I 
112TH CONGRESS 
1ST SESSION H. R. 2168 
To amend title 18, United States Code, to specify the circumstances in 
which a person may acquire geolocation information and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2011 
Mr. CHAFFETZ (for himself and Mr. GOODLATTE) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Select Committee on Intelligence (Permanent Select), 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 com-
mittee concerned 
A BILL 
To amend title 18, United States Code, to specify the cir-
cumstances in which a person may acquire geolocation 
information 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 TITLES. 
This Act may be cited as the ‘‘Geolocational Privacy 
and Surveillance Act’’ or the ‘‘GPS Act’’. 
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SEC. 2. PROTECTION OF GEOLOCATION INFORMATION. 
(a) IN GENERAL.—Part 1 of title 18, United States 
Code, is amended by inserting after chapter 119 the fol-
lowing: 
‘‘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 
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 a 
person, any information that is not the content of a 
communication, concerning the location of a wireless 
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 operation 
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‘‘(7) PERSON.—The term ‘person’ means any 
employee or agent of the United States, or any State 
or political subdivision thereof, and any individual, 
partnership, association, joint stock company, trust, 
or corporation. 
‘‘(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. 
‘‘(11) COVERED SERVICE.—The term ‘covered 
services’ means electronic communication service, re-
mote computing service, or of geolocation informa-
tion service. 
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‘‘§ 2602. Interception and disclosure of geolocation in-
formation 
‘‘(a) IN GENERAL.— 
‘‘(1) PROHIBITION ON DISCLOSURE OR USE.— 
Except as otherwise specifically provided in this 
chapter, it shall be unlawful for any person to— 
‘‘(A) intentionally intercept, endeavor to 
intercept, or procure any other person to inter-
cept or endeavor to intercept, geolocation infor-
mation pertaining to another person; 
‘‘(B) intentionally disclose, or endeavor to 
disclose, to any other person geolocation infor-
mation pertaining to another person, knowing 
or having reason to know that the information 
was obtained through the interception of such 
information in violation of this paragraph; 
‘‘(C) intentionally use, or endeavor to use, 
any geolocation information, knowing or having 
reason to know that the information was ob-
tained through the interception of such infor-
mation in violation of this paragraph; or 
‘‘(D)(i) intentionally disclose, or endeavor 
to disclose, to any other person the geolocation 
information pertaining to another person inter-
cepted by means authorized by subsections (b) 
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through (h), except as provided in such sub-
sections; 
‘‘(ii) knowing or having reason to know 
that the information was obtained through the 
interception of such information in connection 
with a criminal investigation; 
‘‘(iii) having obtained or received the infor-
mation in connection with a criminal investiga-
tion; and 
‘‘(iv) with intent to improperly obstruct, 
impede, or interfere with a duly authorized 
criminal investigation. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under this title, imprisoned 
not more than five years, or both. 
‘‘(b) EXCEPTION FOR INFORMATION ACQUIRED IN 
THE NORMAL COURSE OF BUSINESS.—It shall not be un-
lawful under this chapter for an officer, employee, or agent 
of a provider of covered services, whose facilities are used 
in the transmission of geolocation information, to inter-
cept, disclose, or use that information in the normal course 
of the officer, employee, or agent’s employment while en-
gaged in any activity which is a necessary incident to the 
rendition of service or to the protection of the rights or 
property of the provider of that service, except that a pro-
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vider of a geolocation information service to the public 
shall not utilize service observing or random monitoring 
except for mechanical or service quality control checks. 
‘‘(c) 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.). 
‘‘(d) EXCEPTION FOR CONSENT.— 
‘‘(1) IN
GENERAL.—It shall not be unlawful 
under this chapter for a person to intercept 
geolocation information pertaining to another person 
if such other person 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 
intercept geolocation information pertaining to that 
child or to give consent for another person to inter-
cept such information. 
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‘‘(e) EXCEPTION
FOR PUBLIC INFORMATION.—It 
shall not be unlawful under this chapter for any person 
to intercept or access geolocation information relating to 
another person through any system that is configured so 
that such information is readily accessible to the general 
public. 
‘‘(f) 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 a person if such information is used— 
‘‘(1) to respond to a request made by such per-
son for assistance; or 
‘‘(2) in circumstances in which it is reasonable 
to believe that the life or safety of the person is 
threatened, to assist the person. 
