II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Location Privacy Pro5 tection Act of 2011’’. 

6 SEC. 2. DEFINITION. 

7 In this Act, the term ‘‘geolocation information’’ has 

8 the meaning given that term in section 2713 of title 18, 

9 United States Code, as added by this Act. 


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1 SEC. 3. VOLUNTARY LOCATION TRACKING OF ELECTRONIC 

2 COMMUNICATIONS DEVICES. 

3 (a) IN GENERAL.—Chapter 121 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 2713. Voluntary location tracking of electronic 

7 communications devices 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘covered entity’ means a non10 governmental individual or entity engaged in the 

11 business, in or affecting interstate or foreign com12 merce, of offering or providing a service to electronic 

13 communications devices, including, but not limited 

14 to, offering or providing electronic communication 

15 service, remote computing service, or geolocation in16 formation service; 

17 ‘‘(2) the term ‘electronic communications de18 vice’ means any device that— 

19 ‘‘(A) enables access to, or use of, an elec20 tronic communications system, electronic com21 munication service, remote computing service, 

22 or geolocation information service; and 

23 ‘‘(B) is designed or intended to be carried 

24 by or on the person of an individual or travel 

25 with the individual, including, but not limited 

26 to, a vehicle the individual drives; 


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1 ‘‘(3) the term ‘express authorization’ means ex2 press affirmative consent after receiving clear and 

3 prominent notice that— 

4 ‘‘(A) is displayed by the electronic commu5 nications device, separate and apart from any 

6 final end user license agreement, privacy policy, 

7 terms of use page, or similar document; and 

8 ‘‘(B) provides information regarding— 

9 ‘‘(i) what geolocation information will 

10 be collected; and 

11 ‘‘(ii) the specific nongovernmental en12 tities to which the geolocation information 

13 may be disclosed; 

14 ‘‘(4) the term ‘geolocation information’— 

15 ‘‘(A) means any information— 

16 ‘‘(i) concerning the location of an elec17 tronic communications device that is in 

18 whole or in part generated by or derived 

19 from the operation or use of the electronic 

20 communications device; and 

21 ‘‘(ii) that may be used to identify or 

22 approximate the location of the electronic 

23 communications device or the individual 

24 that is using the device; and 


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1 ‘‘(B) does not include any temporarily as2 signed network address or Internet protocol ad3 dress of the individual; and 

4 ‘‘(5) the term ‘geolocation information service’ 

5 means the provision of a global positioning service or 

6 other mapping, locational, or directional information 

7 service. 

8 ‘‘(b) COLLECTION OR DISCLOSURE OF GEOLOCATION

9 INFORMATION TO OR BY NONGOVERNMENTAL ENTI10 TIES.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), a covered entity may not knowingly col13 lect, receive, record, obtain, or disclose to a non14 governmental individual or entity the geolocation in15 formation from an electronic communications device 

16 without the express authorization of the individual 

17 that is using the electronic communications device. 

18 ‘‘(2) EXCEPTIONS.—A covered entity may 

19 knowingly collect, receive, record, obtain, or disclose 

20 to a nongovernmental individual or entity the 

21 geolocation information from an electronic commu22 nication device without the express authorization of 

23 the individual that is using the electronic commu24 nications device if the covered entity has a good 


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1 faith belief that the collection, receipt, recording, ob2 taining, or disclosure is— 

3 ‘‘(A) necessary to locate a minor child or 

4 provide fire, medical, public safety, or other 

5 emergency services; 

6 ‘‘(B) for the sole purpose of transmitting 

7 the geolocation information to the individual or 

8 another authorized recipient, including another 

9 third party authorized under this subparagraph; 

10 or 

11 ‘‘(C) expressly required by statute, regula12 tion, or appropriate judicial process. 

13 ‘‘(c) ANTI-CYBERSTALKING PROTECTION.—Not ear14 lier than 24 hours, and not later than 7 days, after the 

15 time an individual provides express authorization to a cov16 ered entity providing a geolocation information service to 

17 the individual for the express purpose of authorizing dis18 closure of geolocation information relating to the indi19 vidual to another individual, the covered entity shall pro20 vide the individual a verification displayed by the elec21 tronic communications device that informs the indi22 vidual— 

23 ‘‘(1) that geolocation information relating to 

24 the individual is being disclosed to another indi25 vidual; and 


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1 ‘‘(2) how the individual may revoke consent to 

2 the collection, receipt, recording, obtaining, and dis3 closure of geolocation information relating to the in4 dividual. 

