[Congressional Record Volume 157, Number 87 (Thursday, June 16, 2011)]
[Senate]
[Pages S3894-S3896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRANKEN (for himself and Mr. Blumenthal):
  S. 1223. A bill to address voluntary location tracking of electronic 
communications devices, and for other purposes; to the Committee on the 
Judiciary.
  Mr. FRANKEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1223

       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.

[[Page S3895]]

       ``(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

[[Page S3896]]

     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.
                                 ______