Online services would report known crimes tied to drug supply

Covered online services would report known crimes tied to making or supplying certain drugs to the U.S. Attorney General. Covered activity would include making or supplying fentanyl, methamphetamine, or counterfeit drugs; unauthorized supply of prescription painkillers or stimulants; and possession with intent to make or supply those substances. Broadband access and text messaging services would be exempt when acting in those roles. Reports would be due as soon as reasonably possible and no later than 60 days after the service gains actual knowledge.

Covered services could voluntarily report activity they reasonably believe meets the drug reporting rules. These permissions would cover the same drug activity as required reports. Broadband access and text messaging services would be exempt when acting in those roles. Sharing related private messages and location information would be optional.

Covered services would not have to monitor users, search for crimes, or decrypt messages. The protections would apply to services covered by the reporting rules and to reports held by the Attorney General. A decision against further investigation would not alone prove actual knowledge, unless the service deliberately avoided recognizing violations. Federal officials would limit stored report information to what investigations need and delete it when no longer needed, unless it has future value as evidence.

Services submitting required reports would preserve related records and delay telling users about that preservation. Preservation would cover submitted material and reasonably accessible records that could add context about the reported material or person. Services would keep preserved records secure and limit employee access. The Attorney General could seek an extension only with an active or pending investigation involving the account. Other law enforcement agencies could also seek continued preservation. The 90-day period would start when the service submits its required report.

Covered services could face fines for knowingly violating reporting requirements. Broadband access and text messaging services would be exempt when acting in those roles. Knowingly failing to submit a required report could bring criminal fines up to $190,000 for a first violation and $380,000 for later violations. Knowingly submitting materially false reports or omitting reasonably available required account information could bring civil fines from $50,000 to $100,000.