Dark Web Interdiction Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1728 To prohibit the delivery of opioids by means of the dark web, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 18, 2023 Ms. HASSAN (for herself and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the delivery of opioids by means of the dark web, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Dark Web Interdiction 4 Act of 2023’’. 5 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 6 (a) FINDINGS.—Congress finds the following: 7 (1) The dark web is made up of websites and 8 other network services that leverage overlay net- 9 works providing anonymity. These overlay networks 10 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1728 IS use the internet but require specific software and 1 configurations to access. The overlay networks use 2 multiple encrypted traffic relays for which an indi- 3 vidual relay computer knows its source of informa- 4 tion and where the individual computer is sending 5 the information but never knows both the original 6 source and ultimate destination of the traffic simul- 7 taneously. This anonymity has provided criminals 8 with the ability to host illicit material in a way that 9 circumvents the ability of law enforcement agencies 10 to serve legal process to remove or effectively inves- 11 tigate websites offering illegal content or goods for 12 purchase or sharing. 13 (2) Dark web marketplaces include e-commerce 14 websites based on the dark web on which individuals 15 use virtual currencies to engage in transactions in- 16 volving drugs, weapons, malware, counterfeit cur- 17 rency, stolen credit cards, personal identifying infor- 18 mation, forged documents, unlicensed pharma- 19 ceuticals, and other illicit goods. 20 (3) Due to the anonymity provided by the dark 21 web, illicit activities can be hosted from anywhere in 22 the world without accountability to— 23 (A) the Federal Government; 24 (B) Federal laws; or 25 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1728 IS (C) any other government or system of 1 laws. 2 (4) The use of the dark web to distribute illegal 3 drugs has contributed and continues to contribute to 4 the substance abuse crisis that is devastating com- 5 munities across the United States. This devastation 6 is due in large part to the fact that the dark web 7 has made illicit goods obtainable anonymously. 8 (5) Law enforcement agencies at every level of 9 government continue to investigate drug trafficking 10 and the sale of illegal goods and services through the 11 dark web that occurs as a result of interactions on 12 the dark web, both within the United States and at 13 the international border of the United States, but 14 the increased anonymity the internet provides has 15 made it more difficult to identify and prosecute the 16 individuals and organizations who— 17 (A) administer or otherwise operate 18 websites on the dark web that facilitate the dis- 19 tribution of illegal drugs, goods, or services; or 20 (B) buy and sell illegal drugs, goods, or 21 services through illicit marketplaces hosted on 22 the dark web. 23 (6) Despite difficulties in identifying and locat- 24 ing individuals and organizations who engage in 25 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1728 IS drug trafficking on the dark web, law enforcement 1 agencies have been effective in investigating and 2 prosecuting the distribution of illegal drugs through 3 illicit marketplaces on the dark web, as evidenced by 4 Operation DisrupTor, which— 5 (A) was announced in September 2020; 6 (B) resulted in— 7 (i) 179 arrests worldwide, including 8 121 arrests in the United States; 9 (ii) the seizure of approximately 500 10 kilograms of drugs worldwide, including 11 274 kilograms of drugs in the United 12 States; and 13 (iii) the seizure of more than 14 $6,500,000 worth of virtual currencies and 15 cash; and 16 (C) is an example of one of many cases 17 conducted jointly by— 18 (i) the Federal Bureau of Investiga- 19 tion; 20 (ii) the Drug Enforcement Adminis- 21 tration; 22 (iii) Immigration and Customs En- 23 forcement; 24 (iv) Homeland Security Investigations; 25 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1728 IS (v) United States Customs and Bor- 1 der Protection; 2 (vi) the United States Postal Inspec- 3 tion Service; 4 (vii) the Financial Crimes Enforce- 5 ment Network; 6 (viii) the Bureau of Alcohol, Tobacco, 7 Firearms and Explosives; 8 (ix) the Naval Criminal Investigative 9 Service; 10 (x) the Department of Justice; 11 (xi) the Department of Defense; and 12 (xii) additional local, State, and inter- 13 national law enforcement partners. 