Location Privacy Protection Act of 2015

Bill: 114-s-2270
Sponsor: Sen. Franken, Al [D-MN]
Introduced: 2015-11-10 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Assault and harassment offenses
Civil actions and liability
Computers and information technology
Consumer affairs
Crime victims
Crimes against women
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Department of Justice
Domestic violence and child abuse
Fraud offenses and financial crimes
Geography and mapping
Government trust funds
Internet and video services
Internet, web applications, social media
Law enforcement administration and funding
Law enforcement officers
Right of privacy
Sex offenses
Telephone and wireless communication
U.S. Sentencing Commission

Summary:
action_date: 2015-11-10
text: 

Location Privacy Protection Act of 2015

 
This bill amends the federal criminal code to prohibit a covered entity (nongovernmental individual or entity) from knowingly collecting or disclosing to another covered entity geolocation information from an electronic communications device without the consent of the individual using the device. It specifies exceptions, including for collection or disclosure: (1) for the provision of emergency services, or (2) pursuant to a court order or a request by a law enforcement agency.
 
It requires a covered entity that initially collects geolocation information from such a device in a manner that it has reason to believe is imperceptible to the individual using the device, in addition to obtaining consent, to provide clear, prominent, and accurate notice to the individual that such information is being collected.
 
It requires a covered entity that collects the geolocation information of more than 1,000 electronic communications devices in a year to maintain a website that includes: (1) the nature of the information collected; (2) the purposes for which the covered entity collects, uses, and discloses the information; (3) the entities to which the collecting entity discloses geolocation information; and (4) how an individual may electronically revoke consent for the collection and disclosure of such information. 
 
The bill authorizes civil actions for violations. 
 
The bill prohibits: (1) the unauthorized disclosure of geolocation information in aid of interstate domestic violence or stalking; (2) the fraudulent collection of information obtained by a geolocation information service; and (3) the manufacture, distribution, possession, and advertising of geolocation information intercepting devices. It provides for the forfeiture of such devices. It establishes in the Treasury an Anti-Stalking Fund.
 
DOJ must include as part of each National Crime Victimization Survey, and the Centers for Disease Control and Prevention must include as part of each National Intimate Partner and Sexual Violence Survey, questions examining the role that new technologies using geolocation information may have in the facilitation of domestic violence, dating violence, sexual assault, or stalking.
 
The bill requires DOJ to direct the Internet Crime Complaint Center to provide education and awareness information and register complaints regarding the abuse of geolocation information to commit domestic violence, dating violence, sexual assault, stalking, or other related crimes. It authorizes the Office on Violence Against Women to make grants to develop and provide training relating to investigating and prosecuting the misuse of geolocation information. 


Legislative actions:
action_date: 2015-11-10
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2015-11-10
text: Introduced in Senate