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

Bill: 115-hr-1865
Sponsor: full_name: Rep. Wagner, Ann [R-MO-2]
Introduced: 2017-04-03
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
Latest action: action_date: 2018-04-11
text: Became Public Law No: 115-164.

Summaries:
action_date: 2017-04-03
action_desc: Introduced in House
text: <p><b>Allow States and Victims to Fight Online Sex Trafficking Act of 2017</b></p> <p>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. </p> <p>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.</p> <p>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.</p>

action_date: 2018-02-20
action_desc: Reported to House amended, Part I
text: <p><b>Allow States and Victims to Fight Online Sex Trafficking Act of 2017</b></p> <p>(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.</p> <p>(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. </p> <p>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.</p> <p>A court must order mandatory restitution, in addition to other criminal or civil penalties. </p> <p>A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.</p> <p>A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. </p> <p>(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.</p> <p>(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.</p>

action_date: 2018-02-27
action_desc: Passed House amended
text: <p><b>Allow States and Victims to Fight Online Sex Trafficking Act of 2017</b></p> <p>(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.</p> <p>(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. </p> <p>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.</p> <p>A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.</p> <p>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. </p> <p>A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. </p> <p>(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.</p> <p>The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment. </p> <p>(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.</p> <p>(Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations.</p> <p>(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.</p> <p>(Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.</p>

action_date: 2018-03-21
action_desc: Passed Senate without amendment
text: <p><b>Allow States and Victims to Fight Online Sex Trafficking Act of 2017</b></p> <p>(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.</p> <p>(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.</p> <p>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.</p> <p>A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.</p> <p>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.</p> <p>A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted.</p> <p>(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.</p> <p>The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment.</p> <p>(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.</p> <p>(Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations.</p> <p>(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.</p> <p>(Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.</p>

action_date: 2018-04-11
action_desc: Public Law
text: <p><b>Allow States and Victims to Fight Online Sex Trafficking Act of 2017</b></p> <p>(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.</p> <p>(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.</p> <p>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.</p> <p>A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action.</p> <p>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.</p> <p>A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted.</p> <p>(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.</p> <p>The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment.</p> <p>(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.</p> <p>(Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations.</p> <p>(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.</p> <p>(Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1865 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. Short title This Act may be cited as the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 . 2. Findings Congress finds the following: (1) Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ; commonly known as the Communications Decency Act of 1996 ) was never intended to provide legal protection to websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims. (2) Clarification of such section is warranted to ensure that such section does not provide such protection to such websites. 3. Ensuring ability to enforce Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking (a) In general Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is amended— (1) in subsection (b)— (A) in paragraph (4), by striking ; and and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) to ensure vigorous 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, including through the availability of a civil remedy for victims of sex trafficking. ; and (2) in subsection (e)— (A) in paragraph (1)— (i) by inserting section 1591 of such title (relating to sex trafficking), after title 18, United States Code, ; (ii) by striking impair the enforcement of section and inserting the following: impair the enforcement of, or limit the availability of victim restitution under— (A) section ; and (iii) by striking statute. and inserting the following: statute; or (B) any State criminal statute that prohibits— (i) sexual exploitation of children; (ii) sex trafficking of children; or (iii) sex trafficking by force, threats of force, fraud, or coercion. ; (B) in the second sentence of paragraph (3), by striking No cause of action and inserting Except as provided in paragraphs (1)(B) and (5)(B), no cause of action ; and (C) by adding at the end the following: (5) No effect on civil law relating to sexual exploitation of children or sex trafficking Nothing in this section shall be construed to impair the enforcement or limit the application of— (A) section 1595 of title 18, United States Code; or (B) any other Federal or State law that provides causes of action, restitution, or other civil remedies to victims of— (i) sexual exploitation of children; (ii) sex trafficking of children; or (iii) sex trafficking by force, threats of force, fraud, or coercion. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and the amendment made by subsection (a)(2)(C) (and, to the extent it relates to such amendment, 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 (a) In general Section 1591 of title 18, United States Code, is amended— (1) by redesignating subsection (e) as subsection (f); (2) in subsection (f), as redesignated by paragraph (1), by adding at the end the following: (6) “The terms information content provider and interactive computer service have the meanings given those terms in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ). (7) The term participation in a venture includes knowing or reckless conduct by any person or entity and by any means that furthers or in anyway aids or abets the violation of subsection (a)(1). ; and (3) by inserting after subsection (d) the following: (e) (1) Whoever, being a provider of an interactive computer service, publishes information provided by an information content provider, with reckless disregard that the information provided by the information content provider is in furtherance of an offense under subsection (a) or an attempt to commit such an offense, shall be fined in accordance with this title or imprisoned not more than 20 years, or both. (2) Nothing in paragraph (1) shall be construed to require the Federal Government in a prosecution, or a plaintiff in a civil action, to prove any intent on the part of the information content provider. . (b) Clerical amendments Such section is further amended by striking subsection (e)(2) each place it appears and inserting subsection (f)(2) .