14 (7) Although law enforcement agencies have 15 succeeded in investigating the distribution and sale 16 of illegal drugs, goods, and services that occurs as 17 a result of interactions on the dark web, investiga- 18 tive and prosecutorial collaboration, innovation, and 19 advancement are critical to— 20 (A) increasing the capacity to combat the 21 threat posed by the dark web and the illicit 22 marketplaces hosted on the dark web; and 23 (B) enhancing collaboration and coordina- 24 tion among Federal, State, Tribal, local, inter- 25 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1728 IS national and other law enforcement partners, as 1 appropriate. 2 (b) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that— 4 (1) the dark web and illicit marketplaces hosted 5 on the dark web facilitate the distribution of illegal 6 drugs and pose a unique threat to the public health 7 and national security in the United States; and 8 (2) Congress should— 9 (A) support law enforcement agencies and 10 prosecutors at the Federal, State, Tribal, local, 11 and international levels in their efforts to inves- 12 tigate and prosecute the distribution of illegal 13 drugs, goods, and services through the dark 14 web; and 15 (B) increase the investigative and prosecu- 16 torial tools available to law enforcement agen- 17 cies and prosecutors to address the distribution 18 of illegal drugs, goods, and services through the 19 dark web. 20 SEC. 3. DEFINITIONS. 21 In this Act: 22 (1) DARK WEB.—The term ‘‘dark web’’ has the 23 meaning given the term in subsection (i) of section 24 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1728 IS 401 of the Controlled Substances Act (21 U.S.C. 1 841), as added by section 4 of this Act. 2 (2) DIRECTOR.—The term ‘‘Director’’ means 3 the Director of the task force. 4 (3) ILLICIT MARKETPLACE.—The term ‘‘illicit 5 marketplace’’ means a website on the dark web on 6 which individuals can use virtual currency to engage 7 in transactions involving drugs, weapons, malware, 8 counterfeit currency, stolen credit cards, personal 9 identifying information, forged documents, or other 10 illicit goods. 11 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 12 has the meaning given the term ‘‘Indian tribe’’ in 13 section 4 of the Indian Self-Determination and Edu- 14 cation Assistance Act (25 U.S.C. 5304). 15 (5) OPIOID.—The term ‘‘opioid’’ has the mean- 16 ing given the term in section 102 of the Controlled 17 Substances Act (21 U.S.C. 802). 18 (6) TASK FORCE.—The term ‘‘task force’’ 19 means the Joint Criminal Opioid and Darknet En- 20 forcement Task Force established under section 21 5(a)(1). 22 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1728 IS SEC. 4. OFFENSES INVOLVING THE DARK WEB. 1 Section 401 of the Controlled Substances Act (21 2 U.S.C. 841) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(i) OFFENSES INVOLVING DISPENSING OF CON- 5 TROLLED SUBSTANCES BY MEANS OF THE DARK WEB.— 6 ‘‘(1) DEFINITION OF DARK WEB.—In this sub- 7 section, the term ‘dark web’ means a portion of the 8 internet in which there are hidden sites and services 9 that— 10 ‘‘(A) are not indexed by an internet search 11 engine; and 12 ‘‘(B) are only accessible to users of specific 13 devices, software, routing and anonymizing 14 services, authorizations, or configurations that 15 conceal the identities and locations of users. 16 ‘‘(2) OFFENSE.—It shall be unlawful for any 17 person to knowingly or intentionally— 18 ‘‘(A) deliver, distribute, or dispense a con- 19 trolled substance by means of the dark web, ex- 20 cept as authorized by this title; or 21 ‘‘(B) aid or abet (as such terms are used 22 in section 2 of title 18, United States Code) 23 any activity described in subparagraph (A) that 24 is not authorized by this title. 25 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1728 IS ‘‘(3) PENALTY.—Pursuant to its authority 1 under section 994 of title 28, United States Code, 2 the United States Sentencing Commission shall 3 amend the Federal sentencing guidelines and policy 4 statements to provide for a 2-level increase above the 5 sentence otherwise applicable for a violation of para- 6 graph (2).’’. 7 SEC. 5. JOINT CRIMINAL OPIOID AND DARKNET ENFORCE- 8 MENT TASK FORCE. 9 (a) ESTABLISHMENT.— 10 (1) IN GENERAL.