5 ‘‘(d) CIVIL REMEDIES.— 

6 ‘‘(1) ACTION BY ATTORNEY GENERAL OF THE

7 UNITED STATES.—If the Attorney General of the 

8 United States has reasonable cause to believe that 

9 an individual or entity is violating this section, the 

10 Attorney General may bring a civil action in an ap11 propriate United States district court. 

12 ‘‘(2) ACTION BY STATE ATTORNEYS GEN13 ERAL.—If the attorney general of a State has rea14 sonable cause to believe that an interest of the resi15 dents of the State has been or is threatened or ad16 versely affected by a violation of this section, the at17 torney general of the State may bring a civil action 

18 on behalf of the residents of the State in an appro19 priate United States district court. 

20 ‘‘(3) RIGHT OF ACTION.—Any individual ag21 grieved by any action of an individual or entity in 

22 violation of this section may bring a civil action in 

23 an appropriate United States district court. 

24 ‘‘(4) PENDING PROCEEDINGS.— 


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1 ‘‘(A) FEDERAL ACTION.—If the Attorney 

2 General has brought a civil action alleging a 

3 violation of this section, an attorney general of 

4 a State or private person may not bring a civil 

5 action under this subsection against a defend6 ant named in the civil action relating to a viola7 tion of this section that is alleged in the civil 

8 action while the civil action is pending. 

9 ‘‘(B) STATE ACTION.—If the attorney gen10 eral of a State has brought a civil action alleg11 ing a violation of this section, an individual may 

12 not bring a civil action under this subsection 

13 against a defendant named in the civil action 

14 for a violation of this section that is alleged in 

15 the civil action while the civil action is pending. 

16 ‘‘(5) RELIEF.—In a civil action brought under 

17 this subsection, the court may award— 

18 ‘‘(A) actual damages, but not less than 

19 damages in the amount of $2,500; 

20 ‘‘(B) punitive damages; 

21 ‘‘(C) reasonable attorney’s fees and other 

22 litigation costs reasonably incurred; and 

23 ‘‘(D) such other preliminary or equitable 

24 relief as the court determines to be appropriate. 


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1 ‘‘(6) PERIOD OF LIMITATIONS.—No civil action 

2 may be brought under this subsection unless such 

3 civil action is begun within 2 years from the date of 

4 the act complained of or the date of discovery. 

5 ‘‘(7) LIMITATION ON LIABILITY.—A civil action 

6 may not be brought under this subsection relating to 

7 any collection, receipt, recording, obtaining, or dis8 closure of geolocation information that is authorized 

9 under any other provision of law or appropriate legal 

10 process. 

11 ‘‘(e) EFFECTS ON OTHER LAW.— 

12 ‘‘(1) IN GENERAL.—This section shall super13 sede a provision of the law of a State or political 

14 subdivision of a State that requires or allows collec15 tion or disclosure of geolocation information prohib16 ited by this section. 

17 ‘‘(2) COMMON CARRIERS AND CABLE SERV18 ICES.—This section shall not apply to the activities 

19 of an individual or entity to the extent the activities 

20 are subject to section 222 or 631 of the Communica21 tions Act of 1934 (47 U.S.C. 222 and 551).’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

23 Chapter 121 of title 18, United States Code, is amended— 

24 (1) in the table of sections, by adding at the 

25 end the following: 

‘‘2713. Voluntary location tracking of electronic communications devices.’’; 


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1 and 

2 (2) in section 2702— 

3 (A) in subsection (b), by striking ‘‘A pro4 vider’’ and inserting ‘‘Except as provided under 

5 section 2713, a provider’’; and 

6 (B) in subsection (c), by striking ‘‘A pro7 vider’’ and inserting ‘‘Except as provided under 

8 section 2713, a provider’’. 

