[Congressional Record Volume 146, Number 12 (Thursday, February 10, 2000)]
[Senate]
[Page S617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI:
  S. 2057. A bill to amend the Communications Act of 1934 to prohibit 
the use of electronic measurement units (EMUs); to the Committee on 
Commerce, Science, and Transportation.


                   the motorists privacy act of 2000

  Mr. MURKOWSKI. Mr. President, I rise today to introduce the Motorists 
Privacy Act of 2000. This legislation has become necessary because 
technological advancements threaten to allow government and private 
enterprise to develop a vast database of information about the comings 
and goings of ordinary Americans.
  Recently, I learned of a device known as an electronic measurement 
unit (EMU). EMUs are placed on billboards along highways and at the 
entrances to stadiums and concert locations in Atlanta, Indianapolis, 
Los Angeles, Phoenix, Boston, and a variety of other cities throughout 
the nation. These shoe-box size devices instantly determine what radio 
station a car radio is tuned to by detecting electronic signals emitted 
from the oscillators in every car radio.
  These devices are capable of measuring tens of thousands of radios in 
passing cars every day. And they provide nearly instantaneous 
information on the number of people listening to a radio station at any 
given time. This valuable data can then be sold to radio owners, who 
can then adjust their advertising rates based on listenership.
  Mr. President, there is nothing wrong with surveying radio usage so 
long as a citizen voluntarily chooses to participate in such a survey. 
However, when private enterprise or the government begin to monitor 
radio or television usage, without the knowledge of the citizen, then a 
line is crossed that can only lead down the path to Big Brother. And as 
far as this Senator is concerned, that is not going to happen so long 
as I am a Member of the Senate.
  When a citizen is sitting inside of his or her car, there is a 100 
percent expectation of privacy that what is said and listened to is 
private. Motorists, rightfully, should have no suspicion that they are 
being monitored by the government or by private enterprise. However, in 
the case of EMUs, few motorists are aware that these devices even exist 
and in most cases, no attempt is made to inform motorists when they 
enter an area in which EMUs are utilized.
  Mr. President, what right does a company or government have to snoop 
on what people are listening to in their automobiles? It is not a very 
great leap to imagine a world where EMUs track not only what you listen 
to in the car, but combined with remote television cameras, track your 
driving patterns. And surely, such devices could be installed in 
neighborhoods in order to monitor what families watch on television in 
their homes. Surely such invasions of privacy cannot be tolerated.
  Therefore, I am today introducing the Motorists Privacy Act which 
outlaws the use of electronic measurement units to scan car radios. 
Regardless of whether or not these scans are anonymous, motorists 
deserve the same expectation of privacy within their cars as does a 
homeowner. I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2057

       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 ``Motorists Privacy Act of 
     2000''.

     SEC. 2. PROHIBITION ON USE OF ELECTRONIC MEASUREMENT UNITS.

       Part I of title III of the Communications Act of 1934 (47 
     U.S.C. 301 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 338. PROHIBITION ON USE OF ELECTRONIC MEASUREMENT 
                   UNITS.

       ``(a) Prohibition.--No person may install, post, operate, 
     or otherwise use an electronic measurement unit (EMU).
       ``(b) Electronic Measurement Unit Defined.--In subsection 
     (a), the term `electronic measurement unit (EMU)' means a 
     device that determines the frequency of the radio broadcast 
     being received by a radio receiver located within a vehicle 
     passing through the operating range of the device.''.
                                 ______