tv_txt: IB Union Calendar No. 432 115th CONGRESS 2d Session H. R. 1865 [Report No. 115–572, Part I] 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 February 20, 2018 Additional sponsors: Mr. Smucker , Mr. Stivers , Mr. Weber of Texas , Mr. Fleischmann , Mr. Lance , Ms. Sewell of Alabama , Mr. Roskam , Mr. Rouzer , Ms. Moore , Mr. Shimkus , Mr. Vargas , Mr. Turner , Ms. Rosen , Mrs. Hartzler , Mr. Evans , Mr. Garrett , Mr. Katko , Ms. Kelly of Illinois , Ms. Wilson of Florida , Mr. LaHood , Mr. Coffman , Mr. Luetkemeyer , Mr. Bishop of Michigan , Ms. Stefanik , Mr. Crist , Mr. Carbajal , Mrs. Comstock , Mr. Rodney Davis of Illinois , Mr. Thomas J. Rooney of Florida , Mr. Graves of Missouri , Mr. Smith of Missouri , Mr. Zeldin , Mr. MacArthur , Mr. Pittenger , Mr. Conaway , Mr. Young of Iowa , Mr. Walker , Mr. Walberg , Mr. Harris , Mr. Messer , Mr. Smith of Texas , Mr. Brat , Mr. Poliquin , Mr. Valadao , Mrs. Mimi Walters of California , Mr. Gibbs , Ms. Herrera Beutler , Mr. Long , Mr. Butterfield , Mr. Payne , Ms. Bass , Ms. Eddie Bernice Johnson of Texas , Ms. Hanabusa , Ms. Blunt Rochester , Mrs. Lawrence , Ms. DeLauro , Ms. Michelle Lujan Grisham of New Mexico , Mr. Hastings , Mr. Richmond , Mrs. Love , Mr. Clay , Mr. Kildee , Mr. Brown of Maryland , Ms. Plaskett , Ms. Adams , Mr. Thompson of Mississippi , Mr. Cleaver , Mr. Bost , Ms. Tenney , Mr. Hudson , Mrs. Handel , Mr. Cuellar , Mr. Cole , Mr. Bilirakis , Mrs. Noem , Mrs. Brooks of Indiana , Ms. Ros-Lehtinen , Mr. Ross , Mr. Kelly of Mississippi , Mr. Donovan , Ms. Kuster of New Hampshire , Mr. Bishop of Georgia , Mrs. Watson Coleman , Mr. Palmer , Mr. Davidson , Ms. Foxx , Mrs. Black , Mr. Connolly , Mr. Faso , Mr. Rothfus , Mr. McCaul , Mr. Fitzpatrick , Mrs. Walorski , Mr. Reed , Mr. Joyce of Ohio , Mr. Brady of Pennsylvania , Mr. Stewart , Mr. Franks of Arizona , Ms. Sinema , Mr. Rush , Mr. Meeks , Mr. O'Halleran , Mr. Johnson of Louisiana , Mr. Posey , Mr. Jenkins of West Virginia , Mr. Gonzalez of Texas , Mr. Danny K. Davis of Illinois , Mr. McGovern , Mr. Gene Green of Texas , Mr. Lewis of Georgia , Mr. Espaillat , Mr. Keating , Mr. Nolan , Ms. Titus , Mr. Sean Patrick Maloney of New York , Mr. Serrano , Mr. DesJarlais , Mr. Curbelo of Florida , Mr. Aderholt , Mr. Hultgren , Mrs. Blackburn , Mr. Fortenberry , Mr. Kelly of Pennsylvania , Mr. King of Iowa , Mr. LaMalfa , Mr. Lamborn , Mr. Olson , Mr. Pearce , Mr. Sessions , Mr. Wilson of South Carolina , Mr. Cohen , Ms. Norton , Mr. Frelinghuysen , Mr. Paulsen , Mr. Reichert , Mr. Roe of Tennessee , Mr. Brady of Texas , Mr. Flores , Mr. Shuster , Mr. Hollingsworth , Mr. Byrne , Mr. Austin Scott of Georgia , Mr. Lawson of Florida , Miss Rice of New York , Mr. Mullin , Mr. Guthrie , Mr. Tiberi , Mr. Gohmert , Mr. Rice of South Carolina , Mr. Williams , Mr. Barletta , Mr. Sensenbrenner , Mr. Marshall , Mr. Burgess , Mr. Knight , Mr. Kustoff of Tennessee , Mr. Lucas , Ms. Velázquez , Mr. Capuano , Mr. Culberson , Mr. Perlmutter , Ms. Wasserman Schultz , Mr. Costa , Mr. Calvert , and Mr. Yoho Deleted sponsor: Mr. McNerney (added September 13, 2017; deleted September 25, 2017 ) February 20, 2018 Reported from the Committee on the Judiciary with an amendment Strike out all after the enacting clause and insert the part printed in italic February 20, 2018 The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on April 3, 2017 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. Short title This Act may be cited as the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 . 