[Congressional Bills 112th Congress]
[From the U.S. Government Publishing 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.
                                 <all>