I 
113TH CONGRESS 
1ST SESSION 
H. R. 983 
To amend title 18, United States Code, with respect to disclosures to govern-
ments by communications-related service providers of certain information 
consisting of or relating to communications, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2013 
Ms. LOFGREN (for herself, Mr. POE of Texas, and Ms. DELBENE) introduced 
the following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Select Committee on Intelligence (Permanent Se-
lect), for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To amend title 18, United States Code, with respect to 
disclosures to governments by communications-related 
service providers of certain information consisting of or 
relating to communications, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Online Communica-
tions and Geolocation Protection Act’’. 
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SEC. 2. WARRANT REQUIRED FOR CONTENTS OF COMMU-
NICATIONS. 
(a) COMPELLED DISCLOSURE OF COMMUNICATION 
CONTENTS.— 
(1) IN
GENERAL.—Section 2703 of title 18, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘IN
ELECTRONIC 
STORAGE’’ in the subsection header; 
(ii) by inserting ‘‘or remote computing 
service’’ in the first sentence after ‘‘elec-
tronic communication service’’; 
(iii) by striking ‘‘that is in electronic 
storage in an electronic communications 
system for one hundred and eighty days or 
less,’’ and inserting ‘‘that is stored, held, 
or maintained by that service,’’; and 
(iv) by striking the final sentence and 
inserting ‘‘Within three days after a gov-
ernmental entity receives such contents 
from a service provider pursuant to this 
subsection, the governmental entity shall 
serve upon, or deliver by registered or 
first-class mail, or other means reasonably 
calculated to be effective as specified by 
the court issuing the warrant to the sub-
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scriber, customer, or user a copy of the 
warrant and a notice that includes the in-
formation 
referenced 
in 
section 
2705(a)(4)(A) and (B)(i), except that de-
layed notice may be provided pursuant to 
section 2705 of this title.’’; and 
(B) by striking subsection (b). 
(2) 
CONFORMING
AMENDMENT.—Section 
2703(d) of title 18, United States Code, is amended 
by striking ‘‘(b) or’’. 
(b) VOLUNTARY DISCLOSURE OF COMMUNICATION 
CONTENTS.— 
(1) IN GENERAL.—Section 2702(a)(3) of title 
18, United States Code, is amended— 
(A) by inserting ‘‘to any governmental en-
tity the contents of communication covered by 
subsection (a) of section 2703 or any’’ after 
‘‘divulge’’; 
(B) by inserting ‘‘or user’’ after ‘‘cus-
tomer’’; and 
(C) by striking ‘‘(not including the con-
tents of communications covered by paragraph 
(1) or (2))’’. 
(2) CONFORMING AMENDMENTS.—Section 2705 
of title 18, United States Code, is amended— 
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(A) in subsection (a)(1)— 
(i) in the subsection heading, by strik-
ing ‘‘2703(b)’’ and inserting ‘‘2703(a)’’; 
(ii) in subparagraph (A), by striking 
‘‘court order’’ each place it appears and in-
serting ‘‘warrant’’; 
(iii) in subparagraph (A), by striking 
‘‘2703(b)’’ and inserting ‘‘2703(a)’’; and 
(iv) by striking subparagraph (B); 
(B) by striking subsection (a)(3); 
(C) in subsection (a)(4), by striking ‘‘or by 
certification by a governmental entity, but only 
in accordance with subsection (b) of this sec-
tion.’’; 
(D) in subsection (a)(5)— 
(i) by inserting after ‘‘first-class 
mail,’’ the following: ‘‘or other means rea-
sonably calculated to be effective as speci-
fied by the court issuing the warrant’’; 
(ii) by striking ‘‘the process or re-
quest’’ and replacing it with ‘‘warrant’’; 
and 
(iii) in subsection (5)(A)(iii), by strik-
ing ‘‘governmental entity or’’ and ‘‘certifi-
cation or’’; 
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(E) by striking subsection (a)(6); and 
(F) in subsection (b)— 
(i) by striking ‘‘when it is not re-
quired to notify the subscriber or customer 
under section 2703(b)(1), or’’; and 
(ii) by striking ‘‘subpoena or court 
order’’ each place it appears. 
