Cooper Davis Act

Amends the Controlled Substances Act to require electronic communication and remote computing service providers to report suspected illegal activities involving controlled substances to the DEA. Permits algorithmic content moderation, imposes penalties for noncompliance, and mandates annual reporting by the DEA.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Compromise of privacy
  • Disinformation, surveillance, and influence at scale
  • Cyberattacks, weapon development or use
  • Fraud, scams, and targeted manipulation
  • Governance failure
  • Lack of transparency or interpretability

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • AI system security vulnerabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 6-8 subdomains, with strong focus on malicious actors (4.1, 4.2, 4.3), AI system security (2.2), privacy compromise (2.1), governance failure (6.5), and lack of transparency (7.4). Coverage is concentrated in security, misuse prevention, privacy, and governance domains.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Health Care & Social Assistance
  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector, specifically electronic communication service providers and remote computing services (telecommunications, data processing, social media platforms). It also has secondary applicability to Health Care and Social Assistance through regulation of illegal prescription drug distribution online.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute enacted by the United States Congress that amends the Controlled Substances Act, imposing mandatory reporting requirements on electronic communication service providers with explicit criminal and civil penalties for non-compliance.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document is titled 'Cooper Davis Act' and is structured as federal legislation with sections beginning 'This Act may be cited as' indicating Congressional authorship and proposal.

Target

  • Entity Types: AI_Infrastructure_Provider, AI_Deployer
  • Summary: The Act explicitly targets 'electronic communication service providers' and 'remote computing service providers' requiring them to report suspected illegal activities involving controlled substances. These providers include platforms that offer communication and computing services where content moderation occurs.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Summary: The Act explicitly designates the Attorney General as the enforcement authority and the DEA as the receiving and investigating agency for reports, with authority to impose criminal and civil penalties.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: The DEA is required to publish annual reports tracking the number of reports received, their sources, outcomes, and enforcement actions, establishing it as the primary monitoring body for implementation and effectiveness.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor stages of the AI lifecycle. It focuses on operational requirements for content moderation systems (both human and algorithmic) that are already deployed, requiring reporting when these systems detect illegal drug-related activities. The document does not address earlier lifecycle stages such as planning, data collection, or model building.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document explicitly mentions algorithmic content moderation and machine learning methods used by electronic communication service providers. It does not define or specifically mention AI models, AI systems, frontier AI, general purpose AI, foundation models, generative AI, or compute thresholds. The focus is on the operational use of algorithms and machine learning for content moderation purposes.

https://www.congress.gov/bill/118th-congress/senate-bill/1080
https://agora.eto.tech/instrument/576
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Document data from AGORA, CSET Emerging Technology Observatory.