2. Sense of congress It is the sense of Congress that— (1) section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ; commonly known as the Communications Decency Act of 1996 ) was never intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and contribute to sex trafficking; (2) websites that promote and facilitate prostitution have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and (3) clarification of such section is warranted to ensure that such section does not provide such protection to such websites. 3. Promotion of prostitution and reckless disregard of sex trafficking (a) Promotion of prostitution Chapter 117 of title 18, United States Code, is amended by inserting after section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking (a) In general Whoever uses or operates a facility or means of interstate or foreign commerce or attempts to do so with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both. (b) Aggravated violation Whoever uses or operates a facility or means of interstate or foreign commerce with the intent to promote or facilitate the prostitution of another person and— (1) promotes or facilitates the prostitution of 5 or more persons; or (2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 1591(a), shall be fined under this title, imprisoned for not more than 25 years, or both. (c) Civil recovery Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys’ fees in an action before any appropriate United States district court. Consistent with section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), a defendant may be held liable, under this subsection, where promotion or facilitation of prostitution activity includes responsibility for the creation or development of all or part of the information or content provided through any interactive computer service. (d) Mandatory restitution Notwithstanding sections 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this section. (e) Affirmative Defense It shall be an affirmative defense to a charge of violating subsection (a) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted. . (b) Table of contents The table of contents for such chapter is amended by inserting after the item relating to section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking. . 4. Communications decency act Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) ) is amended by adding at the end the following: (5) No effect on state laws conforming to 18 u.s.c. 1591(a) or 2421a Nothing in this section shall be construed to impair or limit any charge in a criminal prosecution brought under State law— (A) if the conduct underlying the charge constitutes a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted; or (B) if the conduct underlying the charge constitutes a violation of section 1591(a) of title 18, United States Code. . 5. Savings clause Nothing in this Act or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act that was not limited or preempted by section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), as such section was in effect on the day before the date of enactment of this Act.

