[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.
                                 <all>