Allow States and Victims to Fight Online Sex Trafficking Act of 2017

Bill: 115-hr-1865
Sponsor: Rep. Wagner, Ann [R-MO-2]
Introduced: 2017-04-03 in the House
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability
Crime victims
Crimes against children
Criminal investigation, prosecution, interrogation
Human trafficking
Internet and video services
Internet, web applications, social media
Pornography
Sex offenses

Summary:
action_date: 2017-04-03
text: 

Allow States and Victims to Fight Online Sex Trafficking Act of 2017

 
This bill amends the Communications Act of 1934 to specify that communications decency provisions protecting providers or users of interactive computer services from liability for the private blocking or screening of offensive material shall not be construed to impair the enforcement of, or limit availability of victim restitution or civil remedies under, state or federal criminal or civil laws relating to sexual exploitation of children or sex trafficking. 
 
The bill amends the federal criminal code to specify that the violation for benefiting from &quot;participation in a venture&quot; engaged in sex trafficking of children, or by force, fraud, or coercion, includes knowing or reckless conduct by any person or entity and by any means that furthers or in any way aids or abets the violation.
 
A provider of an interactive computer service that publishes information provided by an information content provider with reckless disregard that the information is in furtherance of a sex trafficking offense shall be subject to a criminal fine or imprisonment for not more than 20 years.

action_date: 2018-02-20
text: 

Allow States and Victims to Fight Online Sex Trafficking Act of 2017

 
(Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and contribute to sex trafficking. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others.
 
(Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties&#8212;a fine, a prison term of up to 10 years, or both&#8212;on a person who uses or operates (or attempts to use or operate) a facility or means of interstate or foreign commerce to promote or facilitate the prostitution of another person. 
 
Additionally, it establishes enhanced penalties&#8212;a fine, a prison term of up to 25 years, or both&#8212;for a person who uses or operates a facility of interstate or foreign commerce to promote or facilitate the prostitution of another person in one of the following aggravating circumstances: (1) promoting or facilitating the prostitution of five or more persons, or (2) acting with reckless disregard that such conduct contributes to sex trafficking.
 
A court must order mandatory restitution, in addition to other criminal or civil penalties. 
 
A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.
 
A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. 
 
(Sec. 4) The bill amends the Communications Act of 1934 to prohibit construing section 230 to limit state criminal charges for conduct: (1) that promotes or facilitates prostitution in violation of this bill, or (2) that constitutes child sex trafficking.
 
(Sec. 5) Additionally, it prohibits construing this bill to limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934.

action_date: 2018-02-27
text: 

Allow States and Victims to Fight Online Sex Trafficking Act of 2017

 
(Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others.
 
(Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties&#8212;a fine, a prison term of up to 10 years, or both&#8212;on a person who, using a facility or means of interstate or foreign commerce, owns, manages, or operates an interactive computer service (or attempts or conspires to do so) to promote or facilitate the prostitution of another person. 
 
Additionally, it establishes enhanced penalties&#8212;a fine, a prison term of up to 25 years, or both&#8212;for a person who commits the offense in one of the following aggravating circumstances: (1) promotes or facilitates the prostitution of five or more persons, or (2) acts with reckless disregard that such conduct contributes to sex trafficking.
 
A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.
 
A court must order mandatory restitution, in addition to other criminal or civil penalties, for an aggravated offense in which a person acts with reckless disregard that such conduct contributes to sex trafficking. 
 
A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. 
 
(Sec. 4) The bill amends the Communications Act of 1934 to declare that section 230 does not limit: (1) a federal civil claim for conduct that constitutes sex trafficking, (2) a federal criminal charge for conduct that constitutes sex trafficking, or (3) a state criminal charge for conduct that promotes or facilitates prostitution in violation of this bill.
 
The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment. 
 
(Sec. 5) The bill amends the federal criminal code to define a phrase related to the prohibition on sex trafficking. Currently, it a crime to knowingly benefit from participation in a venture that engages in sex trafficking. This bill defines &quot;participation in a venture&quot; to mean knowingly assisting, supporting, or facilitating a sex trafficking violation.
 
(Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations.
 
(Sec. 7) This section states that this bill does not limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934.
 
(Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.

action_date: 2018-03-21
text: 

Allow States and Victims to Fight Online Sex Trafficking Act of 2017

 
(Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others.
 
(Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties&#8212;a fine, a prison term of up to 10 years, or both&#8212;on a person who, using a facility or means of interstate or foreign commerce, owns, manages, or operates an interactive computer service (or attempts or conspires to do so) to promote or facilitate the prostitution of another person.
 
Additionally, it establishes enhanced penalties&#8212;a fine, a prison term of up to 25 years, or both&#8212;for a person who commits the offense in one of the following aggravating circumstances: (1) promotes or facilitates the prostitution of five or more persons, or (2) acts with reckless disregard that such conduct contributes to sex trafficking.
 
A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.
 
A court must order mandatory restitution, in addition to other criminal or civil penalties, for an aggravated offense in which a person acts with reckless disregard that such conduct contributes to sex trafficking.
 
A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted.
 
(Sec. 4) The bill amends the Communications Act of 1934 to declare that section 230 does not limit: (1) a federal civil claim for conduct that constitutes sex trafficking, (2) a federal criminal charge for conduct that constitutes sex trafficking, or (3) a state criminal charge for conduct that promotes or facilitates prostitution in violation of this bill.
 
The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment.
 
(Sec. 5) The bill amends the federal criminal code to define a phrase related to the prohibition on sex trafficking. Currently, it a crime to knowingly benefit from participation in a venture that engages in sex trafficking. This bill defines &quot;participation in a venture&quot; to mean knowingly assisting, supporting, or facilitating a sex trafficking violation.
 
(Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations.
 
(Sec. 7) This section states that this bill does not limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934.
 
(Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.

action_date: 2018-04-11
text: 

Allow States and Victims to Fight Online Sex Trafficking Act of 2017

 
(Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others.
 
(Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties&#8212;a fine, a prison term of up to 10 years, or both&#8212;on a person who, using a facility or means of interstate or foreign commerce, owns, manages, or operates an interactive computer service (or attempts or conspires to do so) to promote or facilitate the prostitution of another person.
 
Additionally, it establishes enhanced penalties&#8212;a fine, a prison term of up to 25 years, or both&#8212;for a person who commits the offense in one of the following aggravating circumstances: (1) promotes or facilitates the prostitution of five or more persons, or (2) acts with reckless disregard that such conduct contributes to sex trafficking.
 
A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.
 
A court must order mandatory restitution, in addition to other criminal or civil penalties, for an aggravated offense in which a person acts with reckless disregard that such conduct contributes to sex trafficking.
 
A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted.
 
(Sec. 4) The bill amends the Communications Act of 1934 to declare that section 230 does not limit: (1) a federal civil claim for conduct that constitutes sex trafficking, (2) a federal criminal charge for conduct that constitutes sex trafficking, or (3) a state criminal charge for conduct that promotes or facilitates prostitution in violation of this bill.
 
The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment.
 
(Sec. 5) The bill amends the federal criminal code to define a phrase related to the prohibition on sex trafficking. Currently, it a crime to knowingly benefit from participation in a venture that engages in sex trafficking. This bill defines &quot;participation in a venture&quot; to mean knowingly assisting, supporting, or facilitating a sex trafficking violation.
 
(Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations.
 
(Sec. 7) This section states that this bill does not limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934.
 
(Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.


