[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3984 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3984

To amend the Controlled Substances Act to provide a process to lock and 
 suspend domain names used to facilitate the online sale of controlled 
             substances illegally, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2022

 Ms. Klobuchar introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Controlled Substances Act to provide a process to lock and 
 suspend domain names used to facilitate the online sale of controlled 
             substances illegally, 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 ``Stop Illegal Online Sales of 
Controlled Substances Act''.

SEC. 2. DOMAIN NAMES USED TO FACILITATE THE ONLINE SALE OF CONTROLLED 
              SUBSTANCES ILLEGALLY.

    (a) In General.--Section 311 of the Controlled Substances Act (21 
U.S.C. 831) is amended by adding at the end the following:
    ``(k) Domain Names Used To Facilitate the Online Sale of Controlled 
Substances Illegally.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Domain name.--The term `domain name' means a 
                name that--
                            ``(i) identifies a specific location on the 
                        internet that belongs to a particular person; 
                        and
                            ``(ii) consists of 2 or more textual 
                        segments separated by dots.
                    ``(B) Domain name used to facilitate the online 
                sale of controlled substances illegally.--The term 
                `domain name used to facilitate the online sale of 
                controlled substances illegally' means a domain name 
                that identifies a location on the internet, a primary 
                or significant purpose of which is to introduce or 
                deliver for introduction into interstate commerce a 
                controlled substance in violation of this title.
                    ``(C) Lock.--The term `lock' means, with respect to 
                a domain name, for the registry operator or registrar 
                to systematically prevent the domain name from being 
                updated, transferred, or deleted during the balance of 
                the registration of the domain name, which may be 
                achieved using domain name registration protocols.
                    ``(D) Registrar.--The term `registrar' means an 
                organization that--
                            ``(i) manages the registration of domain 
                        names; and
                            ``(ii) during the registration process--
                                    ``(I) verifies that the requested 
                                domain name meets registry 
                                requirements; and
                                    ``(II) submits the name to the 
                                appropriate registry operator.
                    ``(E) Registry.--The term `registry' means an 
                authoritative master database of the domain names 
                registered in a top-level domain.
                    ``(F) Registry operator.--The term `registry 
                operator' means an organization that maintains a 
                registry, including by--
                            ``(i) receiving requests from registrars to 
                        add, delete, or modify domain names; and
                            ``(ii) making the requested changes in the 
                        registry.
                    ``(G) Suspend.--The term `suspend' means, with 
                respect to a domain name, for the registry operator or 
                registrar to systematically disable the functionality 
                of the domain name through a hold or suspension during 
                the balance of the registration of the domain name, 
                which may be achieved using domain name registration 
                protocols.
                    ``(H) Trusted notifier.--The term `trusted 
                notifier' includes the following (and the designees and 
                agents thereof):
                            ``(i) The Food and Drug Administration.
                            ``(ii) The Department of Justice, including 
                        the Drug Enforcement Administration.
                            ``(iii) The Department of Homeland 
                        Security.
                            ``(iv) A State attorney general.
                            ``(v) A State board of pharmacy.
            ``(2) Locking and suspension of domain names.--A registry 
        operator or registrar shall--
                    ``(A) not later than 24 hours after receipt of a 
                notification from a trusted notifier respecting a 
                domain name that is used to facilitate the online sale 
                of controlled substances illegally and that is under 
                the control of the registry operator or registrar, lock 
                the domain name; and
                    ``(B) not later than 7 days after receipt of such 
                notification, suspend the domain name.
            ``(3) Notice.--Paragraph (2) shall apply in the case of a 
        notification by a trusted notifier that includes, at a 
        minimum--
                    ``(A) the domain name being reported to the 
                appropriate registry operator or registrar;
                    ``(B) the date of observation that the domain name 
                was used to facilitate the online sale of controlled 
                substances illegally;
                    ``(C) a summary of the alleged activities that 
                constitute a domain name being used to facilitate the 
                online sale of controlled substances illegally; and
                    ``(D) a statement that evidence of offering 
                controlled substances illegally, such as a screenshot, 
                has been retained, and is available to be shared with 
                the registry operator or registrar.
            ``(4) Registrant appeal.--
                    ``(A) In general.--Any registrant whose domain name 
                is locked and suspended pursuant to paragraph (2) may 
                appeal such action to the trusted notifier pursuant to 
                subparagraph (B).
                    ``(B) Appeals.--
                            ``(i) In general.--In bringing such an 
                        appeal, the registrant for the locked and 
                        suspended domain name may do any of the 
                        following:
                                    ``(I) Contact the applicable 
                                registry operator or registrar to 
                                request information regarding the 
                                business name, or personal name if the 
                                trusted notifier is not a business, and 
                                the email address, of the trusted 
                                notifier who submitted the notification 
                                regarding the domain name.
                                    ``(II) Dispute the notification by 
                                submitting any relevant records and 
                                information to the applicable trusted 
                                notifier.
                            ``(ii) Provision of information.--Not later 
                        than 15 days after receiving a request under 
                        clause (i)(I), a registry operator or registrar 
                        shall provide the requested information.
                            ``(iii) Investigation.--The applicable 
                        trusted notifier shall--
                                    ``(I) conduct a reasonable 
                                investigation regarding the registrant 
                                and its domain name to determine 
                                whether notification under paragraph 
                                (2) was improper; and
                                    ``(II) in conducting such 
                                investigation, consider the information 
                                provided by the registrant under clause 
                                (i).
                            ``(iv) Successful appeal.--If the appeal is 
                        successful, the registry operator or registrar 
                        shall lift the suspension and unlock the domain 
                        name within 15 days.
            ``(5) Authority to lock or suspend a domain name.--A 
        registry operator or registrar may lock and suspend a domain 
        name used to facilitate the online sale of controlled 
        substances illegally before receipt of a notification under 
        this section from a trusted notifier.''.
    (b) Prohibited Act.--Part D of the Controlled Substances Act (21 
U.S.C. 841 et seq.) is amended by adding at the end the following:

``SEC. 424. LOCKING AND SUSPENSION OF DOMAIN NAMES.

    ``(a) Offense.--It shall be unlawful for a registry operator or 
registrar to knowingly fail to lock and suspend any domain name in its 
control in violation of section 311(k).
    ``(b) Penalty.--
            ``(1) In general.--Any registry operator or registrar that 
        violates subsection (a) shall be fined not more than $1,000.
            ``(2) Subsequent offense; intent to defraud or mislead.--
        Any registry operator or registrar that violates subsection (a) 
        after a conviction of that registry operator or registrar under 
        this section has become final shall be fined not more than 
        $10,000, or both.''.
    (c) Applicability.--Sections 311(k) and 424 of the Controlled 
Substances Act, as added by this section, shall apply beginning on the 
date that is 60 days after the date of enactment of this Act.
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