Regular Session 2023-2024 House Bill 0602 P.N. 0566

PRINTER'S NO. 566

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

602

Session of

2023

INTRODUCED BY M. BROWN AND N. NELSON, MARCH 21, 2023

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 2023

AN ACT

Amending the act of April 14, 1972 (P.L.233, No.64), entitled

"An act relating to the manufacture, sale and possession of

controlled substances, other drugs, devices and cosmetics;

conferring powers on the courts and the secretary and

Department of Health, and a newly created Pennsylvania Drug,

Device and Cosmetic Board; establishing schedules of

controlled substances; providing penalties; requiring

registration of persons engaged in the drug trade and for the

revocation or suspension of certain licenses and

registrations; and repealing an act," providing for reporting

requirements of interactive computer service providers; and

imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act, is

amended by adding a section to read:

Section 13.9. Reporting Requirements of Interactive Computer

Service Providers.--(a) As soon as reasonably practicable after

obtaining actual knowledge that an individual has engaged in, or

plans to engage in, the unlawful manufacture, delivery or

possession with intent to manufacture or deliver a controlled

substance in this Commonwealth in violation of section 13(a)

(30), an interactive computer service provider shall report to

the Pennsylvania State Police the mailing address, telephone

number, facsimile number and electronic mail address of, and

single point of contact for, the individual.

(b) To the extent that the facts and circumstances under

subsection (a) are within the custody or control of the

interactive computer service provider, the report under

subsection (a) shall include the following:

(1) Information relating to the identity of the individual

described in subsection (a), which, to the extent reasonably

practicable, may include:

(i) the electronic mail address, Internet Protocol address,

uniform resource locator, payment information, excluding

personally identifiable information, screen names or monikers

for the account used or any other account associated with the

individual; or

(ii) any other identifying information, including self-

reported identifying information.

(2) Information relating to when and how a customer or

subscriber of the interactive computer service provider

uploaded, transmitted or received content relating to the report

or when and how content relating to the report was reported to

or discovered by the interactive computer service provider,

including a date and time stamp and time zone.

(3) Information relating to the geographic location of the

individual, which may include the Internet Protocol address or

verified address or, if not reasonably available, at least one

form of geographic identifying information, including area code

or zip code, provided by the customer or subscriber or stored or

obtained by the provider, and any information as to whether a

20230HB0602PN0566 - 2 -

virtual private network was used.

(4) Data, including symbols, photos, video, icons or direct

messages, relating to apparent activity involving the unlawful

manufacture, delivery or possession with intent to manufacture

or deliver a controlled substance or other content relating to

the incident that is the subject of the report.

(5) The electronic communications of the individual relating

to the unlawful manufacture, delivery or possession with intent

to manufacture or deliver a controlled substance in this

Commonwealth in violation of section 13(a)(30), including:

(i) Data or information regarding the transmission of the

electronic communication.

(ii) Data or other digital files contained in, or attached

to, the electronic communication.

and wilfully fails to make a report required by this section

shall be subject to the following:

(1) For a first offense, a fine not to exceed $150,000.

(2) For a second or subsequent offense, a fine not to exceed

$300,000.

(d) Nothing in this section shall be construed to require an

interactive computer service provider to:

(1) monitor a user, subscriber or customer of the

interactive computer service provider;

(2) monitor the content of an electronic communication of a

person described in paragraph (1); or

(3) affirmatively search, screen or scan for individuals

engaged in the unlawful manufacture, delivery or possession with

intent to manufacture or deliver a controlled substance in this

Commonwealth in violation of section 13(a)(30).

20230HB0602PN0566 - 3 -

(e) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Electronic." Relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic or similar

capabilities.

"Electronic communication." A transfer of signs, signals,

writing, images, sounds, data, emojis or intelligence of any

nature transmitted in whole or in part by a computer, wire,

radio, mobile telephone, electromagnetic, photoelectronic or

photo-optical system that affects interstate or foreign

commerce.

"Interactive computer service provider." A provider of an

Internet website or digital social networking application, a

primary purpose of which is facilitating social interaction with

other users of the website or application and has all of the

following capabilities:

(1) Allows users, subscribers or customers, through the

creation of Internet web pages or profiles or other similar

means, to provide personal information to the public or other

users of the Internet website.

(2) Offers a mechanism for electronic communication among

users, subscribers or customers of the Internet website.

Section 2. This act shall take effect in 60 days.

20230HB0602PN0566 - 4 -