Bills of Congress by U.S. Congress

Cooper Davis and Devin Norring Act

Summary

The Cooper Davis and Devin Norring Act amends the Controlled Substances Act, mandating electronic communication service providers and remote computing services to report specific controlled substances violations to the Attorney General. This aims to curb the unlawful sale, distribution, and manufacture of counterfeit substances and certain controlled substances, particularly fentanyl and methamphetamine. The Act outlines reporting requirements, defines key terms, and specifies penalties for non-compliance, while also including provisions to protect user privacy.

Expected Effects

The Act will likely increase the reporting of illegal drug activities occurring online. This could lead to more investigations and prosecutions related to the distribution of controlled substances. However, it may also place a burden on electronic communication service providers and remote computing services.

Potential Benefits

  • Increased detection and reporting of online drug trafficking activities.
  • Enhanced law enforcement efforts to combat the sale of counterfeit and controlled substances.
  • Potential reduction in the availability of dangerous drugs, such as fentanyl and methamphetamine.
  • Improved data collection and analysis regarding online drug-related crimes.
  • May help to identify and shut down illegal online pharmacies and drug distribution networks.

Potential Disadvantages

  • Potential for increased compliance costs for electronic communication service providers and remote computing services.
  • Risk of over-reporting or inaccurate reporting due to the broad scope of the reporting requirements.
  • Possible privacy concerns related to the collection and sharing of user data.
  • Potential for abuse of the reporting system by law enforcement.
  • The act exempts broadband internet access service and text messaging service providers which may limit the scope of the act.

Constitutional Alignment

The Act's alignment with the US Constitution is complex. While it aims to address public safety concerns, it also raises potential Fourth Amendment issues related to unreasonable searches and seizures, as the reporting requirements could lead to the disclosure of user data. The First Amendment's protection of free speech could also be implicated if the reporting requirements are overly broad or chill legitimate expression. The Act includes provisions intended to protect privacy, but the balance between public safety and individual liberties will need to be carefully monitored. The Commerce Clause (Article I, Section 8) provides Congress with the power to regulate interstate commerce, which could be used to justify the regulation of electronic communication service providers and remote computing services.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).