9 SEC. 4. GEOLOCATION INFORMATION USED IN INTERSTATE 

10 DOMESTIC VIOLENCE OR STALKING. 

11 (a) IN GENERAL.—Chapter 110A of title 18, United 

12 States Code, is amended— 

13 (1) by redesignating section 2266 as section 

14 2267; 

15 (2) by inserting after section 2265 the fol16 lowing: 

17 ‘‘§ 2266. Geolocation information used in interstate 

18 domestic violence or stalking 

19 ‘‘(a) OFFENSES; UNAUTHORIZED DISCLOSURE OF

20 GEOLOCATION INFORMATION IN AID OF INTERSTATE DO21 MESTIC VIOLENCE OR STALKING.—A covered entity 

22 that— 

23 ‘‘(1) knowingly and willfully discloses 

24 geolocation information about an individual to an25 other individual; 


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1 ‘‘(2) knew that a violation of section 2261, 

2 2261A, or 2262 would result from the disclosure; 

3 and 

4 ‘‘(3) intends to aid in a violation of section 

5 2261, 2261A, or 2262 as a result of the disclosure, 

6 shall be punished as provided in subsection (b). 

7 ‘‘(b) PENALTIES.—A covered entity that violates sub8 section (a) shall be fined under this title, imprisoned for 

9 not more than 2 years, or both.’’; and 

10 (3) in section 2267, as so redesignated, by add11 ing at the end the following: 

12 ‘‘(11) COVERED ENTITY; GEOLOCATION INFOR13 MATION.—The terms ‘covered entity’ and 

14 ‘geolocation information’ have the meanings given 

15 those terms in section 2713.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 (1) TITLE 10.—Section 1561a(b) of title 10, 

18 United States Code, is amended by striking ‘‘section 

19 2266(5)’’ and inserting ‘‘section 2267(5)’’. 

20 (2) TITLE 18.—Title 18, United States Code, is 

21 amended— 

22 (A) in section 1992(d)(14), by striking 

23 ‘‘section 2266’’ and inserting ‘‘section 2267’’; 

24 and 

25 (B) in chapter 110A— 


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1 (i) in the table of sections, by striking 

2 the item relating to section 2266 and in3 serting the following: 

‘‘2266 Geolocation information used in interstate domestic violence or stalking. 

‘‘2267. Definitions.’’; 

4 and 

5 (ii) in section 2261(b)(6), by striking 

6 ‘‘section 2266 of title 18, United States 

7 Code,’’ and inserting ‘‘section 2267’’. 

8 (3) OMNIBUS CRIME CONTROL AND SAFE

9 STREETS ACT OF 1968.—Section 2011(c) of title I of 

10 the Omnibus Crime Control and Safe Streets Act of 

11 1968 (42 U.S.C. 3796gg–5(c)) is amended by strik12 ing ‘‘section 2266’’ and inserting ‘‘section 2267’’. 

13 SEC. 5. SALE OF GEOLOCATION INFORMATION OF YOUNG 

14 CHILDREN. 

15 (a) IN GENERAL.—Chapter 110 of title 18, United 

16 States Code, is amended— 

17 (1) by inserting after section 2252C the fol18 lowing: 

19 ‘‘§ 2252D. Sale of geolocation information of young 

20 children 

21 ‘‘Any person who knowingly and willfully sells the 

22 geolocation information of not less than 1,000 children 

23 under 11 years of age shall be fined under this title, im24 prisoned for not more 2 years, or both.’’; and 


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1 (2) in section 2256— 

2 (A) in paragraph (8), by striking the pe3 riod at the end and inserting a semicolon; 

4 (B) in paragraph (9), by striking the pe5 riod at the end and inserting a semicolon; 

6 (C) in paragraph (10), by striking ‘‘and’’ 

7 at the end; 

8 (D) in paragraph (11), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (E) by adding at the end the following: 

11 ‘‘(12) the term ‘geolocation information’ has the 

12 meaning given that term in section 2713.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of sections for chapter 110 of title 18, United 

15 States Code, is amended by inserting after the item relat16 ing to section 2252C the following: 

‘‘2252D. Sale of geolocation information of young children.’’. 

