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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1223 Reported in Senate (RS)]

                                                       Calendar No. 567
112th CONGRESS
  2d 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, Mr. Blumenthal, Mr. Coons, Mr. Sanders, Mr. 
  Durbin, Mr. Menendez, and Mrs. Feinstein) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                           December 17, 2012

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Location Privacy Protection 
Act of 2011''.</DELETED>

<DELETED>SEC. 2. DEFINITION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 3. VOLUNTARY LOCATION TRACKING OF ELECTRONIC 
              COMMUNICATIONS DEVICES.</DELETED>

<DELETED>    (a) In General.--Chapter 121 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 2713. Voluntary location tracking of electronic 
              communications devices</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) the term `electronic communications device' 
        means any device that--</DELETED>
                <DELETED>    ``(A) enables access to, or use of, an 
                electronic communications system, electronic 
                communication service, remote computing service, or 
                geolocation information service; and</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) the term `express authorization' means 
        express affirmative consent after receiving clear and prominent 
        notice that--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) provides information regarding--
                </DELETED>
                        <DELETED>    ``(i) what geolocation information 
                        will be collected; and</DELETED>
                        <DELETED>    ``(ii) the specific 
                        nongovernmental entities to which the 
                        geolocation information may be 
                        disclosed;</DELETED>
        <DELETED>    ``(4) the term `geolocation information'--
        </DELETED>
                <DELETED>    ``(A) means any information--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) does not include any temporarily 
                assigned network address or Internet protocol address 
                of the individual; and</DELETED>
        <DELETED>    ``(5) the term `geolocation information service' 
        means the provision of a global positioning service or other 
        mapping, locational, or directional information 
        service.</DELETED>
<DELETED>    ``(b) Collection or Disclosure of Geolocation Information 
to or by Nongovernmental Entities.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) necessary to locate a minor child or 
                provide fire, medical, public safety, or other 
                emergency services;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) expressly required by statute, 
                regulation, or appropriate judicial process.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) that geolocation information relating to the 
        individual is being disclosed to another individual; 
        and</DELETED>
        <DELETED>    ``(2) how the individual may revoke consent to the 
        collection, receipt, recording, obtaining, and disclosure of 
        geolocation information relating to the individual.</DELETED>
<DELETED>    ``(d) Civil Remedies.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Pending proceedings.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Relief.--In a civil action brought under 
        this subsection, the court may award--</DELETED>
                <DELETED>    ``(A) actual damages, but not less than 
                damages in the amount of $2,500;</DELETED>
                <DELETED>    ``(B) punitive damages;</DELETED>
                <DELETED>    ``(C) reasonable attorney's fees and other 
                litigation costs reasonably incurred; and</DELETED>
                <DELETED>    ``(D) such other preliminary or equitable 
                relief as the court determines to be 
                appropriate.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Effects on Other Law.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--Chapter 121 of 
title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) in the table of sections, by adding at the end 
        the following:</DELETED>

<DELETED>``2713. Voluntary location tracking of electronic 
                            communications devices.'';
        <DELETED>and</DELETED>
        <DELETED>    (2) in section 2702--</DELETED>
                <DELETED>    (A) in subsection (b), by striking ``A 
                provider'' and inserting ``Except as provided under 
                section 2713, a provider''; and</DELETED>
                <DELETED>    (B) in subsection (c), by striking ``A 
                provider'' and inserting ``Except as provided under 
                section 2713, a provider''.</DELETED>

<DELETED>SEC. 4. GEOLOCATION INFORMATION USED IN INTERSTATE DOMESTIC 
              VIOLENCE OR STALKING.</DELETED>

<DELETED>    (a) In General.--Chapter 110A of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating section 2266 as section 
        2267;</DELETED>
        <DELETED>    (2) by inserting after section 2265 the 
        following:</DELETED>
<DELETED>``Sec. 2266. Geolocation information used in interstate 
              domestic violence or stalking</DELETED>
<DELETED>    ``(a) Offenses; Unauthorized Disclosure of Geolocation 
Information in Aid of Interstate Domestic Violence or Stalking.--A 
covered entity that--</DELETED>
        <DELETED>    ``(1) knowingly and willfully discloses 
        geolocation information about an individual to another 
        individual;</DELETED>
        <DELETED>    ``(2) knew that a violation of section 2261, 
        2261A, or 2262 would result from the disclosure; and</DELETED>
        <DELETED>    ``(3) intends to aid in a violation of section 
        2261, 2261A, or 2262 as a result of the disclosure,</DELETED>
<DELETED>shall be punished as provided in subsection (b).</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (3) in section 2267, as so redesignated, by adding 
        at the end the following:</DELETED>
        <DELETED>    ``(11) Covered entity; geolocation information.--
        The terms `covered entity' and `geolocation information' have 
        the meanings given those terms in section 2713.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Title 10.--Section 1561a(b) of title 10, 
        United States Code, is amended by striking ``section 2266(5)'' 
        and inserting ``section 2267(5)''.</DELETED>
        <DELETED>    (2) Title 18.--Title 18, United States Code, is 
        amended--</DELETED>
                <DELETED>    (A) in section 1992(d)(14), by striking 
                ``section 2266'' and inserting ``section 2267''; 
                and</DELETED>
                <DELETED>    (B) in chapter 110A--</DELETED>
                        <DELETED>    (i) in the table of sections, by 
                        striking the item relating to section 2266 and 
                        inserting the following:</DELETED>

