[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1865 Introduced in House (IH)]
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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.
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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
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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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allow States and Victims to Fight
Online Sex Trafficking Act of 2017''.
SEC. 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.
SEC. 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.
SEC. 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)''.
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