February 20, 2018 Reported from the Committee on the Judiciary with an amendment February 20, 2018 The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IB 115th CONGRESS 2d Session H. R. 1865 IN THE HOUSE OF REPRESENTATIVES AN ACT 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. Short title This Act may be cited as the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 . 2. Sense of congress It is the sense of Congress that— (1) section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ; commonly known as the Communications Decency Act of 1996 ) was never 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; (2) websites that promote and facilitate prostitution have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and (3) clarification of such section is warranted to ensure that such section does not provide such protection to such websites. 3. Promotion of prostitution and reckless disregard of sex trafficking (a) Promotion of prostitution Chapter 117 of title 18, United States Code, is amended by inserting after section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking (a) In general Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both. (b) Aggravated violation Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and— (1) promotes or facilitates the prostitution of 5 or more persons; or (2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 1591(a), shall be fined under this title, imprisoned for not more than 25 years, or both. (c) Civil recovery Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys’ fees in an action before any appropriate United States district court. (d) Mandatory restitution Notwithstanding sections 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any violation of subsection (b)(2). The scope and nature of such restitution shall be consistent with section 2327(b). (e) Affirmative Defense It shall be an affirmative defense to a charge of violating subsection (a), or subsection (b)(1) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted. . (b) Table of contents The table of contents for such chapter is amended by inserting after the item relating to section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking. . 4. Ensuring ability to enforce federal and state criminal and civil law relating to sex trafficking (a) In General Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) ) is amended 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; (B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18, United States Code; or (C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and the amendment made by subsection (a) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment. 5. 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 means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1). . 6. 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 and inserting subsection (a) ; and (2) in subsection (c), in the matter preceding paragraph (1), by striking this section and inserting subsection (a) . 7. Savings clause Nothing in this Act or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act that was not limited or preempted by section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), as such section was in effect on the day before the date of enactment of this Act. 8. GAO Study On the date that is 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report which includes the following: (1) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that resulted in an award of damages, including the amount claimed, the nature or description of the losses claimed to support the amount claimed, the losses proven, and the nature or description of the losses proven to support the amount awarded. (2) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that did not result in an award of damages, including— (A) the amount claimed and the nature or description of the losses claimed to support the amount claimed; and (B) whether the case was dismissed, and if the case was dismissed, information describing the reason for the dismissal. (3) Information on each order of restitution entered pursuant to section 2421A(d) of title 18, United States Code, including— (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government and the justification for, and calculation of, the amount requested, if restitution was requested; and (C) the amount ordered by the court and the justification for, and calculation of, the amount ordered. (4) For each defendant convicted of violating section 2421A(b) of title 18, United States Code, that was not ordered to pay restitution— (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government, if restitution was requested; and (C) information describing the reason that the court did not order restitution.