17 SEC. 6. NATIONAL BASELINE STUDY OF USE OF 

18 GEOLOCATION DATA IN VIOLENCE AGAINST 

19 WOMEN. 

20 (a) IN GENERAL.—The National Institute of Justice, 

21 in consultation with the Office on Violence Against 

22 Women, shall conduct a national baseline study to examine 

23 the role of geolocation information in violence against 

24 women. 

25 (b) SCOPE.— 


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1 (1) IN GENERAL.—The study conducted under 

2 subsection (a) shall examine the role that various 

3 new technologies that use geolocation information 

4 may have in the facilitation of domestic violence, 

5 dating violence, or stalking, including, but not lim6 ited to— 

7 (A) global positioning system technology; 

8 (B) smartphone mobile applications; 

9 (C) in-car navigation devices; and 

10 (D) geo-tagging technology. 

11 (2) EVALUATION.—The study conducted under 

12 subsection (a) shall evaluate the effectiveness of the 

13 responses of Federal, State, tribal, and local law en14 forcement agencies to the conduct described in para15 graph (1). 

16 (3) RECOMMENDATIONS.—The study conducted 

17 under subsection (a) shall propose recommendations 

18 to improve the effectiveness of the responses of Fed19 eral, State, tribal, and local law enforcement agen20 cies to the conduct described in paragraph (1). 

21 (c) TASK FORCE.— 

22 (1) IN GENERAL.—The Attorney General, act23 ing through the Director of the Office on Violence 

24 Against Women, shall establish a task force to assist 

25 in the development and implementation of the study 


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1 conducted under subsection (a) and guide implemen2 tation of the recommendations proposed under sub3 section (b)(3). 

4 (2) MEMBERS.—The task force established 

5 under paragraph (1) shall include— 

6 (A) representatives from— 

7 (i) the National Institute of Standards 

8 and Technology; and 

9 (ii) the Federal Trade Commission; 

10 and 

11 (B) representatives appointed by the Di12 rector of the Office on Violence Against Women 

13 from— 

14 (i) the offices of attorney generals of 

15 States; 

16 (ii) national violence against women 

17 nonprofit organizations; and 

18 (iii) the industries related to the tech19 nologies described in subsection (b)(1). 

20 (d) REPORT.—Not later than 2 years after the date 

21 of enactment of this Act, the Attorney General shall sub22 mit to the Committee on the Judiciary of the Senate and 

23 the Committee on the Judiciary of the House of Rep24 resentatives a report that describes the results of the study 

25 conducted under subsection (a). 


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1 SEC. 7. GEOLOCATION CRIME REPORTING CENTER. 

2 (a) IN GENERAL.—The Attorney General, acting 

3 through the Director of the Federal Bureau of Investiga4 tion, and in conjunction with the Director of the Bureau 

5 of Justice Assistance, shall create a mechanism using the 

6 Internet Crime Complaint Center to register complaints 

7 of crimes the conduct of which was aided by use of 

8 geolocation information. 

9 (b) REPORT.—Not later than 18 months after the 

10 date of enactment of this Act, the Attorney General, act11 ing through the Director of the Federal Bureau of Inves12 tigation, and in conjunction with the Director of the Bu13 reau of Justice Assistance, shall submit to the Committee 

14 on the Judiciary of the Senate and the Committee on the 

15 Judiciary of the House of Representatives a report that— 

16 (1) discusses the information obtained using the 

17 mechanism created under subsection (a); 

18 (2) evaluates the potential risks that the wide19 spread availability of geolocation information poses 

20 in increasing crimes against person and property; 

21 (3) describes programs of State and municipal 

22 governments intended to reduce these risks; and 

23 (4) makes recommendations on measures that 

24 could be undertaken by Congress to reduce or elimi25 nate these risks. 


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1 SEC. 8. NATIONAL GEOLOCATION CURRICULUM DEVELOP2 MENT. 

3 The Attorney General shall develop a national edu4 cation curriculum for use by State and local law enforce5 ment agencies, judicial educators, and victim service pro6 viders to ensure that all courts, victim advocates, and 

7 State and local law enforcement personnel have access to 

8 information about relevant laws, practices, procedures, 

9 and policies for investigating and prosecuting the misuse 

10 of geolocation information. 

Æ 


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