<DELETED>``2266 Geolocation information used in interstate domestic 
                            violence or stalking.
<DELETED>``2267. Definitions.'';
                        <DELETED>and</DELETED>
                        <DELETED>    (ii) in section 2261(b)(6), by 
                        striking ``section 2266 of title 18, United 
                        States Code,'' and inserting ``section 
                        2267''.</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 5. SALE OF GEOLOCATION INFORMATION OF YOUNG 
              CHILDREN.</DELETED>

<DELETED>    (a) In General.--Chapter 110 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by inserting after section 2252C the 
        following:</DELETED>
<DELETED>``Sec. 2252D. Sale of geolocation information of young 
              children</DELETED>
<DELETED>    ``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</DELETED>
        <DELETED>    (2) in section 2256--</DELETED>
                <DELETED>    (A) in paragraph (8), by striking the 
                period at the end and inserting a semicolon;</DELETED>
                <DELETED>    (B) in paragraph (9), by striking the 
                period at the end and inserting a semicolon;</DELETED>
                <DELETED>    (C) in paragraph (10), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (D) in paragraph (11), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (E) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(12) the term `geolocation information' has the 
        meaning given that term in section 2713.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``2252D. Sale of geolocation information of young children.''.

<DELETED>SEC. 6. NATIONAL BASELINE STUDY OF USE OF GEOLOCATION DATA IN 
              VIOLENCE AGAINST WOMEN.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Scope.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) global positioning system 
                technology;</DELETED>
                <DELETED>    (B) smartphone mobile 
                applications;</DELETED>
                <DELETED>    (C) in-car navigation devices; 
                and</DELETED>
                <DELETED>    (D) geo-tagging technology.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Task Force.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Members.--The task force established under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    (A) representatives from--</DELETED>
                        <DELETED>    (i) the National Institute of 
                        Standards and Technology; and</DELETED>
                        <DELETED>    (ii) the Federal Trade Commission; 
                        and</DELETED>
                <DELETED>    (B) representatives appointed by the 
                Director of the Office on Violence Against Women from--
                </DELETED>
                        <DELETED>    (i) the offices of attorney 
                        generals of States;</DELETED>
                        <DELETED>    (ii) national violence against 
                        women nonprofit organizations; and</DELETED>
                        <DELETED>    (iii) the industries related to 
                        the technologies described in subsection 
                        (b)(1).</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 7. GEOLOCATION CRIME REPORTING CENTER.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) discusses the information obtained using the 
        mechanism created under subsection (a);</DELETED>
        <DELETED>    (2) evaluates the potential risks that the 
        widespread availability of geolocation information poses in 
        increasing crimes against person and property;</DELETED>
        <DELETED>    (3) describes programs of State and municipal 
        governments intended to reduce these risks; and</DELETED>
        <DELETED>    (4) makes recommendations on measures that could 
        be undertaken by Congress to reduce or eliminate these 
        risks.</DELETED>

<DELETED>SEC. 8. NATIONAL GEOLOCATION CURRICULUM DEVELOPMENT.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Location Privacy Protection Act of 
2012''.