Passed the House of Representatives February 27, 2018. Karen L. Haas, Clerk.

tv_txt: IB One Hundred Fifteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen H. R. 1865 AN ACT 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. Short title This Act may be cited as the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 . 2. Sense of congress It is the sense of Congress that— (1) section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ; commonly known as the Communications Decency Act of 1996 ) was never 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; (2) websites that promote and facilitate prostitution have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and (3) clarification of such section is warranted to ensure that such section does not provide such protection to such websites. 3. Promotion of prostitution and reckless disregard of sex trafficking (a) Promotion of prostitution Chapter 117 of title 18, United States Code, is amended by inserting after section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking (a) In general Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both. (b) Aggravated violation Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and— (1) promotes or facilitates the prostitution of 5 or more persons; or (2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 1591(a), shall be fined under this title, imprisoned for not more than 25 years, or both. (c) Civil recovery Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys’ fees in an action before any appropriate United States district court. (d) Mandatory restitution Notwithstanding sections 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any violation of subsection (b)(2). The scope and nature of such restitution shall be consistent with section 2327(b). (e) Affirmative Defense It shall be an affirmative defense to a charge of violating subsection (a), or subsection (b)(1) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted. . (b) Table of contents The table of contents for such chapter is amended by inserting after the item relating to section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking. . 4. Ensuring ability to enforce federal and state criminal and civil law relating to sex trafficking (a) In General Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) ) is amended 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; (B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18, United States Code; or (C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and the amendment made by subsection (a) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment. 5. 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 means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1). . 6. 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 and inserting subsection (a) ; and (2) in subsection (c), in the matter preceding paragraph (1), by striking this section and inserting subsection (a) . 7. Savings clause Nothing in this Act or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act that was not limited or preempted by section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), as such section was in effect on the day before the date of enactment of this Act. 8. GAO Study On the date that is 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report which includes the following: (1) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that resulted in an award of damages, including the amount claimed, the nature or description of the losses claimed to support the amount claimed, the losses proven, and the nature or description of the losses proven to support the amount awarded. (2) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that did not result in an award of damages, including— (A) the amount claimed and the nature or description of the losses claimed to support the amount claimed; and (B) whether the case was dismissed, and if the case was dismissed, information describing the reason for the dismissal. (3) Information on each order of restitution entered pursuant to section 2421A(d) of title 18, United States Code, including— (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government and the justification for, and calculation of, the amount requested, if restitution was requested; and (C) the amount ordered by the court and the justification for, and calculation of, the amount ordered. (4) For each defendant convicted of violating section 2421A(b) of title 18, United States Code, that was not ordered to pay restitution— (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government, if restitution was requested; and (C) information describing the reason that the court did not order restitution.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: II Calendar No. 339 115th CONGRESS 2d Session H. R. 1865 IN THE SENATE OF THE UNITED STATES February 28, 2018 Received; read the first time March 1, 2018 Read the second time and placed on the calendar AN ACT 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. Short title This Act may be cited as the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 . 2. Sense of congress It is the sense of Congress that— (1) section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ; commonly known as the Communications Decency Act of 1996 ) was never 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; (2) websites that promote and facilitate prostitution have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and (3) clarification of such section is warranted to ensure that such section does not provide such protection to such websites. 3. Promotion of prostitution and reckless disregard of sex trafficking (a) Promotion of prostitution Chapter 117 of title 18, United States Code, is amended by inserting after section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking (a) In general Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both. (b) Aggravated violation Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) )), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and— (1) promotes or facilitates the prostitution of 5 or more persons; or (2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 1591(a), shall be fined under this title, imprisoned for not more than 25 years, or both. (c) Civil recovery Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys’ fees in an action before any appropriate United States district court. (d) Mandatory restitution Notwithstanding sections 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any violation of subsection (b)(2). The scope and nature of such restitution shall be consistent with section 2327(b). (e) Affirmative Defense It shall be an affirmative defense to a charge of violating subsection (a), or subsection (b)(1) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted. . (b) Table of contents The table of contents for such chapter is amended by inserting after the item relating to section 2421 the following: 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking. . 4. Ensuring ability to enforce federal and state criminal and civil law relating to sex trafficking (a) In General Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) ) is amended 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; (B) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 1591 of title 18, United States Code; or (C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, and the amendment made by subsection (a) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment. 5. 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 means knowingly assisting, supporting, or facilitating a violation of subsection (a)(1). . 6. 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 and inserting subsection (a) ; and (2) in subsection (c), in the matter preceding paragraph (1), by striking this section and inserting subsection (a) . 7. Savings clause Nothing in this Act or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act that was not limited or preempted by section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), as such section was in effect on the day before the date of enactment of this Act. 8. GAO Study On the date that is 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report which includes the following: (1) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that resulted in an award of damages, including the amount claimed, the nature or description of the losses claimed to support the amount claimed, the losses proven, and the nature or description of the losses proven to support the amount awarded. (2) Information on each civil action brought pursuant to section 2421A(c) of title 18, United States Code, that did not result in an award of damages, including— (A) the amount claimed and the nature or description of the losses claimed to support the amount claimed; and (B) whether the case was dismissed, and if the case was dismissed, information describing the reason for the dismissal. (3) Information on each order of restitution entered pursuant to section 2421A(d) of title 18, United States Code, including— (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government and the justification for, and calculation of, the amount requested, if restitution was requested; and (C) the amount ordered by the court and the justification for, and calculation of, the amount ordered. (4) For each defendant convicted of violating section 2421A(b) of title 18, United States Code, that was not ordered to pay restitution— (A) whether the defendant was a corporation or an individual; (B) the amount requested by the Government, if restitution was requested; and (C) information describing the reason that the court did not order restitution.

Passed the House of Representatives February 27, 2018. Karen L. Haas, Clerk

March 1, 2018 Read the second time and placed on the calendar