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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2171 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2171

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2014

  Mr. Franken (for himself, Mr. Coons, and Ms. Warren) 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 
2014''.

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;
            ``(2) the term `consent' means affirmative express consent 
        after receiving clear, prominent, and accurate notice that--
                    ``(A) informs the individual that his or her 
                geolocation information will be collected by the 
                covered entity; and
                    ``(B) identifies the categories of covered entities 
                to which the geolocation information may be disclosed 
                by the covered entity;
                    ``(C) provides the individual a hyperlink or 
                comparably easily accessible means to access the 
                information specified in subsection (b)(4);
            ``(3) 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 commonly carried by or on the person of an 
                individual or commonly travels with the individual, 
                including in or as part of a vehicle the individual 
                drives;
            ``(4) the term `geolocation information'--
                    ``(A) means any information that--
                            ``(i) is not the contents of a 
                        communication;
                            ``(ii) is in whole or in part generated by 
                        or derived from the operation or use of an 
                        electronic communications device; and
                            ``(iii) is sufficient to identify the 
                        street name and name of the city or town in 
                        which the device is located; and
                    ``(B) does not include the Internet protocol 
                address or the home, business, or billing address of 
                the individual, or any component parts of such 
                addresses; 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 or disclose to another 
        covered entity the geolocation information from an electronic 
        communications device without the consent of the individual 
        that is using the electronic communications device.
            ``(2) Exceptions.--A covered entity may knowingly collect 
        or disclose to another covered entity the geolocation 
        information from an electronic communication device without 
        consent if the collection or disclosure is--
                    ``(A) to allow a parent or legal guardian to locate 
                an unemancipated minor child or ward;
                    ``(B) to allow a court-appointed guardian to locate 
                a legally incapacitated person;
                    ``(C) for the provision of fire, medical, public 
                safety, or other emergency services;
                    ``(D) 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 the individual is--
                            ``(i) given reasonable notice by the person 
                        seeking the disclosure of the court proceeding 
                        relevant to the issuance of the court order; 
                        and
                            ``(ii) afforded the opportunity to appear 
                        and contest the claim of the person seeking the 
                        disclosure;
                    ``(E) requested by a law enforcement agency of the 
                United States, a State, or a political subdivision of a 
                State pursuant to any lawful authority or activity, 
                including chapter 119, the Federal Rules of Criminal 
                Procedure, or any other provision of Federal or State 
                law, if the covered entity uses the geolocation 
                information collected in response to the request solely 
                for law enforcement purposes;
                    ``(F) necessary for network operation by a person 
                that is subject to section 222 or 631 of the 
                Communications Act of 1934 (47 U.S.C. 222 and 551), if 
                the person uses the information solely for purposes of 
                network operation;
                    ``(G) for the sole purpose of transmitting the 
                information to a person and in a circumstance described 
                in subparagraph (A), (B), (C), (D), (E), or (F);
                    ``(H) necessary to protect the property of the 
                covered entity or to protect the covered entity's 
                customers or other covered entities from fraudulent, 
                abusive or unlawful conduct; or
                    ``(I) conducted by any covered entity that is not 
                the covered entity that initially collected the 
                information from the electronic communications device.
        In granting an order described in subparagraph (D), the court 
        shall impose appropriate safeguards against unauthorized 
        disclosure.
            ``(3) Anti-stalking protections.--Except for an instance in 
        which geolocation information is being collected under the 
        exception described in paragraph (2)(E), a covered entity that 
        initially collects geolocation information from an electronic 
        communications device in a manner that the covered entity has 
        reason to believe is imperceptible to the individual using the 
        electronic communications device shall, in addition to 
        obtaining consent under paragraph (1), provide clear, 
        prominent, and accurate notice to the individual, not earlier 
        than 24 hours and not later than 7 days after the initial 
        collection, informing the individual that his or her 
        geolocation information is being collected and providing him or 
        her the information specified in paragraph (4).
            ``(4) Publication of information.--A covered entity that 
        collects the geolocation information of more than 1,000 
        electronic communications devices in a year shall maintain a 
        publicly accessible Internet website that includes--
                    ``(A) the nature of the geolocation information 
                that the covered entity collects from electronic 
                communications devices;
                    ``(B) the purposes for which the covered entity 
                collects, uses, and discloses the information;
                    ``(C) the specific covered entities to which the 
                covered entity discloses geolocation information; and
                    ``(D) how an individual may electronically revoke 
                consent for the collection and disclosure of 
                geolocation information.
    ``(c) Rulemaking.--
            ``(1) In general.--The Attorney General shall, in 
        consultation with the Federal Trade Commission, issue 
        regulations to implement the requirements of this section. All 
        regulations promulgated under this section shall be issued in 
