PRINTER'S NO. 661
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.652
Session of
2025
INTRODUCED BY M. BROWN, FLICK AND JAMES, FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
FEBRUARY 20, 2025
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 f or 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 13.10. 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
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23 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 interactive computer service provider, and any
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30 information as to whether a 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.
(c) An interactive computer service provider that knowingly
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).
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30 (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.
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