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 an 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, in or as 
                part of 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, received, recorded, or obtained;
                            ``(ii) the specific individuals or 
                        nongovernmental entities to which the 
                        geolocation information may be disclosed by the 
                        covered entity; and
                            ``(iii) how the individual may 
                        electronically revoke consent to the 
                        collection, receipt, recording, obtaining, and 
                        disclosure of the geolocation information;
            ``(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 the 
                        location of the individual that is using the 
                        device;
                    ``(B) includes, but is not limited to--
                            ``(i) Global Positioning System data and 
                        data from multilateration of cell antennae 
                        signals, WiFi signals, or other technologies; 
                        and
                            ``(ii) cellular antenna connection records, 
                        including data regarding the geographic 
                        location, attributes, and sectors of the 
                        antenna transmitting a wire or electronic 
                        communication to or from an electronic 
                        communications device; and
                    ``(C) does not include--
                            ``(i) the name of the individual;
                            ``(ii) the home, business, or billing 
                        address of the individual, or any of the 
                        component parts of such an address;
                            ``(iii) the local and long distance 
                        telephone connection records, or records of 
                        session times and durations, of the individual;
                            ``(iv) the length of service (including 
                        start date) and types of service utilized by 
                        the individual;
                            ``(v) the telephone or instrument number or 
                        other subscriber number or identity, including 
                        any network or Internet Protocol address, of 
                        the individual; and
                            ``(vi) the means and source of payment for 
                        a service (including any credit card or bank 
                        account number) of the individual;
            ``(5) the term `geolocation information service' means the 
        provision of a global positioning service or other mapping, 
        locational, or directional information service; and
            ``(6) the term `knowingly' means having actual knowledge.
    ``(b) Collection or Disclosure of Geolocation Information to or by 
Nongovernmental Entities.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), 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 communications 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) to allow a parent or legal guardian to locate 
                a minor child;
                    ``(B) for the provision of fire, medical, public 
                safety, or other emergency services;
                    ``(C) for the sole purpose of transmitting the 
                geolocation information to the individual or another 
                authorized recipient, including another third party 
                authorized under this subparagraph;
                    ``(D) necessary to protect the rights or property 
                of the covered entity, or protect customers of the 
                covered entity or other covered entities from 
                fraudulent, abusive, or unlawful use of, or 
                subscription to, such services;
                    ``(E) pursuant to a court order, in a civil 
                proceeding upon a showing of compelling need for the 
                information that cannot be accommodated by any other 
                means, if--
                            ``(i) the individual is given reasonable 
                        notice, by the person seeking the disclosure, 
                        of the court proceeding relevant to the 
                        issuance of the court order; and
                            ``(ii) the individual is afforded the 
                        opportunity to appear and contest the claim of 
                        the person seeking the disclosure;
                    ``(F) requested by a law enforcement or 
                intelligence agency of the United States, a State, or a 
                political subdivision of a State pursuant to any lawful 
                authority or activity, including under this chapter, 
                chapter 119, the Foreign Intelligence Surveillance Act 
                of 1978 (50 U.S.C. 1801 et seq.), the Federal Rules of 
                Criminal Procedure, or any other provision of Federal 
                or State law, if the covered entity uses the 
                geolocation information collected, received, recorded, 
                or obtained in response to the request solely for law 
                enforcement or intelligence purposes; or
                    ``(G) a collection of geolocation information that 
                is necessary for network operation by an individual or 
                entity that is subject to section 222 or 631 of the 
                Communications Act of 1934, if the entity only uses the 
                information solely for purposes of network operation.
        If an order is granted under subparagraph (E), the court shall 
        impose appropriate safeguards against unauthorized disclosure.
            ``(3) Rules of construction.--
                    ``(A) One time consent.--A covered entity shall not 
                be required to obtain express authorization for each 
                individual collection, receipt, recording, obtaining, 
                or disclosure of geolocation information for which an 
                express authorization is required under paragraphs (1) 
                and (2) if--
                            ``(i) an express authorization was obtained 
                        before the initial collection, receipt, 
                        recording, obtaining, or disclosure;
                            ``(ii) the nature of the geolocation 
                        information being collected, received, 
                        recorded, or obtained has not changed since the 
                        express authorization; and
                            ``(iii) the geolocation information is 
                        being disclosed to a nongovernmental individual 
                        or entity specified at the time of the express 
                        authorization.
                    ``(B) First party responsibility.--A covered entity 
                that collects, receives, records, or obtains 
                geolocation information from the covered entity that 
                initially collected, received, recorded, or obtained 
                the geolocation information from the electronic 
                communications device shall not be required to obtain 
                an express authorization for that collection, receipt, 
                recording, or obtaining or any subsequent disclosures 
                of the geolocation information.
                    ``(C) Legacy and future devices.--A covered entity 
                that has a reasonable belief that it is impossible to 
                communicate the information described in subsection 
                (a)(3)(B) by means of a display on the electronic 
                communications device, as required under subsection 
                (a)(3)(A), may communicate the information and obtain 
                the express affirmative consent required under 
                paragraph (1) orally or in writing.
                    ``(D) Shared devices.--A covered entity shall not 
                be required to obtain an express authorization for the 
                collection, receipt, recording, obtaining, or 
                disclosure of geolocation information from an 
                individual if the covered entity--
                            ``(i) does not have actual knowledge that 
                        the electronic device from which the covered 
                        entity is collecting, receiving, recording, or 
                        obtaining geolocation information is being used 
                        by an individual different from the individual 
                        from whom the covered entity obtained express 
                        authorization; and
                            ``(ii) is not collecting, receiving, 
                        recording, or obtaining the geolocation 
                        information of the individual in a manner that 
                        the covered entity knows and intends to be 
                        imperceptible to the individual.
    ``(c) Anti-Cyberstalking Protection.--Except for an instance in 
which geolocation information is being collected under the exception 
described in subsection (b)(2)(F), if a covered entity collects, 
receives, records, or obtains the geolocation information of an 
individual in a manner that the covered entity knows and intends to be 
imperceptible to the individual, not earlier than 24 hours and not 
later than 7 days after the initial collection, receipt, recording, or 
obtaining, the covered entity shall provide the individual a notice 
that informs the individual--
            ``(1) what geolocation information relating to the 
        individual is being collected, received, recorded, or obtained;
            ``(2) the nongovernmental individuals or entities to which 
        the geolocation information has been or is being disclosed; and
            ``(3) how the individual may electronically revoke consent 
        to the collection, receipt, recording, obtaining, and 
        disclosure of the geolocation information.
    ``(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) Effect on other proceedings.--
                    ``(A) Federal action.--On and after the date on 
                which the Attorney General of the United States files a 
                civil action alleging a violation of this section, an 
                attorney general of a State or an individual 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.
                    ``(B) State action.--On and after the date on which 
                the attorney general of a State files 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.
            ``(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.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                civil action may not be brought under this subsection 
                unless the civil action is filed not later than 2 years 
                after the later of the date of the act complained of or 
                the date of discovery of the act complained of.
                    ``(B) Limitation.--In no instance may a civil 
                action be filed under this subsection after the date 
                that is 10 years after the date of the act complained 
                of.
            ``(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 explicitly authorized under another 
        provision of Federal law.
    ``(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, receipt, recording, obtaining or 
        disclosure of geolocation information prohibited by this 
        section.
            ``(2) State consumer protection laws.--Nothing in this 
        section shall be construed to preempt the law of a State that 
        grants greater consumer protections relating to the collection, 
        receipt, recording, obtaining, or disclosure of geolocation 
        information from electronic communications devices.
            ``(3) Rights and remedies.--Nothing in this section shall 
        be construed to effect the rights and remedies of any 
        individual under any other State or Federal law.
            ``(4) 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''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect 180 days after the date of enactment of this 
Act.

