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-
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
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— 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
(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’’; 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
(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) PROTECTION OF GEOLOCATION INFORMATION.— 
(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 of use as evidence of acquired geolocation information. 
‘‘2604. Emergency situation exception. 
‘‘2605. Recovery of civil damages 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 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
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 the 
provision of a global positioning service or other 
mapping, locational, or directional information serv-
ice 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. 
‘‘(6) INTERCEPT.—The term ‘intercept’ means 
the acquisition of geolocation information through 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
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 or other wireless connection to 
access such system or service, including any mobile 
telephone, global positioning system receiving device, 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
the interception of such information in violation of 
this subsection; or 
‘‘(4)(A) intentionally disclose, or endeavor to 
disclose, to any person the geolocation information 
pertaining to an individual intercepted by means au-
thorized by subsections (b) through (f), except as 
provided in such subsections; 
‘‘(B) knowing or having reason to know that 
the information was obtained through the intercep-
tion of such information in connection with a crimi-
nal investigation; 
‘‘(C) having obtained or received the informa-
tion in connection with a criminal investigation; and 
‘‘(D) with intent to improperly obstruct, im-
pede, or interfere with a duly authorized criminal in-
vestigation. 
‘‘(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.— 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(1) IN
GENERAL.—It shall not be unlawful 
under this chapter to intercept geolocation informa-
tion pertaining to an individual if such individual 
has given prior consent to such interception unless 
such information is intercepted for the purpose of 
committing any criminal or tortious act in violation 
of the Constitution or laws of the United States or 
of any State. 
‘‘(2) CHILDREN.—The exception in paragraph 
(1) permits a parent or legal guardian of a child to 
give consent to intercept geolocation information. 
‘‘(d) EXCEPTION
FOR PUBLIC INFORMATION.—It 
shall not be unlawful under this chapter to intercept or 
access geolocation information relating to an individual 
through any system that is configured so that such infor-
mation is readily accessible to the general public. 
‘‘(e) EXCEPTION FOR EMERGENCY INFORMATION.— 
It shall not be unlawful under this chapter for any inves-
tigative or law enforcement officer or other emergency re-
sponder to intercept or access geolocation information re-
lating to an individual if such information is used— 
‘‘(1) to respond to a request made by such indi-
vidual for assistance; or 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(2) in circumstances in which it is reasonable 
to believe that the life or safety of the individual is 
threatened, to assist the individual. 
‘‘(f) EXCEPTION FOR WARRANT.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COURT
OF
COMPETENT
JURISDIC-
TION.—The term ‘court of competent jurisdic-
tion’ includes— 
‘‘(i) 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 of-
fense being investigated; 
‘‘(II) is in or for a district in 
which the provider of a geolocation in-
formation service 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 
‘‘(ii) a court of general criminal juris-
diction of a State authorized by the law of 
that State to issue search warrants. 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(B) GOVERNMENTAL ENTITY.—The term 
‘governmental entity’ means a department or 
agency of the United States or any State or po-
litical subdivision thereof. 
‘‘(2) WARRANT.—A governmental entity may 
intercept geolocation information or require the dis-
closure by a provider of covered services of 
geolocation information only pursuant to a warrant 
issued using the procedures described in the Federal 
Rules of Criminal Procedure (or, in the case of a 
State court, issued using State warrant procedures) 
by a court of competent jurisdiction, or as otherwise 
provided in this chapter or the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 
‘‘(g) PROHIBITION ON DIVULGING GEOLOCATION IN-
FORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a person providing covered services shall 
not intentionally divulge to any governmental entity 
geolocation information pertaining to an individual. 
‘‘(2) EXCEPTIONS.—A person providing covered 
services may divulge geolocation information— 
‘‘(A) as otherwise authorized in subsections 
(b) through (f); 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(B) with the lawful consent of such indi-
vidual; 
‘‘(C) as permitted under section 222(d)(4) 
of the Communications Act of 1934 (47 U.S.C. 
222(d)(4)); or 
‘‘(D) which was inadvertently obtained by 
the service provider and which appears to per-
tain to the commission of a crime, if such divul-
gence is made to a law enforcement agency. 
‘‘§ 2603. Prohibition of use as evidence of acquired 
geolocation information 
‘‘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. 
‘‘§ 2604. Emergency situation exception 
‘‘(a) EMERGENCY
SITUATION
EXCEPTION.—Not-
withstanding any other provision of this chapter, any in-
vestigative or law enforcement officer, specially designated 
by the Attorney General, the Deputy Attorney General, 
VerDate Mar 15 2010 
22:38 Sep 27, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6529.IH
H6529
srobinson on DSK4SPTVN1PROD with BILLS