—There is established in the 11 Federal Bureau of Investigation an interagency pro- 12 gram that shall be known as the Joint Criminal 13 Opioid and Darknet Enforcement Task Force. 14 (2) DIRECTOR.—The task force shall be headed 15 by a Director, who shall be appointed by the Presi- 16 dent, by and with the advice and consent of the Sen- 17 ate. 18 (b) PURPOSE.—The purpose of the task force shall 19 be to detect, disrupt, and dismantle illicit marketplaces. 20 (c) COMPONENTS.— 21 (1) REPRESENTATIVES.—The task force shall 22 include representatives from— 23 (A) the Federal Bureau of Investigation; 24 (B) the Drug Enforcement Administration; 25 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1728 IS (C) the United States Postal Inspection 1 Service; 2 (D) Immigration and Customs Enforce- 3 ment; 4 (E) the Bureau of Alcohol, Tobacco, Fire- 5 arms, and Explosives; 6 (F) Homeland Security Investigations; 7 (G) United States Customs and Border 8 Protection; 9 (H) the Department of Defense; 10 (I) the Financial Crimes Enforcement Net- 11 work; and 12 (J) the Department of Justice. 13 (2) CONSULTATION.—The Director may consult 14 with any State, Tribal, local, or international depart- 15 ment or agency the Director determines necessary to 16 carry out the purpose of the task force described in 17 subsection (b). 18 (d) DUTIES AND FUNCTIONS.—To further the pur- 19 pose of the task force described in subsection (b), the task 20 force shall— 21 (1) engage in— 22 (A) proactive and reactive investigations; 23 and 24 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1728 IS (B) forensic and cyberforensic examina- 1 tions; 2 (2) provide forensic and cyberforensic, tech- 3 nical, preventive, and investigative training and as- 4 sistance to— 5 (A) prosecutors; and 6 (B) law enforcement agencies; 7 (3) develop best practices to assist Federal, 8 State, Tribal, and local law enforcement agencies, 9 prosecutors, and others, as appropriate, in the col- 10 lection of evidence in order to determine and inves- 11 tigate possible nexuses to the dark web and virtual 12 assets, including— 13 (A) evidence logging; 14 (B) evidence maintenance; and 15 (C) evidence sharing; 16 (4) develop multijurisdictional and multiagency 17 responses and partnerships with Federal, inter- 18 national, local, and other law enforcement agencies, 19 as appropriate, by— 20 (A) establishing procedures for information 21 sharing; 22 (B) establishing lists of recommended spe- 23 cialized equipment and tools to investigate and 24 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1728 IS prosecute the distribution of illicit drugs, goods, 1 and services on the dark web; and 2 (C) helping the agencies acquire the nec- 3 essary knowledge, personnel, and specialized 4 equipment to investigate and prosecute the dis- 5 tribution of illegal drugs, goods, and services 6 through the dark web; 7 (5) create novel investigative approaches to— 8 (A) target emerging technologies that fa- 9 cilitate the distribution of opioids through illicit 10 marketplaces on the dark web; and 11 (B) build forensic capacity and expertise to 12 meet the challenges posed by the technologies; 13 (6) enhance collaboration and coordination with 14 international partners; and 15 (7) engage in any other activities the Director 16 determines necessary to carry out the duties of the 17 task force. 18 (e) GUIDANCE AND TRAINING.—The task force shall 19 provide guidance and training to officers and employees 20 of the Federal Bureau of Investigation and other Federal, 21 international, and other law enforcement agencies, as ap- 22 propriate, relating to— 23 (1) techniques and procedures to— 24 VerDate Sep 11 2014 23:54 Jun 09, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1728.IS S1728 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 1728 IS (A) recognize evidence or potential evi- 1 dence relating to the dark web; and 2 (B) identify and recognize patterns and 3 practices relating to the distribution of illegal 4 drugs, services, and goods through the dark 5 web; 6 (2) the types of information that should be col- 7 lected and recorded in information technology sys- 8 tems used by the Federal Bureau of Investigation to 9 help— 10 (A) identify administrators and operators 11 of illicit marketplaces; 12 (B) identify vendors, buyers, and other in- 13 dividuals involved in the distribution of opioids 14 through illicit marketplaces; and 15 (C) detect, disrupt, and [Text truncated for display. 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