S. 2316 — Cooper Davis and Devin Norring Act

This section establishes reporting requirements under the Controlled Substances Act for electronic communication service providers and remote computing services (i.e., providers) regarding facts or circumstances indicating crimes involving (1) the creation, manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense fentanyl or methamphetamine; (2) the same conduct involving a counterfeit substance, including one purporting to be a prescription drug; or (3) the same conduct involving an actual or purported prescription pain medication or prescription stimulant by an unauthorized individual or entity (including one falsely claiming to be a practitioner). Upon obtaining actual knowledge of such facts, a provider must report to the Attorney General as soon as reasonably possible and in any event within 60 days, including the provider's contact information, details on the facts or circumstances, and (for purposes of subsection (j)) whether they were discovered through human content moderation or non-human means (e.g., algorithms); reports are also permitted based on reasonable belief. Report contents must include reasonably available account identifying information (e.g., name, address, electronic mail address, IP address, URL, screen names) but exclude communication contents except as optionally provided by the provider (e.g., historical data, geographic location, related data such as photos or videos, or complete communications).

This section includes a severability clause providing that if any provision of the Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and their application to other persons or circumstances, remain in effect.