[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4758 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4758

To require reporting of suspicious transmissions in order to assist in 
criminal investigations and counterintelligence activities relating to 
            international terrorism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2020

Mr. Manchin (for himself and Mr. Cornyn) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require reporting of suspicious transmissions in order to assist in 
criminal investigations and counterintelligence activities relating to 
            international terrorism, 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 ``See Something, Say Something Online 
Act of 2020''.

SEC. 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 for 
        websites or interactive computer services that do nothing after 
        becoming aware of instances of individuals or groups planning, 
        committing, promoting, and facilitating terrorism, serious drug 
        offenses, and violent crimes;
            (2) it is not the intent of this Act to remove or strip all 
        liability protection from websites or interactive computer 
        services that are proactively working to resolve these issues; 
        and
            (3) should websites or interactive service providers fail 
        to exercise due care in the implementation, filing of the 
        suspicious transmission activity reports, and reporting of 
        major crimes, Congress intends to look at removing liability 
        protections under the Communications Decency Act of 1996 in its 
        entirety.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Justice.
            (2) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given the term in section 
        230 of the Communications Act of 1934 (47 U.S.C. 230).
            (3) Known suspicious transmission.--The term ``known 
        suspicious transmission'' is any suspicious transmission that 
        an interactive computer service should have reasonably known to 
        have occurred or have been notified of by a director, officer, 
        employee, agent, interactive computer service user, or State or 
        Federal law enforcement agency.
            (4) Major crime.--The term ``major crime'' means a Federal 
        criminal offense--
                    (A) that is a crime of violence (as defined in 
                section 16 of title 18, United States Code);
                    (B) relating to domestic or international terrorism 
                (as those terms are defined in section 2331 of title 
                18, United States Code); and
                    (C) that is a serious drug offense (as defined in 
                section 924(e) of title 18, United States Code).
            (5) STAR.--The term ``STAR'' means a suspicious 
        transmission activity report required to be submitted under 
        section 3.
            (6) Suspicious transmission.--The term ``suspicious 
        transmission'' means any public or private post, message, 
        comment, tag, transaction, or any other user-generated content 
        or transmission that commits, facilitates, incites, promotes, 
        or otherwise assists the commission of a major crime.

SEC. 4. REPORTING OF SUSPICIOUS ACTIVITY.

