To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information 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 TITLES.
This Act may be cited as the ``Geolocational Privacy and Surveillance Act'' or the ``GPS Act''.
SEC. 2. PROTECTION OF GEOLOCATION INFORMATION.
(a) In General.--Part 1 of title 18, United States Code, is amended by inserting after chapter 119 the following:
``CHAPTER 120--GEOLOCATION INFORMATION
``Sec. ``2601. Definitions. ``2602. Interception and disclosure of geolocation information. ``2603. Prohibition of use as evidence of acquired geolocation information. ``2604. Emergency situation exception. ``2605. Recovery of civil damages authorized. ``Sec. 2601. Definitions ``In this chapter: ``(1) Electronic communication service.--The term `electronic communication service' has the meaning given that term in section 2510. ``(2) Electronic surveillance.--The term `electronic surveillance' has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``(3) Geolocation information.--The term `geolocation information' means, with respect to a person, any information that is not the content of a communication, concerning the location of a wireless communication device or tracking device (as that term is defined section 3117) that, in whole or in part, is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the location of the person. ``(4) Geolocation information service.--The term `geolocation information service'...