SEC. 3. GEOLOCATION INFORMATION PROTECTION. 
(a) IN GENERAL.— 
(1) IN GENERAL.—Part 1 of title 18, United 
States Code, is amended by inserting after chapter 
119 the following: 
‘‘CHAPTER 120—GEOLOCATION 
INFORMATION 
‘‘Sec. 
‘‘2601. Definitions. 
‘‘2602. Interception and disclosure of geolocation information. 
‘‘2603. Prohibition on disclosing geolocation information to governmental enti-
ties. 
‘‘2604. Prohibition of use of unlawfully obtained geolocation information as evi-
dence. 
‘‘2605. Recovery of civil damages and administrative discipline authorized. 
‘‘§ 2601. Definitions 
‘‘In this chapter: 
‘‘(1) ELECTRONIC COMMUNICATION SERVICE.— 
The term ‘electronic communication service’ has the 
meaning given that term in section 2510. 
‘‘(2) ELECTRONIC
SURVEILLANCE.—The term 
‘electronic surveillance’ has the meaning given that 
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term in section 101 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801). 
‘‘(3) GEOLOCATION INFORMATION.—The term 
‘geolocation information’ means, with respect to an 
individual, any information that is not the content of 
a communication, concerning the location of a wire-
less communication device or tracking device (as 
that term is defined section 3117) that, in whole or 
in part, is generated by or derived from the oper-
ation of that device and that could be used to deter-
mine or infer information regarding the present, 
prospective, or historical location of the individual. 
‘‘(4) GEOLOCATION
INFORMATION
SERVICE.— 
The term ‘geolocation information service’ means a 
service that generates or uses geolocation informa-
tion for the provision of a mapping, locational, or di-
rectional information service to the public, or to such 
class of users as to be effectively available to the 
public, by or through the operation of any wireless 
communication device. 
‘‘(5) GOVERNMENTAL ENTITY.—The term ‘gov-
ernmental entity’ means any employee or agent of 
the United States, or any State or political subdivi-
sion thereof. 
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‘‘(6) INTERCEPT.—The term ‘intercept’ means 
the acquisition of geolocation information through 
the use of any electronic, mechanical, or other de-
vice. 
‘‘(7) INVESTIGATIVE
OR
LAW
ENFORCEMENT 
OFFICER.—The term ‘investigative or law enforce-
ment officer’ means any officer of the United States 
or of a State or political subdivision thereof, who is 
empowered by law to conduct investigations of, or to 
make arrests for, offenses enumerated in this chap-
ter, and any attorney authorized by law to prosecute 
or participate in the prosecution of such offenses. 
‘‘(8) REMOTE COMPUTING SERVICE.—The term 
‘remote computing service’ has the meaning given 
that term in section 2711. 
‘‘(9) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, and any territory 
or possession of the United States. 
‘‘(10) WIRELESS
COMMUNICATION
DEVICE.— 
The term ‘wireless communication device’ means any 
device that enables access to, or use of, an electronic 
communication system or service, remote computing 
service, or geolocation information service, if that de-
vice utilizes a radio signal or other wireless connec-
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tion to access or use such system or service, includ-
ing any mobile telephone, global positioning system 
receiving device, mobile computer, or other similar 
or successor device. 
‘‘(11) COVERED SERVICE.—The term ‘covered 
services’ means electronic communication service, re-
mote computing service, or geolocation information 
service. 
‘‘§ 2602. Interception and disclosure of geolocation in-
formation 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this chapter, it shall be unlawful for any governmental en-
tity to— 
‘‘(1) intentionally intercept, endeavor to inter-
cept, or direct any person to intercept or endeavor 
to intercept, geolocation information pertaining to 
an individual; 
‘‘(2) intentionally disclose, or endeavor to dis-
close, or direct any person to disclose or endeavor to 
disclose geolocation information pertaining to an in-
dividual, knowing or having reason to know that the 
information was obtained in violation of this sub-
section; or 
‘‘(3) intentionally use, or endeavor to use, any 
geolocation information, knowing or having reason 
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to know that the information was obtained in viola-
tion of this subsection. 