‘‘(g) EXCEPTION FOR THEFT OR FRAUD.—It shall 
not be unlawful under this chapter for a person acting 
under color of law to intercept geolocation information 
pertaining to the location of another person who has un-
lawfully taken the device sending the geolocation informa-
tion if— 
‘‘(1) the owner or operator of such device au-
thorizes the interception of the person’s geolocation 
information; 
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‘‘(2) the person acting under color of law is 
lawfully engaged in an investigation; and 
‘‘(3) the person acting under color of law has 
reasonable grounds to believe that the geolocation 
information of the other person will be relevant to 
the investigation. 
‘‘(h) 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 
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‘‘(ii) a court of general criminal juris-
diction of a State authorized by the law of 
that State to issue search warrants. 
‘‘(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.). 
‘‘(i) 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 geolocation information per-
taining to another person. 
‘‘(2) EXCEPTIONS.—A person providing covered 
services may divulge geolocation information— 
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‘‘(A) as otherwise authorized in subsections 
(b) through (h); 
‘‘(B) with the lawful consent of such other 
person; 
‘‘(C) to another person employed or au-
thorized, or whose facilities are used, to forward 
such geolocation information to its destination; 
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 
‘‘Whenever any geolocation information has been ac-
quired, no part of such information and no evidence de-
rived therefrom may be received in evidence in any trial, 
hearing, or other proceeding in or before any court, grand 
jury, department, officer, agency, regulatory body, legisla-
tive committee, or other authority of the United States, 
a State, or a political subdivision thereof if the disclosure 
of that information would be in violation of this chapter. 
‘‘§ 2604. Emergency situation exception 
‘‘(a) EMERGENCY
SITUATION
EXCEPTION.—Not-
withstanding any other provision of this chapter, any in-
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vestigative or law enforcement officer, specially designated 
by the Attorney General, the Deputy Attorney General, 
the Associate Attorney General, or by the principal pros-
ecuting attorney of any State or subdivision thereof acting 
pursuant to a statute of that State, may intercept 
geolocation information if— 
‘‘(1) such officer reasonably determines that an 
emergency situation exists that— 
‘‘(A) involves— 
‘‘(i) immediate danger of death or se-
rious physical injury to any person; 
‘‘(ii) conspiratorial activities threat-
ening the national security interest; or 
‘‘(iii) conspiratorial activities char-
acteristic of organized crime; and 
‘‘(B) requires geolocation information be 
intercepted before an order authorizing such 
interception can, with due diligence, be ob-
tained; 
‘‘(2) there are grounds upon which an order 
could be entered to authorize such interception; and 
‘‘(3) an application for an order approving such 
interception is made within 48 hours after the inter-
ception has occurred or begins to occur. 
‘‘(b) FAILURE TO OBTAIN COURT ORDER.— 
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‘‘(1) TERMINATION
OF
ACQUISITION.—In the 
absence of an order, an interception of geolocation 
information carried out under subsection (a) shall 
immediately terminate when the information sought 
is obtained or when the application for the order is 
denied, whichever is earlier. 
‘‘(2) PROHIBITION ON USE AS EVIDENCE.—In 
the event such application for approval is denied, the 
geolocation information shall be treated as having 
been obtained in violation of this chapter and an in-
ventory shall be served on the person named in the 
application. 
‘‘§ 2605. Recovery of civil damages authorized 
‘‘(a) IN GENERAL.—Any person whose geolocation 
information is intercepted, disclosed, or intentionally used 
in violation of this chapter may in a civil action recover 
from the person, other than the United States, which en-
gaged in that violation such relief as may be appropriate. 
‘‘(b) RELIEF.—In an action under this section, ap-
propriate relief includes— 
‘‘(1) such preliminary and other equitable or 
declaratory relief as may be appropriate; 
‘‘(2) damages under subsection (c) and punitive 
damages in appropriate cases; and 
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‘‘(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 and any profits made by the violator as 
a result of the violation; or 
‘‘(2) statutory damages of whichever is the 
greater of $100 a day for each day of violation or 
$10,000. 
‘‘(d) DEFENSE.—It is a complete defense against any 
civil or criminal action brought against an individual for 
conduct in violation of this chapter if such individual acted 
in a good faith reliance on— 
‘‘(1) a court warrant or order, a grand jury 
subpoena, a legislative authorization, or a statutory 
authorization; 
‘‘(2) a request of an investigative or law en-
forcement officer under section 2604; or 
‘‘(3) a good-faith 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 
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