Kelsey Smith Act

To amend the Communications Act of 1934 to require a provider of a commercial mobile service or an IP-enabled voice service to provide call location information concerning the user of such a service to law enforcement agencies in order to respond to a call for emergency services or in an emergency situation that involves risk of death or serious physical harm. 1. Short title This Act may be cited as the Kelsey Smith Act 2. Required emergency disclosure of call location information (a) In general Title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. 222A. Required emergency disclosure of call location information (a) In general Notwithstanding section 222, at the request of an investigative or law enforcement officer in accordance with this section, a provider of a covered service shall provide call location information concerning the telecommunications device of a user of such service to such officer. (b) Form of request A request to a provider of a covered service by an investigative or law enforcement officer for call location information under subsection (a) shall be accompanied by a sworn written statement from such officer stating facts that support such officer’s probable cause to believe that disclosure without delay is required— (1) by an emergency involving risk of death or serious physical injury; or (2) in order to respond to the user’s call for emergency services. (c) Hold harmless No cause of action shall lie in any court nor shall any civil or administrative proceeding be commenced by a governmental entity against any telecommunications carrier, or its directors, officers, employees, agents, or vendors, for providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) and any regulations promulgated under this section. (d) Court order Not later than 48 hours after an investigative or law enforcement officer makes a request for call location information under subsection (a), the law enforcement agency of such officer shall request a court order stating whether such officer had probable cause to believe that the conditions described in subsection (b)(1) or subsection (b)(2) existed at the time of the request under subsection (a). (e) Definitions In this section: (1) Covered service The term covered service (A) a commercial mobile service (as defined in section 332); or (B) an IP-enabled voice service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b (2) Emergency services The term emergency services (3) Investigative or law enforcement officer The term investigative or law enforcement officer section 2510 . (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall, after public notice and comment, adopt regulations to implement section 222A(a) of the Communications Act of 1934, as added by subsection (a). Amend the title so as to read: A bill to amend the Communications Act of 1934 to require providers of a covered service to provide call location information concerning the telecommunications device of a user of such service to an investigative or law enforcement officer in an emergency situation involving risk of death or serious physical injury or in order to respond to the user’s call for emergency services. January 2, 2015 Reported with amendments and referred to the Committee on the Judiciary January 2, 2015 The Committee on the Judiciary

Summary: Kelsey Smith Act - Amends the Communications Act of 1934 to require a provider of a commercial mobile service or an IP-enabled voice service to furnish call location information concerning the telecommunications device of a user of such service at the request of an investigative or law enforcement officer. Requires such a request to be accompanied by a sworn written statement from such officer stating facts that support that officer's probable cause to believe that disclosure without delay is required: (1) by an emergency involving risk of death or serious physical injury, or (2) in order to respond to the user's call for emergency services. Requires the law enforcement agency of such officer, within 48 hours after the officer makes such a request, to request a court order stating whether such officer had probable cause to believe that such conditions existed at the time of the request. Shields a telecommunications carrier from any cause of action in any court or any civil or administrative proceeding commenced by a governmental entity for providing call location information in good faith in accordance with this Act.