[Congressional Record Volume 161, Number 177 (Tuesday, December 8, 2015)]
[Senate]
[Page S8497]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Burr):
  S. 2372. A bill to require reporting of terrorist activities and the 
unlawful distribution of information relating to explosives, and for 
other purposes; to the Committee on the Judiciary.


 =========================== NOTE =========================== 

  
  On page S8497, December 8, 2015, in the middle column, the 
following language appears: By Ms. CANTWELL (for herself, Mr. 
Grassley, Mr. Kirk, and Mr. Schumer): S. 2373. A bill to amend 
title XVIII of the Social Security Act to provide for Medicare 
coverage of certain lymphedema compression treatment items as 
items of durable medical equipment; to the Committee on Finance.
  
  The online Record has been corrected to read: By Mrs. FEINSTEIN 
(for herself and Mr. Burr): S. 2372. A bill to require reporting 
of terrorist activities and the unlawful distribution of 
information relating to explosives, and for other purposes; to the 
Committee on the Judiciary.


 ========================= END NOTE ========================= 

  Mrs. FEINSTEIN. Mr. President, today I rise to introduce the 
Requiring Reporting of Online Terrorist Activity Act, which would 
require technology companies to inform appropriate law enforcement 
authorities when they become aware of terrorist activity online.
  This provision is modeled after a similar requirement on technology 
companies under current law, which requires the companies to report 
instances of child pornography that they become aware of online.
  This legislation passed the Intelligence Committee earlier this year 
by a vote of 15-0 as part of our annual Intelligence Authorization Act, 
but it was later dropped, along with other provisions, to try to move 
the broader intelligence bill through the Senate.
  I have continued to believe that terrorists' use of the Internet is a 
problem that we need to address, and that the government can't do it 
alone. I have had conversations with the senior leaders and general 
counsels of major technology companies and unfortunately, I don't 
believe that they will report terrorist activity on their websites 
without a legal requirement to do so.
  So I am reintroducing this provision as a stand-alone bill, 
especially in the wake of recent terrorist attacks that highlight the 
problem of terrorist activity on social media.
  The investigation into the San Bernardino attack is ongoing, but so 
far, we have learned that sometime around the time of the attack, the 
female shooter, Tashfeen Malik, or an account connected to her, posted 
something on her Facebook page declaring allegiance to the Islamic 
State in Syria and the Levant or ``ISIL.''
  Facebook has publicly confirmed that the company identified and 
removed the account connected to Malik because praising a terrorist 
attack or declaring allegiance to leaders of ISIL would violate the 
company's standards for use.
  Facebook has said it is cooperating with law enforcement on the 
matter as part of the post-shooting investigation, but I would like to 
see technology companies notify law enforcement about terrorist 
activity they see online before an attack occurs.
  It is important to recognize how ISIL has used social media to 
reinvent terrorist recruiting and plotting over the past year and a 
half. I believe that now is the time for Congress to pass legislation 
to help law enforcement better respond to the threat.
  Unlike in the past when terrorists devised intricate plots years in 
advance, today, thousands of ISIL followers have flooded social media 
with a vast and persistent effort to find followers inside the United 
States, identify targets of opportunity, and instruct their new 
supporters how to conduct more small-scale, yet lethal terrorist 
attacks--all in a matter of days or weeks and all online without ever 
meeting or vetting their operative in person.
  This new trend shows that terrorism has adapted to the digital age, 
spreading first its propaganda and then its operational reach across 
the globe. Its lack of coordination or complexity makes it faster and 
harder to thwart than ever before, and the ubiquitous use of social 
media gives ISIL a wider direct audience than al-Qa'ida ever enjoyed.
  To respond, we must ensure that law enforcement is aware of the 
threat. To do this, Congress should pass this legislation immediately, 
which requires technology companies to inform the appropriate 
authorities when they become aware of terrorist activity.
  This type of requirement is not new. For years, companies have been 
required to notify law enforcement when they become aware of online 
child pornography. This bill would do essentially the same thing, but 
for cases of terrorism. It would not require companies to monitor their 
customers, nor would it chill free speech protected by the 
Constitution. Instead, it simply requires that clear acts of terrorist 
plotting or illegal activity associated with terrorism be conveyed to 
law enforcement.
  Most social media companies already devote considerable resources to 
remove content or suspend the accounts of individuals who post or 
transmit blatant terrorist-related content. But under the current 
system, there is no requirement that a company provide notice to law 
enforcement when, through the normal course of business, it becomes 
aware of images, posts, or other online terrorist activity. By closing 
that gap and requiring that companies notify law enforcement, there is 
a better chance the attempts by terrorist groups like ISIL to direct an 
individual inside the United States to conduct a violent act will be 
discovered and thwarted before it is too late.
  When technology companies see a picture of a child being exploited, 
they are required to inform law enforcement. Terrorist activity should 
be no different.
  I urge my colleagues to support this legislation.
                                 ______