‘‘(b) EXCEPTION FOR CONDUCTING FOREIGN INTEL-
LIGENCE SURVEILLANCE.—Notwithstanding any other 
provision of this chapter, it shall not be unlawful for an 
officer, employee, or agent of the United States in the nor-
mal course of the official duty of the officer, employee, 
or agent to conduct electronic surveillance, as authorized 
by the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.). 
‘‘(c) EXCEPTION FOR CONSENT.— 
‘‘(1) IN
GENERAL.—It shall not be unlawful 
under this chapter for a governmental entity to 
intercept, use, or disclose geolocation information 
pertaining to an individual if that individual has 
given prior consent to that governmental entity for 
such interception, use or disclosure. 
‘‘(2) CHILDREN.—A parent or legal guardian of 
a child may consent on behalf of a child for the pur-
poses of paragraph (1). 
‘‘(d) EXCEPTION
FOR PUBLIC INFORMATION.—It 
shall not be unlawful under this chapter for a govern-
mental entity to intercept or access geolocation informa-
tion pertaining to an individual through any system that 
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is configured so that such information is readily accessible 
to the general public. 
‘‘(e) EXCEPTION FOR EMERGENCY ASSISTANCE.—It 
shall not be unlawful under this chapter for any investiga-
tive or law enforcement officer or other emergency re-
sponder to intercept, access, use, or disclose geolocation 
information pertaining to an individual if such information 
is used— 
‘‘(1) to respond to a request made by such indi-
vidual for assistance; or 
‘‘(2) to assist the individual in circumstances in 
which it is reasonable to believe that the life or safe-
ty of the individual is in jeopardy. 
‘‘(f) EXCEPTION FOR WARRANT.— 
‘‘(1) IN GENERAL.—A governmental entity may 
intercept geolocation information or require the dis-
closure of geolocation information by a provider of 
covered services only pursuant to a warrant issued 
by a court of competent jurisdiction using the proce-
dures described in the Federal Rules of Criminal 
Procedure (or, in the case of a State court, issued 
using State warrant procedures), or as otherwise 
provided in this chapter or the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 
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‘‘(2) COURT OF COMPETENT JURISDICTION.— 
For the purposes of this subsection, the term ‘court 
of competent jurisdiction’ includes— 
‘‘(A) any district court of the United 
States (including a magistrate judge of such a 
court) or any United States court of appeals 
that— 
‘‘(i) has jurisdiction over the offense 
being investigated; 
‘‘(ii) is in or for a district in which the 
provider of a geolocation information serv-
ice is located or in which the geolocation 
information is stored; or 
‘‘(iii) is acting on a request for foreign 
assistance pursuant to section 3512 of this 
title; or 
‘‘(B) a court of general criminal jurisdic-
tion of a State authorized by the law of that 
State to issue search warrants. 
‘‘(g) EMERGENCY SITUATION EXCEPTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this chapter, any investigative or law en-
forcement officer, specially designated by the Attor-
ney General, the Deputy Attorney General, the Asso-
ciate Attorney General, or by the principal pros-
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ecuting attorney of any State or subdivision thereof 
acting pursuant to a statute of that State, may 
intercept or use geolocation information if— 
‘‘(A) such officer reasonably determines 
that an emergency situation exists that— 
‘‘(i) involves— 
‘‘(I) immediate danger of death 
or serious physical injury to any indi-
vidual; 
‘‘(II) 
conspiratorial 
activities 
threatening the national security in-
terest; or 
‘‘(III) 
conspiratorial 
activities 
characteristic of organized crime; and 
‘‘(ii) requires geolocation information 
be intercepted or used before an order au-
thorizing such interception or use can, with 
due diligence, be obtained; 
‘‘(B) there are grounds upon which an 
order could be entered to authorize such inter-
ception or use; and 
‘‘(C) an application for an order approving 
such interception or use is made within 48 
hours after the interception or use has occurred 
or begins to occur. 
