Page:United States Statutes at Large Volume 122.djvu/4853

 12 2 STA T .4830PUBLIC LA W 110 – 42 5—O CT. 15 , 2008 ‘ ‘ (i ii )exc e ptas p rov i d edi n s ub para g rap h ( B ) , an y activity that is l i m ited to — ‘‘( I ) the provision o f a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the C ommunications A ct of1 9 3 4 ) or ‘‘(II) the transmission, storage, retrieval, hosting, formatting, or translation (or any com - bination thereof) of a communication, w ithout selection or alteration of the content of the commu- nication, except that deletion of a particular communication or material made by another per- son in a manner consistent with section 23 0 (c) of the Communications Act of 1934 shall not con- stitute such selection or alteration of the content of the communication . ‘‘(B) T he exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1). ‘‘(4) KNOWI N G O R IN TE NTION ALV IOLATION.—Any person who k nowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). ’ ’. (g) PUB LI C ATION.— S ection 403(c) of the Controlled Substances Act (21 U .S.C. 8 43(c)) is amended by— (1) striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and (2) adding at the end the following

‘‘(2)(A) It shall be unlawful for any person to knowingly or intentionally use the Internet, or cause the Internet to be used, to advertise the sale of, or to offer to sell, distribute, or dispense, a controlled substance where such sale, distribution, or dispensing is not authori z ed by this title or by the Controlled Substances Import and E xport Act. ‘‘(B) Examples of activities that violate subparagraph (A) include, but are not limited to, knowingly or intentionally causing the placement on the Internet of an advertisement that refers to or directs prospective buyers to Internet sellers of controlled substances who are not registered with a modification under section 303(f). ‘‘(C) Subparagraph (A) does not apply to material that either— ‘‘(i) merely advertises the distribution of controlled sub- stances by nonpractitioners to the extent authorized by their registration under this title; or ‘‘(ii) merely advocates the use of a controlled substance or includes pricing information without attempting to facilitate an actual transaction involving a controlled substance.’’. (h) IN J UNCTIVE R ELIE F .—Section 5 12 of the Controlled Sub- stances Act (21 U.S.C. 882) is amended by adding at the end the following: ‘‘(c) STATE CAU S E OF ACTION PERTAINING TO O NLINE P H AR- M ACIES.— ‘‘(1) IN GENERAL.—In any case in which the State has reason to believe that an interest of the residents of that State has been or is being threatened or adversely affected by the action of a person, entity, or Internet site that violates the provisions of section 303(f), 309(e), or 311, the State may

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