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 
or an employee of a covered entity that--
            ``(1) knowingly and intentionally discloses geolocation 
        information about an individual to another individual;
            ``(2) knew that a violation of section 2261, 2261A, or 2262 
        could 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 or employee of 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', `geolocation information', and `knowingly' 
        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. NATIONAL 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 
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, sexual assault, 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) 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) Consultation.--The Attorney General, acting through the 
Director of the Office on Violence Against Women and the Director of 
the National Institute of Justice, shall consult with representatives 
from the Federal agencies, offices of State attorneys general, national 
victim advocacy organizations and the industries related to the 
technologies described in subsection (b)(1) 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).
    (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. 6. GEOLOCATION CRIME INFORMATION AND REPORTING.

    (a) Implementation.--The Attorney General shall direct the Internet 
Crime Complaint Center to provide education and awareness information 
to the public and law enforcement and register complaints regarding the 
abuse of geolocation information to commit domestic violence, dating 
violence, sexual assault, stalking, or other related crimes.
    (b) Consultations.--In determining what information will be 
provided to the public and collected in complaints under subsection 
(a), the Attorney General shall consult with nongovernmental entities 
that have demonstrated expertise relating to the abuse of the Internet 
or geolocation information to commit stalking, domestic violence, 
dating violence, sexual assault, or other related crimes.
    (c) Report.--Not later than 18 months 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 discusses and summarizes the 
information collected in complaints filed under subsection (a).

SEC. 7. NATIONAL GEOLOCATION CURRICULUM TRAINING.

    (a) In General.--The Attorney General, through the Director of the 
Office on Violence Against Women, may make grants to entities to 
develop and provide training to law enforcement officers, prosecutors, 
judges, and victim service personnel throughout the United States 
regarding relevant Federal, State, territorial, or local law and 
promising practices, procedures, and policies relating to investigating 
and prosecuting the misuse of geolocation information in the commission 
of stalking, domestic violence, dating violence, sexual assault, and 
other crimes.
    (b) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Attorney General at such 
time, in such manner, and accompanied by such information as the 
Attorney General may reasonably require.
                                                       Calendar No. 567

112th CONGRESS

  2d Session

                                S. 1223

_______________________________________________________________________

                                 A BILL

  To address voluntary location tracking of electronic communications 
                    devices, and for other purposes.

_______________________________________________________________________

                           December 17, 2012

                       Reported with an amendment
```