[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 1223 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1223
To address voluntary location tracking of electronic communications
devices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2011
Mr. Franken (for himself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To address voluntary location tracking of electronic communications
devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Location Privacy Protection Act of
2011''.
SEC. 2. DEFINITION.
In this Act, the term ``geolocation information'' has the meaning
given that term in section 2713 of title 18, United States Code, as
added by this Act.
SEC. 3. VOLUNTARY LOCATION TRACKING OF ELECTRONIC COMMUNICATIONS
DEVICES.
(a) In General.--Chapter 121 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2713. Voluntary location tracking of electronic communications
devices
``(a) Definitions.--In this section--
``(1) the term `covered entity' means a nongovernmental
individual or entity engaged in the business, in or affecting
interstate or foreign commerce, of offering or providing a
service to electronic communications devices, including, but
not limited to, offering or providing electronic communication
service, remote computing service, or geolocation information
service;
``(2) the term `electronic communications device' means any
device that--
``(A) enables access to, or use of, an electronic
communications system, electronic communication
service, remote computing service, or geolocation
information service; and
``(B) is designed or intended to be carried by or
on the person of an individual or travel with the
individual, including, but not limited to, a vehicle
the individual drives;
``(3) the term `express authorization' means express
affirmative consent after receiving clear and prominent notice
that--
``(A) is displayed by the electronic communications
device, separate and apart from any final end user
license agreement, privacy policy, terms of use page,
or similar document; and
``(B) provides information regarding--
``(i) what geolocation information will be
collected; and
``(ii) the specific nongovernmental
entities to which the geolocation information
may be disclosed;
``(4) the term `geolocation information'--
``(A) means any information--
``(i) concerning the location of an
electronic communications device that is in
whole or in part generated by or derived from
the operation or use of the electronic
communications device; and
``(ii) that may be used to identify or
approximate the location of the electronic
communications device or the individual that is
using the device; and
``(B) does not include any temporarily assigned
network address or Internet protocol address of the
individual; and
``(5) the term `geolocation information service' means the
provision of a global positioning service or other mapping,
locational, or directional information service.
``(b) Collection or Disclosure of Geolocation Information to or by
Nongovernmental Entities.--
``(1) In general.--Except as provided in paragraph (2), a
covered entity may not knowingly collect, receive, record,
obtain, or disclose to a nongovernmental individual or entity
the geolocation information from an electronic communications
device without the express authorization of the individual that
is using the electronic communications device.
``(2) Exceptions.--A covered entity may knowingly collect,
receive, record, obtain, or disclose to a nongovernmental
individual or entity the geolocation information from an
electronic communication device without the express
authorization of the individual that is using the electronic
communications device if the covered entity has a good faith
belief that the collection, receipt, recording, obtaining, or
disclosure is--
``(A) necessary to locate a minor child or provide
fire, medical, public safety, or other emergency
services;
``(B) for the sole purpose of transmitting the
geolocation information to the individual or another
authorized recipient, including another third party
authorized under this subparagraph; or
``(C) expressly required by statute, regulation, or
appropriate judicial process.
``(c) Anti-Cyberstalking Protection.--Not earlier than 24 hours,
and not later than 7 days, after the time an individual provides
express authorization to a covered entity providing a geolocation
information service to the individual for the express purpose of
authorizing disclosure of geolocation information relating to the
individual to another individual, the covered entity shall provide the
individual a verification displayed by the electronic communications
device that informs the individual--
``(1) that geolocation information relating to the
individual is being disclosed to another individual; and
``(2) how the individual may revoke consent to the
collection, receipt, recording, obtaining, and disclosure of
geolocation information relating to the individual.
``(d) Civil Remedies.--
``(1) Action by attorney general of the united states.--If
the Attorney General of the United States has reasonable cause
to believe that an individual or entity is violating this
section, the Attorney General may bring a civil action in an
appropriate United States district court.
``(2) Action by state attorneys general.--If the attorney
general of a State has reasonable cause to believe that an
interest of the residents of the State has been or is
threatened or adversely affected by a violation of this
section, the attorney general of the State may bring a civil
action on behalf of the residents of the State in an
appropriate United States district court.
