S2316119th Congress

Cooper Davis and Devin Norring Act

Sponsored By: Senator Marshall, Roger [R-KS]

Introduced

Summary

Would require online communication and computing providers to report suspected illegal drug activity to the Attorney General. It would set what counts as a reportable offense, what data providers must share, guard certain privacy protections, and create penalties for failures to report.

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  • Providers would have to submit a report within 60 days after obtaining actual knowledge of suspected fentanyl, methamphetamine, counterfeit drugs, or unlawful prescription activity. Reports must, when reasonably available, include account identifiers, metadata, timestamps, geographic markers, and may include user-submitted materials.
  • The Attorney General would perform a preliminary review and could forward reports to federal, state, or local agencies for investigation. The bill would require a 90-day preservation window for report contents and a 45-business-day delay before notifying users about preservation.
  • The measure would prohibit broad monitoring beyond what is reasonably necessary, bar affirmative decryption obligations, and preserve end-to-end encryption. It would tightly limit disclosures to specific law enforcement needs and prevent officers from submitting or arranging user reports.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Allows sharing message contents with AG

If enacted, the bill would change the Stored Communications Act to let service providers share the contents of communications with the Attorney General when those contents are included in a report under the new law. It would also allow providers to give contents to law enforcement when the provider inadvertently obtained them and they appear to show a crime. These changes would expand when message contents may be disclosed to authorities under the new reporting regime.

New reporting duty for online providers

If enacted, this bill would require covered online providers to report to the Attorney General when they learn of fentanyl, methamphetamine, counterfeit drugs, or unauthorized prescription drug creation or distribution. Providers would have to file a report within 60 days after actual knowledge. Reports would include provider contact details and, when reasonably available, account identifiers like name, email, user ID, IP address, and URLs. Providers must say whether a human or an automated system found the content. A report would trigger a 90-day preservation hold. Providers acting only as broadband or text-message carriers would be exempt from the reporting and preservation rules. The bill would not require providers to monitor users or to break end-to-end encryption.

Ban on law enforcement-originated reports

If enacted, the bill would bar federal, tribal, state, or local law enforcement officers from submitting reports to providers or arranging for someone else to do so in their official role. If a report came from such a prohibited action, that report and any evidence from it could not be used in any court, agency, or other proceeding.

How the Attorney General must handle reports

If enacted, the bill would require the Attorney General to review each provider report and close reports that lack facially sufficient information. The Attorney General could forward sufficient reports to federal, state, or local law enforcement or investigate further. The AG would have to limit how long and how much data is kept and delete information when it is no longer needed. The AG must publish an annual public report within one year of enactment and every year after, with counts and basic outcomes for the reports received.

Fines for providers who don't comply

If enacted, the bill would make it a crime for a provider to knowingly fail to submit a required report. Criminal fines could be up to $190,000 for a first knowing failure and up to $380,000 for a later knowing failure. The bill would also allow civil fines of $50,000 to $100,000 for knowingly filing materially false or incomplete report information. The Attorney General would enforce these penalties.

Sponsors & CoSponsors

Sponsor

Marshall, Roger [R-KS]

KS • R

Cosponsors

  • Sen. Shaheen, Jeanne [D-NH]

    NH • D

    Sponsored 7/17/2025

  • Sen. Grassley, Chuck [R-IA]

    IA • R

    Sponsored 7/17/2025

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 7/17/2025

  • Amy Klobuchar

    MN • D

    Sponsored 7/17/2025

  • Sen. Young, Todd [R-IN]

    IN • R

    Sponsored 7/17/2025

  • Dan Sullivan

    AK • R

    Sponsored 3/4/2026

Roll Call Votes

No roll call votes available for this bill.

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