[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1164 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1164
To provide for the enhanced protection of the privacy of location
information of users of location-based services and applications, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2001
Mr. Edwards introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide for the enhanced protection of the privacy of location
information of users of location-based services and applications, 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
2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Location-based services and applications allow
customers to receive services based on their geographic
location, position, or known presence. Telematics devices, for
instance, permit subscribers in vehicles to obtain emergency
road assistance, driving directions, or other information with
the push of a button. Other devices, such as those with
Internet access, support position commerce in which
notification of points of interest or promotions can be
provided to customers based on their known presence or
geographic location.
(2) There is a substantial Federal interest in safeguarding
the privacy right of customers of location-based services or
applications to control the collection, use, retention of,
disclosure of, and access to their location information.
Location information is nonpublic information that can be
misused to commit fraud, to harass consumers with unwanted
messages, to draw embarrassing or inaccurate inferences about
them, or to discriminate against them. Improper disclosure of
or access to location information could also place a person in
physical danger. For example, location information could be
misused by stalkers or by domestic abusers.
(3) The collection or retention of unnecessary location
information magnifies the risk of its misuse or improper
disclosure.
(4) Congress has recognized the right to privacy of
location information by classifying location information as
customer proprietary network information subject to section 222
of the Communications Act of 1934 (47 U.S.C. 222), thereby
preventing use or disclosure of that information without a
customer's express prior authorization.
(5) There is a substantial Federal interest in promoting
fair competition in the provision of wireless services and in
ensuring the consumer confidence necessary to ensure continued
growth in the use of wireless services. These goals can be
attained by establishing a set of privacy rules that apply to
wireless location information, regardless of technology, and to
all entities and services that generate or receive access to
such information.
(6) It is in the public interest that the Federal
Communications Commission establish comprehensive rules to
protect the privacy of customers of location-based services and
applications and thereby enable customers to realize more fully
the benefits of location services and applications.
SEC. 3. PROTECTION OF LOCATION INFORMATION PRIVACY.
(a) Rulemaking Required.--Not later than 180 days after the date of
the enactment of this Act, the Federal Communications Commission shall
complete a rulemaking proceeding for purposes of further protecting the
privacy of location information.
(b) Elements.--
(1) In general.--Subject to the provisions of paragraph
(2), the rules prescribed by the Commission under subsection
(a) shall--
(A) require providers of location-based services
and applications to inform customers, with clear and
conspicuous notice, about their policies on the
collection, use, disclosure of, retention of, and
access to customer location information;
(B) require providers of location-based services
and applications to obtain a customer's express
authorization before--
(i) collecting, using, or retaining the
customer's location information; or
(ii) disclosing or permitting access to the
customer's location information to any person
who is not a party to, or who is not necessary
to the performance of, the service contract
between the customer and such provider;
(C) require that all providers of location-based
services or applications--
(i) restrict any collection, use,
disclosure of, retention of, and access to
customer location information to the specific
purpose that is the subject of the express
authorization of the customer concerned; and
(ii) not subsequently release a customer's
location information for any purpose beyond the
purpose for which the customer provided express
authorization;
(D) ensure the security and integrity of location
data, and give customers reasonable access to their
location data for purposes of verifying the accuracy
of, or deleting, such data;
(E) be technology neutral to ensure uniform privacy
rules and expectations and provide the framework for
fair competition among similar services;
(F) require that aggregated location information
not be disaggregated through any means into individual
location information for any commercial purpose; and
(G) not impede customers from readily utilizing
location-based services or applications.
(2) Permitted uses.--The rules prescribed under subsection
(a) may permit the collection, use, retention, disclosure of,
or access to a customer's location information without prior
notice or consent to the extent necessary to--
(A) provide the service from which such information
is derived, or to provide the location-based service
that the customer is accessing;
(B) initiate, render, bill, and collect for the
location-based service or application;
(C) protect the rights or property of the provider
of the location-based service or application, or
protect customers of the service or application from
fraudulent, abusive, or unlawful use of, or
subscription to, the service or application;
(D) produce aggregate location information; and
(E) comply with an appropriate court order.
(3) Additional requirement.--Under the rules prescribed
under subsection (a), any third party receiving, or receiving
access to, a customer's location information from a provider of
location services or applications pursuant to the express
authorization of the customer, shall not disclose or permit
access to such information to any other person without the
express authorization of the customer.
(4) Express authorization.--
(A) Form.--For purposes of the rules prescribed
under subsection (a) and section 222(f) of the
Communications Act of 1934 (47 U.S.C. 222(f)), the
Commission shall specify the appropriate methods,
whether technological or otherwise, by which a customer
may provide express prior authorization. Such methods
may include a written or electronically signed service
agreement or other contractual instrument.
(B) Modification or revocation.--Under the rules
prescribed under subsection (a), a customer shall have
the power to modify or revoke at any time an express
authorization given by the customer under the rules.
(c) Application of Rules.--The rules prescribed by the Commission
under subsection (a) shall apply to any person that provides a
location-based service or application, whether or not such person is
also a provider of commercial mobile service (as that term is defined
in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
(d) Relationship to Wireless Communications and Public Safety Act
of 1999.--The rules prescribed by the Commission under subsection (a)
shall be consistent with the amendments to section 222 of the
Communications Act of 1934 (47 U.S.C. 222) made by section 5 of the
Wireless Communications and Public Safety Act of 1999 (Public Law 106-
81; 113 Stat. 1288), including the provisions of section 222(d)(4) of
the Communications Act of 1934, as so amended, permitting use,
disclosure, and access to location information by public safety, fire
services, and other emergency services providers for purposes specified
in subparagraphs (A), (B), and (C) of such section 222(d)(4).
(e) State and Local Requirements.--
(1) In general.--No State or local government may adopt or
enforce any law, regulation, or other legal requirement
addressing the privacy of wireless location information that is
inconsistent with the rules prescribed by the Commission under
subsection (a).
(2) Preemption.--Any law, regulation, or requirement
referred to in paragraph (1) that is in effect on the date of
the enactment of this Act shall be preempted and superseded as
of the effective date of the rules prescribed by the Commission
under subsection (a).
(f) Definitions.--In this section:
(1) Aggregate location information.--The term ``aggregate
location information'' means a collection of location data
relating to a group or category of customers from which
individual customer identities have been removed.
(2) Customer.--The term ``customer'', in the case of the
provision of a location-based service or application with
respect to a device, means the person entering into the
contract or agreement with the provider of the location-based
service or application for provision of the location-based
service or application for the device.
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