Summary

A bill to amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information and for other purposes. Read More

Status

This bill was introduced on Jun 15, 2011, in a previous session of Congress, but was not passed.

Date Introduced
Jun 15, 2011

Co-Sponsors

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Bill Text

A BILL

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) Covered service.--The term `covered service' means an electronic communication service, a geolocation information service, or a remote computing service. ``(2) Electronic communication service.--The term `electronic communication service' has the meaning given that term in section 2510. ``(3) 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). ``(4) 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...

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A bill was introduced today both in the House and Senate that would protect Americans’ geolocation data from being obtained by law enforcement without a warrant. Geolocation, or tracking, data is used to locate individuals and can be derived from GPS devices or cellphones – even when turned off. These devices hold detailed information on Americans’ locations, and gathering that information without any warrants or oversight is currently a pervasive law enforcement practice. The bill, the Geolocation Privacy and Surveillance Act, which was introduced by Sen. Ron Wyden (D-Ore.) and Rep. Jason Chaffetz (R-Utah), would protect both historical and real-time location data. It would also mandate that private telecommunications companies obtain their customers’ consent before collecting location data. The following can be attributed to Laura W. Murphy, director of the American Civil Liberties Union Washington Legislative Office: “Whether they realize it or not, Americans are carrying tracking devices with them wherever they go. Whether they visit a therapist, liquor store, church or gun range, Americans’ activities are often available to law enforcement in real-time or even months after the fact. Tracking our locations and movements without warrants or probable cause is a massive privacy violation. With unclear standards to regulate the collection of this information, our Fourth Amendment rights are left largely unprotected. This bill is a welcome step toward guarding some of our most private information and we hope both the House and Senate make its passage a priority.” http://www.aclu.org/technology-and-liberty/much-needed-location-privacy-legislation-introduced-house-and-senate

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Bill Summary

A bill to amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information and for other purposes.

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