``(3) Right of action.--Any individual aggrieved by any
action of an individual or entity in violation of this section
may bring a civil action in an appropriate United States
district court.
``(4) Pending proceedings.--
``(A) Federal action.--If the Attorney General has
brought a civil action alleging a violation of this
section, an attorney general of a State or private
person may not bring a civil action under this
subsection against a defendant named in the civil
action relating to a violation of this section that is
alleged in the civil action while the civil action is
pending.
``(B) State action.--If the attorney general of a
State has brought a civil action alleging a violation
of this section, an individual may not bring a civil
action under this subsection against a defendant named
in the civil action for a violation of this section
that is alleged in the civil action while the civil
action is pending.
``(5) Relief.--In a civil action brought under this
subsection, the court may award--
``(A) actual damages, but not less than damages in
the amount of $2,500;
``(B) punitive damages;
``(C) reasonable attorney's fees and other
litigation costs reasonably incurred; and
``(D) such other preliminary or equitable relief as
the court determines to be appropriate.
``(6) Period of limitations.--No civil action may be
brought under this subsection unless such civil action is begun
within 2 years from the date of the act complained of or the
date of discovery.
``(7) Limitation on liability.--A civil action may not be
brought under this subsection relating to any collection,
receipt, recording, obtaining, or disclosure of geolocation
information that is authorized under any other provision of law
or appropriate legal process.
``(e) Effects on Other Law.--
``(1) In general.--This section shall supersede a provision
of the law of a State or political subdivision of a State that
requires or allows collection or disclosure of geolocation
information prohibited by this section.
``(2) Common carriers and cable services.--This section
shall not apply to the activities of an individual or entity to
the extent the activities are subject to section 222 or 631 of
the Communications Act of 1934 (47 U.S.C. 222 and 551).''.
(b) Technical and Conforming Amendments.--Chapter 121 of title 18,
United States Code, is amended--
(1) in the table of sections, by adding at the end the
following:
``2713. Voluntary location tracking of electronic communications
devices.'';
and
(2) in section 2702--
(A) in subsection (b), by striking ``A provider''
and inserting ``Except as provided under section 2713,
a provider''; and
(B) in subsection (c), by striking ``A provider''
and inserting ``Except as provided under section 2713,
a provider''.
SEC. 4. GEOLOCATION INFORMATION USED IN INTERSTATE DOMESTIC VIOLENCE OR
STALKING.
(a) In General.--Chapter 110A of title 18, United States Code, is
amended--
(1) by redesignating section 2266 as section 2267;
(2) by inserting after section 2265 the following:
``Sec. 2266. Geolocation information used in interstate domestic
violence or stalking
``(a) Offenses; Unauthorized Disclosure of Geolocation Information
in Aid of Interstate Domestic Violence or Stalking.--A covered entity
that--
``(1) knowingly and willfully discloses geolocation
information about an individual to another individual;
``(2) knew that a violation of section 2261, 2261A, or 2262
would result from the disclosure; and
``(3) intends to aid in a violation of section 2261, 2261A,
or 2262 as a result of the disclosure,
shall be punished as provided in subsection (b).
``(b) Penalties.--A covered entity that violates subsection (a)
shall be fined under this title, imprisoned for not more than 2 years,
or both.''; and
(3) in section 2267, as so redesignated, by adding at the
end the following:
``(11) Covered entity; geolocation information.--The terms
`covered entity' and `geolocation information' have the
meanings given those terms in section 2713.''.
(b) Technical and Conforming Amendments.--
(1) Title 10.--Section 1561a(b) of title 10, United States
Code, is amended by striking ``section 2266(5)'' and inserting
``section 2267(5)''.
(2) Title 18.--Title 18, United States Code, is amended--
(A) in section 1992(d)(14), by striking ``section
2266'' and inserting ``section 2267''; and
(B) in chapter 110A--
(i) in the table of sections, by striking
the item relating to section 2266 and inserting
the following:
``2266 Geolocation information used in interstate domestic violence or
stalking.