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‘‘(2) FAILURE TO OBTAIN COURT ORDER.— 
‘‘(A) TERMINATION OF ACQUISITION.—In 
the absence of an order, an interception or use 
of geolocation information carried out under 
paragraph (1) shall immediately terminate 
when the information sought is obtained or 
when the application for the order is denied, 
whichever is earlier. 
‘‘(B) PROHIBITION
ON
USE
AS
EVI-
DENCE.—In the event such application for ap-
proval is denied, the geolocation information 
shall be treated as having been obtained in vio-
lation of this chapter and an inventory shall be 
served on each individual who is reasonably able 
to be contacted and to whom any such 
geolocation information pertains. 
‘‘§ 2603. Prohibition on disclosing geolocation infor-
mation to governmental entities 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), a person providing covered services shall not inten-
tionally disclose to any governmental entity geolocation in-
formation pertaining to an individual. 
‘‘(b) EXCEPTIONS.—A person providing covered serv-
ices may disclose geolocation information— 
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‘‘(1) as otherwise authorized in subsections (b) 
through (g) of section 2602; 
‘‘(2) with the lawful consent of— 
‘‘(A) 
the 
individual 
to 
whom 
the 
geolocation information pertains; or 
‘‘(B) the parent or guardian of a child to 
whom the geolocation information pertains; 
‘‘(3) as permitted under section 222(d)(4) of 
the Communications Act of 1934 (47 U.S.C. 
222(d)(4)); or 
‘‘(4) which was inadvertently obtained by the 
service provider and which appears to pertain to the 
commission of a crime, if such disclosure is made to 
a law enforcement agency. 
‘‘§ 2604. Prohibition of use of unlawfully obtained 
geolocation information as evidence 
‘‘If any geolocation information has been intercepted, 
used, or disclosed in violation of this chapter, no part of 
such information and no evidence derived therefrom may 
be received in evidence in any trial, hearing, or other pro-
ceeding in or before any court, grand jury, department, 
officer, agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or a political 
subdivision thereof, except in a civil action to obtain relief 
for a violation of this chapter. 
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‘‘§ 2605. Recovery of civil damages and administra-
tive discipline authorized 
‘‘(a) IN GENERAL.—Any individual whose geolocation 
information is intentionally disclosed or used in violation 
of this chapter may in a civil action recover such relief 
as may be appropriate from the person, other than the 
United States, which engaged in that violation. 
‘‘(b) RELIEF.—In an action under this section, ap-
propriate relief includes— 
‘‘(1) such preliminary and other equitable or 
declaratory relief as the court may deem appro-
priate; 
‘‘(2) damages under subsection (c) and punitive 
damages as the court may deem appropriate; and 
‘‘(3) a reasonable attorney’s fee and other liti-
gation costs reasonably incurred. 
‘‘(c) COMPUTATION OF DAMAGES.—The court may 
assess as damages under this section whichever is the 
greater of— 
‘‘(1) the sum of the actual damages suffered by 
the plaintiff; or 
‘‘(2) statutory damages of whichever is the 
greater of $100 a day for each day of violation or 
$10,000. 
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‘‘(d) DEFENSE.—It is a defense against any civil ac-
tion to obtain relief for a violation of this chapter that 
the defendant acted in a good faith reliance on— 
‘‘(1) a warrant or court order, grand jury sub-
poena, legislative authorization, or statutory author-
ization; or 
‘‘(2) a reasonable determination that an excep-
tion under section 2602 permitted the conduct com-
plained of. 
‘‘(e) LIMITATION.—A civil action under this section 
may not be commenced later than two years after the date 
upon which the claimant first has a reasonable oppor-
tunity to discover the violation. 
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or ap-
propriate department or agency determines that the 
United States or any of its departments or agencies has 
violated any provision of this chapter, and the court or 
appropriate department or agency finds that the cir-
cumstances surrounding the violation raise serious ques-
tions about whether or not an officer or employee of the 
United States acted willfully or intentionally with respect 
to the violation, the department or agency shall, upon re-
ceipt of a true and correct copy of the decision and find-
ings of the court or appropriate department or agency 
promptly initiate a proceeding to determine whether dis-
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