        accordance with section 553 of title 5.
            ``(2) Flexible rulemaking.--In promulgating regulations 
        under this section, the Attorney General shall--
                    ``(A) avoid any regulatory requirement that would 
                create redundant notifications or requests for consent, 
                including in instances in which an individual has 
                previously consented to the collection of his or her 
                geolocation information or its disclosure to a 
                particular category of individuals or entities; and
                    ``(B) ensure that such regulations address the 
                specific operational requirements of shared and legacy 
                electronic communications devices.
    ``(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 or its implementing regulations, the Attorney General 
        may bring a civil action in an appropriate United States 
        district court.
            ``(2) Right of action.--Any individual aggrieved by any 
        action of an individual or entity in violation of this section 
        or its implementing regulations may bring a civil action in an 
        appropriate United States district court.
            ``(3) Rights of attorney general.--
                    ``(A) Notice.--
                            ``(i) In general.--Except as provided in 
                        clause (iii), an aggrieved person bringing a 
                        civil action under paragraph (2) shall notify 
                        the Attorney General in writing that the person 
                        intends to bring the action before initiating 
                        that action.
                            ``(ii) Contents.--A notification provided 
                        under clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            ``(iii) Exception.--If it is not feasible 
                        for the person to provide the notification 
                        required by clause (i) before initiating a 
                        civil action under paragraph (2), the person 
                        shall notify the Attorney General immediately 
                        upon instituting the civil action.
                    ``(B) Intervention.--The Attorney General may--
                            ``(i) intervene in any civil action brought 
                        by an aggrieved person under paragraph (2); and
                            ``(ii) upon intervening--
                                    ``(I) be heard on all matters 
                                arising in the civil action; and
                                    ``(II) file petitions for appeal of 
                                a decision in the civil action.
                    ``(C) Preemptive action.--If the Attorney General 
                brings a civil action under paragraph (1), a person may 
                not, during the pendency of such action, bring a civil 
                action under paragraph (2) against any defendant named 
                in the complaint of the Attorney General for any 
                violation with respect to which the Attorney General 
                instituted such action.
            ``(4) Relief.--
                    ``(A) In general.--In a civil action brought under 
                this subsection, the court may award--
                            ``(i) damages of not more than $5,000 per 
                        violation per day while such a violation 
                        exists, with a maximum of $500,000 per 
                        violation;
                            ``(ii) punitive damages in an additional 
                        amount of not more than $5,000 per violation 
                        per day while such violation exists, with a 
                        maximum of an additional $500,000 per 
                        violation;
                            ``(iii) reasonable attorney's fees and 
                        other litigation costs reasonably incurred; and
                            ``(iv) such other preliminary or equitable 
                        relief as the court determines to be 
                        appropriate.
                    ``(B) Penalty limits.--Notwithstanding any other 
                provision of law, the total amount of civil penalties 
                that may be imposed with respect to a covered entity 
                that violates this section or its implementing 
                regulations shall not exceed, for all violations 
                resulting from the same or related acts or omissions, 
                $1,000,000, unless the conduct is found to be willful 
                or intentional. If a court determines that a violation 
                was willful or intentional and imposes an additional 
                penalty, the court may impose an additional penalty in 
                accordance with subparagraph (A) in an amount that does 
                not exceed $1,000,000.
            ``(5) Period of limitations.--
                    ``(A) In general.--Except as provided in 
                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--
                            ``(i) the date of the act complained of; or
                            ``(ii) the date of discovery of the act 
                        complained of.
                    ``(B) Limitation.--In no instance may a civil 
                action be brought under this subsection after the date 
                that is 10 years after the date of the act complained 
                of.''.
    ``(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) 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(c), by striking ``A provider'' and 
        inserting ``Except as provided under section 2713, a 
        provider''.
    (c) Effective Date; Applicability.--
            (1) In general.--The amendments made by this section--
                    (A) shall take effect on the date of enactment of 
                this Act; and
                    (B) except as provided in paragraph (2), shall 
                apply on and after the date that is 180 days after the 
                issuance of regulations under section 2713(c) of title 
                18, United States Code, as added by subsection (a).
            (2) Regulations.--Section 2713(c) of title 18, United 
        States Code, as added by subsection (a), shall apply on 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 
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 113(b)(3), by striking ``section 
                2266'' and inserting ``section 2267'';
                    (B) in section 1992(d)(14), by striking ``section 
                2266'' and inserting ``section 2267''; and
                    (C) 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) Indian civil rights act of 1968.--Section 204(a)(7) of 
        Public Law 90-284 (25 U.S.C. 1304 et seq.) (commonly known as 
        the ``Indian Civil Rights Act of 1968'') is amended by striking 
        ``section 2266'' and inserting ``section 2267''.
            (4) 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. FRAUDULENT COLLECTION OF GEOLOCATION INFORMATION.