``2267. Definitions.'';
and
(ii) in section 2261(b)(6), by striking
``section 2266 of title 18, United States
Code,'' and inserting ``section 2267''.
(3) Omnibus crime control and safe streets act of 1968.--
Section 2011(c) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-5(c)) is amended by
striking ``section 2266'' and inserting ``section 2267''.
SEC. 5. SALE OF GEOLOCATION INFORMATION OF YOUNG CHILDREN.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) by inserting after section 2252C the following:
``Sec. 2252D. Sale of geolocation information of young children
``Any person who knowingly and willfully sells the geolocation
information of not less than 1,000 children under 11 years of age shall
be fined under this title, imprisoned for not more 2 years, or both.'';
and
(2) in section 2256--
(A) in paragraph (8), by striking the period at the
end and inserting a semicolon;
(B) in paragraph (9), by striking the period at the
end and inserting a semicolon;
(C) in paragraph (10), by striking ``and'' at the
end;
(D) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(12) the term `geolocation information' has the meaning
given that term in section 2713.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252C the following:
``2252D. Sale of geolocation information of young children.''.
SEC. 6. NATIONAL BASELINE STUDY OF USE OF GEOLOCATION DATA IN VIOLENCE
AGAINST WOMEN.
(a) In General.--The National Institute of Justice, in consultation
with the Office on Violence Against Women, shall conduct a national
baseline study to examine the role of geolocation information in
violence against women.
(b) Scope.--
(1) In general.--The study conducted under subsection (a)
shall examine the role that various new technologies that use
geolocation information may have in the facilitation of
domestic violence, dating violence, or stalking, including, but
not limited to--
(A) global positioning system technology;
(B) smartphone mobile applications;
(C) in-car navigation devices; and
(D) geo-tagging technology.
(2) Evaluation.--The study conducted under subsection (a)
shall evaluate the effectiveness of the responses of Federal,
State, tribal, and local law enforcement agencies to the
conduct described in paragraph (1).
(3) Recommendations.--The study conducted under subsection
(a) shall propose recommendations to improve the effectiveness
of the responses of Federal, State, tribal, and local law
enforcement agencies to the conduct described in paragraph (1).
(c) Task Force.--
(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, shall
establish a task force to assist in the development and
implementation of the study conducted under subsection (a) and
guide implementation of the recommendations proposed under
subsection (b)(3).
(2) Members.--The task force established under paragraph
(1) shall include--
(A) representatives from--
(i) the National Institute of Standards and
Technology; and
(ii) the Federal Trade Commission; and
(B) representatives appointed by the Director of
the Office on Violence Against Women from--
(i) the offices of attorney generals of
States;
(ii) national violence against women
nonprofit organizations; and
(iii) the industries related to the
technologies described in subsection (b)(1).
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report that describes the results of the study
conducted under subsection (a).
SEC. 7. GEOLOCATION CRIME REPORTING CENTER.
(a) In General.--The Attorney General, acting through the Director
of the Federal Bureau of Investigation, and in conjunction with the
Director of the Bureau of Justice Assistance, shall create a mechanism
using the Internet Crime Complaint Center to register complaints of
crimes the conduct of which was aided by use of geolocation
information.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Attorney General, acting through the Director of the
Federal Bureau of Investigation, and in conjunction with the Director
of the Bureau of Justice Assistance, shall submit to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives a report that--
(1) discusses the information obtained using the mechanism
created under subsection (a);
(2) evaluates the potential risks that the widespread
availability of geolocation information poses in increasing
crimes against person and property;
(3) describes programs of State and municipal governments
intended to reduce these risks; and
(4) makes recommendations on measures that could be
undertaken by Congress to reduce or eliminate these risks.
SEC. 8. NATIONAL GEOLOCATION CURRICULUM DEVELOPMENT.
The Attorney General shall develop a national education curriculum
for use by State and local law enforcement agencies, judicial
educators, and victim service providers to ensure that all courts,
victim advocates, and State and local law enforcement personnel have
access to information about relevant laws, practices, procedures, and
policies for investigating and prosecuting the misuse of geolocation
information.
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