    (a) Mandatory Reporting of Suspicious Transmissions.--
            (1) In general.--If a provider of an interactive computer 
        service detects a suspicious transmission, the interactive 
        computer service, including any director, officer, employee, 
        agent, or representative of such provider, shall submit to the 
        Department a STAR describing the suspicious transmission in 
        accordance with this section.
            (2) Requirements.--
                    (A) In general.--Except as provided in subparagraph 
                (C), a STAR required to be submitted under paragraph 
                (1) shall be submitted not later than 30 days after the 
                date on which the interactive computer service--
                            (i) initially detects the suspicious 
                        transmission; or
                            (ii) is alerted to the suspicious 
                        transmission on the platform of such service.
                    (B) Immediate notification.--In the case of a 
                suspicious transmission that requires immediate 
                attention, such as an active sale or solicitation of 
                sale of drugs or a threat of terrorist activity, the 
                provider of an interactive computer service shall--
                            (i) immediately notify, by telephone, an 
                        appropriate law enforcement authority; and
                            (ii) file a STAR in accordance with this 
                        section.
                    (C) Delay of submission.--The 30-day period 
                described in subparagraph (A) may be extended by 30 
                days if the provider of an interactive computer service 
                provides a valid reason to the agency designated or 
                established under subsection (b)(2).
    (b) Reporting Process.--
            (1) In general.--The Attorney General shall establish a 
        process by which a provider of an interactive computer service 
        may submit STARs under this section.
            (2) Designated agency.--
                    (A) In general.--In carrying out this section, the 
                Attorney General shall designate an agency within the 
                Department, or, if the Attorney General determines 
                appropriate, establish a new agency within the 
                Department, to which STARs should be submitted under 
                subsection (a).
                    (B) Consumer reporting.--The agency designated or 
                established under subparagraph (A) shall establish a 
                centralized online resource, which may be used by 
                individual members of the public to report suspicious 
                activity related to major crimes for investigation by 
                the appropriate law enforcement or regulatory agency.
                    (C) Cooperation with industry.--The agency 
                designated or established under subparagraph (A)--
                            (i) may conduct training for enforcement 
                        agencies and for providers of interactive 
                        computer services on how to cooperate in 
                        reporting suspicious activity;
                            (ii) may develop relationships for 
                        promotion of reporting mechanisms and resources 
                        available on the centralized online resource 
                        required to be established under subparagraph 
                        (B); and
                            (iii) shall coordinate with the National 
                        White Collar Crime Center to convene experts to 
                        design training programs for State and local 
                        law enforcement agencies, which may include 
                        using social media, online ads, paid 
                        placements, and partnering with expert 
                        nonprofit organizations to promote awareness 
                        and engage with the public.
    (c) Contents.--Each STAR submitted under this section shall 
contain, at a minimum--
            (1) the name, location, and other such identification 
        information as submitted by the user to the provider of the 
        interactive computer service;
            (2) the date and nature of the post, message, comment, tag, 
        transaction, or other user-generated content or transmission 
        detected for suspicious activity such as time, origin, and 
        destination; and
            (3) any relevant text, information, and metadata related to 
        the suspicious transmission.
    (d) Retention of Records and Nondisclosure.--
            (1) Retention of records.--Each provider of an interactive 
        computer service shall--
                    (A) maintain a copy of any STAR submitted under 
                this section and the original record equivalent of any 
                supporting documentation for the 5-year period 
                beginning on the date on which the STAR was submitted;
                    (B) make all supporting documentation available to 
                the Department and any appropriate law enforcement 
                agencies upon request; and
                    (C) not later than 30 days after the date on which 
                the interactive computer service submits a STAR under 
                this section, take action against the website or 
                account reported unless the provider of an interactive 
                computer service receives a notification from a law 
                enforcement agency that the website or account should 
                remain open.
            (2) Nondisclosure.--Except as otherwise prescribed by the 
        Attorney General, no provider of an interactive computer 
        service, or officer, director, employee, or agent of such a 
        provider, subject to an order under subsection (a) may disclose 
        the existence of, or terms of, the order to any person.
    (e) Disclosure to Other Agencies.--
            (1) In general.--Subject to paragraph (2), the Attorney 
        General shall--
                    (A) ensure that STARs submitted under this section 
                and reports from the public submitted under subsection 
                (b)(2)(B) are referred as necessary to the appropriate 
                Federal, State, or local law enforcement or regulatory 
                agency;
                    (B) make information in a STAR submitted under this 
                section available to an agency, including any State 
                financial institutions supervisory agency or United 
                States intelligence agency, upon request of the head of 
                the agency; and
                    (C) develop a strategy to disseminate relevant 
                information in a STAR submitted under this section in a 
                timely manner to other law enforcement and government 
                agencies, as appropriate, and coordinate with relevant 
                nongovernmental entities, such as the National Center 
                for Missing and Exploited Children.
            (2) Limitation.--The Attorney General may only make a STAR 
        available under paragraph (1) for law enforcement purposes.
    (f) Compliance.--Any provider of an interactive computer service 
that fails to report a known suspicious transmission shall not be 
immune from civil or criminal liability for such transmission under 
section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)).
    (g) Application of FOIA.--Any STAR submitted under this section, 
and any information therein or record thereof, shall be exempt from 
disclosure under section 552 of title 5, United States Code, or any 
similar State, local, Tribal, or territorial law.
    (h) Rulemaking Authority.--Not later than 180 days after the date 
of enactment of this Act, the Attorney General shall promulgate 
regulations to carry out this section.
    (i) Report.--Not later than 180 days after the date of enactment of 
this Act, the Attorney General shall submit to Congress a report 
describing the plan of the Department for implementation of this Act, 
including a breakdown of the costs associated with implementation.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary to 
carry out this Act.

SEC. 5. AMENDMENT TO 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:
            ``(6) Loss of liability protection for failure to submit 
        suspicious transmission activity report.--
                    ``(A) Requirement.--Any provider of an interactive 
                computer service shall take reasonable steps to prevent 
                or address unlawful users of the service through the 
                reporting of suspicious transmissions.
                    ``(B) Failure to comply.--Any provider of an 
                interactive computer service that fails to report a 
                known suspicious transmission may be held liable as a 
                publisher for the related suspicious transmission.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall be construed to impair or limit any 
                claim or cause of action arising from the failure of a 
                provider of an interactive computer service to report a 
                suspicious transmission.''.
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