection to such websites. 3. Ensuring ability to enforce Federal and State criminal and civil law relating to sex trafficking (a) In general Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (1) in subsection (b)— (A) in paragraph (4), by striking and (B) in paragraph (5), by striking the period at the end and inserting ; and (C) by adding at the end the following: (6) to ensure vigorous enforcement of Federal criminal and civil law relating to sex trafficking. ; and (2) in subsection (e), by adding at the end the following: (5) No effect on sex trafficking law Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit— (A) any claim in a civil action brought under section 1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of that title; or (B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge constitutes a violation of section 1591 of title 18, United States Code. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act, and the amendment made by subsection (a)(2) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment. 4. Ensuring Federal liability for publishing information designed to facilitate sex trafficking or otherwise facilitating sex trafficking Section 1591(e) of title 18, United States Code, is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: (4) The term participation in a venture . 5. Actions by State attorneys general (a) In general Section 1595 of title 18, United States Code, is amended by adding at the end the following: (d) In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 1591, the attorney general of the State, as parens patriae, may bring a civil action against such person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. . (b) Technical and conforming amendments Section 1595 of title 18, United States Code, is amended— (1) in subsection (b)(1), by striking this section subsection (a) (2) in subsection (c), in the matter preceding paragraph (1), by striking this section subsection (a) 6. Savings clause Nothing in this Act or the amendments made by this Act is intended to limit— (1) any claim or cause of action under Federal law that was filed, or could have been filed, before the date of enactment of this Act; or (2) any claim or cause of action under State law, including statutory and common law, that— (A) was filed, or could have been filed, before the date of enactment of this Act; and (B) was not preempted by section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 January 10, 2018 Reported with an amendment

Summary: Stop Enabling Sex Traffickers Act of 2017 (Sec. 3) This bill amends the Communications Act of 1934 to specify that communications decency provisions protecting providers from liability for the private blocking or screening of offensive material shall not be construed to impair or limit civil action or criminal prosecution under state or federal criminal or civil laws relating to sex trafficking of children or sex trafficking by force, fraud, or coercion. (Sec. 4) The bill amends the federal criminal code to specify that the violation for benefiting from "participation in a venture" engaged in sex trafficking of children, or sex trafficking by force, fraud, or coercion, includes knowingly assisting, supporting, or facilitating the violation. (Sec. 5) The bill amends the federal criminal code to allow a state attorney general to bring a civil action in U.S. district court on behalf of the state's residents if the attorney general believes an interest of the residents has been or is threatened or adversely affected by any person who knowingly participates in the sex trafficking of children or sex trafficking by force, fraud, or coercion.