Legislative actions:
action_date: 2018-04-11
text: Became Public Law No: 115-164.
action_date: 2018-04-11
text: Became Public Law No: 115-164.
action_date: 2018-04-11
text: Signed by President.
action_date: 2018-04-11
text: Signed by President.
action_date: 2018-04-03
text: Presented to President.
action_date: 2018-04-03
text: Presented to President.
action_date: 2018-03-21
text: Message on Senate action sent to the House.
action_date: 2018-03-21
text: Passed Senate without amendment by Yea-Nay Vote. 97 - 2. Record Vote Number: 60.
action_date: 2018-03-21
text: Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 97 - 2. Record Vote Number: 60.
action_date: 2018-03-21
text: Measure laid before Senate by unanimous consent. (consideration: CR S1849-1872)
action_date: 2018-03-20
text: Motion to proceed to measure considered in Senate. (CR S1801)
action_date: 2018-03-19
text: Senate vitiated previous cloture on the motion to proceed to the measure by Unanimous Consent. (consideration: CR S1780-1784)
action_date: 2018-03-19
text: Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 94 - 2. Record Vote Number: 57. (CR S1780)
action_date: 2018-03-19
text: Motion to proceed to measure considered in Senate. (CR S1773)
action_date: 2018-03-15
text: Motion to proceed to measure considered in Senate. (CR S1742)
action_date: 2018-03-14
text: Cloture motion on the motion to proceed to the measure presented in Senate.
action_date: 2018-03-14
text: Motion to proceed to consideration of measure made in Senate. (CR S1731)
action_date: 2018-03-01
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 339.
action_date: 2018-02-28
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2018-02-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2018-02-27
text: On passage Passed by recorded vote: 388 - 25 (Roll no. 91).
action_date: 2018-02-27
text: Passed/agreed to in House: On passage Passed by recorded vote: 388 - 25 (Roll no. 91).
action_date: 2018-02-27
text: The previous question was ordered pursuant to the rule.
action_date: 2018-02-27
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2018-02-27
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1865.
action_date: 2018-02-27
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of an amendment which had been debated earlier and on which further proceedings had been postponed.
action_date: 2018-02-27
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2018-02-27
text: Considered as unfinished business. (consideration: CR H1317-1319)
action_date: 2018-02-27
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1865 as unfinished business.
action_date: 2018-02-27
text: On motion that the Committee rise Agreed to by voice vote.
action_date: 2018-02-27
text: Mrs. Roby moved that the Committee rise.
action_date: 2018-02-27
text: DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
action_date: 2018-02-27
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Mimi Walters amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Lofgren demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
action_date: 2018-02-27
text: DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Mrs. Mimi Walters (CA) amendment No. 2.
action_date: 2018-02-27
text: DEBATE - Pursuant to the provisions of H.Res. 748, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
action_date: 2018-02-27
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1865.
action_date: 2018-02-27
text: The Speaker designated the Honorable Jeff Denham to act as Chairman of the Committee.
action_date: 2018-02-27
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 748 and Rule XVIII.
action_date: 2018-02-27
text: Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
action_date: 2018-02-27
text: Considered under the provisions of rule H. Res. 748. (consideration: CR H1290-1305; text of amendment in the nature of a substitute: CR H1301)
action_date: 2018-02-27
text: Rule H. Res. 748 passed House.
action_date: 2018-02-26
text: Rules Committee Resolution H. Res. 748 Reported to House. Rule provides for consideration of H.R. 1865. Rule provides for consideration of H.R. 1865 under a structured rule with one hour of debate equally divided and controlled by the Chair and Ranking Member of the Committee on the Judiciary. The rule makes in order an amendment in the nature of a substitute recommended by the Committee on the Judiciary printed in the bill. The rule also provides one motion to recommit with or without instructions.
action_date: 2018-02-20
text: Placed on the Union Calendar, Calendar No. 432.
action_date: 2018-02-20
text: Committee on Energy and Commerce discharged.
action_date: 2018-02-20
text: Committee on Energy and Commerce discharged.
action_date: 2018-02-20
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
action_date: 2018-02-20
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 115-572, Part I.
action_date: 2017-12-12
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2017-12-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2017-04-26
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
action_date: 2017-04-07
text: Referred to the Subcommittee on Communications and Technology.
action_date: 2017-04-03
text: 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.
action_date: 2017-04-03
text: 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.
action_date: 2017-04-03
text: Introduced in House
action_date: 2017-04-03
text: Introduced in House

Enacted as: number: 115-164