    (a) In General.--Section 1039(h) of title 18, United States Code, 
is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) includes any geolocation information 
                service.'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) Geolocation information service.--The term 
        `geolocation information service' means the provision of a 
        global positioning service or other mapping, locational, or 
        directional information service.''.
    (b) Conforming Amendments.--
            (1) In general.--Section 1039 of title 18, United States 
        Code, is amended--
                    (A) in the section heading, by inserting ``or 
                geolocation'' after ``phone'';
                    (B) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``or geolocation'' after 
                        ``phone''; and
                            (ii) in paragraph (4), by inserting ``or 
                        geolocation'' after ``phone'';
                    (C) in subsection (b)--
                            (i) in the subsection heading, by inserting 
                        ``or Geolocation'' after ``Phone'';
                            (ii) in paragraph (1), by inserting ``or 
                        geolocation'' after ``phone'' both places it 
                        appears; and
                            (iii) in paragraph (2), by inserting ``or 
                        geolocation'' after ``phone'';
                    (D) in subsection (c)--
                            (i) in the subsection heading, by inserting 
                        ``or Geolocation'' after ``Phone'';
                            (ii) in paragraph (1), by inserting ``or 
                        geolocation'' after ``phone'' both places it 
                        appears; and
                            (iii) in paragraph (2), by inserting ``or 
                        geolocation'' after ``phone''; and
                    (E) in subsection (h)(1)--
                            (i) in the paragraph heading, by inserting 
                        ``or geolocation'' after ``phone''; and
                            (ii) in the matter preceding subparagraph 
                        (A), by inserting ``or geolocation'' after 
                        ``phone''.
            (2) Table of sections.--The table of sections for chapter 
        47 of title 18, United States Code, is amended by striking the 
        item relating to section 1039 and inserting the following:

``1039. Fraud and related activity in connection with obtaining 
                            confidential phone or geolocation records 
                            information of a covered entity.''.
    (c) Sentencing Guidelines.--
            (1) Review and amendment.--Not later than 180 days after 
        the date of enactment of this Act, the United States Sentencing 
        Commission, pursuant to its authority under section 994 of 
        title 28, United States Code, and in accordance with this 
        subsection, shall review and, if appropriate, amend the Federal 
        sentencing guidelines and policy statements applicable to 
        persons convicted of any offense under section 1039 of title 
        18, United States Code, as amended by this section.
            (2) Authorization.--The United States Sentencing Commission 
        may amend the Federal sentencing guidelines in accordance with 
        the procedures set forth in section 21(a) of the Sentencing Act 
        of 1987 (28 U.S.C. 994 note) as though the authority under that 
        section had not expired.

SEC. 6. PROHIBITING DEVELOPMENT AND DISTRIBUTION OF STALKING APPS.

    (a) In General.--Section 2512 of title 18, United States Code, is 
amended--
            (1) in the section heading, by striking ``electronic 
        communication'' and inserting ``electronic communications or 
        geolocation information''; and
            (2) by inserting ``or geolocation information'' after ``or 
        electronic communications'' each place it appears.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 of title 18, United States Code, is amended by striking the 
item relating to section 2512 and inserting the following:

``2512. Manufacture, distribution, possession, and advertising of wire, 
                            oral, or electronic communications or 
                            geolocation information intercepting 
                            devices prohibited.''.

SEC. 7. FORFEITURE OF PROCEEDS OF STALKING APPS.

    (a) In General.--Section 2513 of title 18, United States Code, is 
amended--
            (1) in the section heading, by striking ``electronic 
        communication'' and inserting ``electronic communications or 
        geolocation information''; and
            (2) by inserting ``(a) In General.--'' before ``Any 
        electronic'';
            (3) in the first sentence, by inserting ``, and any 
        proceeds from the use or sale of such a device,'' after 
        ``section 2512 of this chapter''; and
            (4) by adding at the end the following:
    ``(b) Anti-Stalking Fund.--
            ``(1) Fund.--There is established in the Treasury a fund, 
        to be known as the `Anti-Stalking Fund' (referred to in this 
        subsection as the `Fund'), to be administered by the Attorney 
        General.
            ``(2) Crediting of amounts.--Notwithstanding section 3302 
        of title 31, or any other law regarding the crediting of money 
        received for the Government, there shall be deposited in the 
        Fund an amount equal to the value of any device and all 
        proceeds forfeited to the United States under this section, 
        which shall remain available until expended.
            ``(3) Use of fund.--The Attorney General may, without 
        further appropriation, use amounts in the Fund to--
                    ``(A) 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 
                stalking crimes; and
                    ``(B) support help line and emergency response 
                efforts for stalking crimes.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 119 of title 18, United States Code, is amended by striking the 
item relating to section 2513 and inserting the following:

``2513. Confiscation of wire, oral, or electronic communications or 
                            geolocation information intercepting 
                            devices.''.

SEC. 8. INFORMATION GATHERING ON THE USE OF GEOLOCATION DATA IN 
              VIOLENCE AGAINST WOMEN.

    (a) National Crime Victimization Survey.--As soon as practicable 
and not later than 1 year after the date of enactment of this Act, as 
part of each National Crime Victimization Survey, the Attorney General 
shall include questions examining 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 the use of--
            (1) global positioning system technology;
            (2) smartphone mobile applications;
            (3) in-car navigation devices; and
            (4) geo-tagging technology.
    (b) National Intimate Partner and Sexual Violence Survey.--As soon 
as practicable and not later than 1 year after the date of enactment of 
this Act, as part of each National Intimate Partner and Sexual Violence 
Survey, the Director of the Center for Disease Control and Prevention 
shall include questions relating to the use of geolocation information 
as described in subsection (a).
    (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 (a) to assist in the coordination 
and collection of data described in subsection (a).

SEC. 9. 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. 10. NATIONAL GEOLOCATION CURRICULUM DEVELOPMENT.

    (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.
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