,i #aacth ,,congress #ast ,session ,h4 ,r4 #ihc ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjac ,ms4 ,lofgren 7for herself1 ,mr4 ,poe of ,texas1 and ,ms4 ,del,bene7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,select ,committee on ,intelligence 7,permanent ,select71 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 with respect to disclosures to governments by communications-related service providers of certain information consisting of or relating to communications1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,online ,communications and ,geolocation ,protection ,act4 #b4 ,warrant required for contents of communications 7a7 ,compelled disclosure of communication contents 7#a7 ,in general ,section #bgjc of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking in ,electronic ,storage in the subsection header2 7ii7 by inserting or remote computing service in the first sentence after electronic communication service2 7iii7 by striking that is in electronic storage in an electronic communications system for one hundred and eighty days or less1 and inserting that is stored1 held1 or maintained by that service12 and 7iv7 by striking the final sentence and inserting ,within three days after a governmental entity receives such contents from a service provider pursuant to this subsection1 the governmental entity shall serve upon1 or deliver by registered or first-class mail1 or other means reasonably calculated to be effective as specified by the court issuing the warrant to the subscriber1 customer1 or user a copy of the warrant and a notice that includes the information referenced in section #bgje7;a77#d77;,a7 and 7,b77i71 except that delayed notice may be provided pursuant to section #bgje of this title42 and 7,b7 by striking subsection 7b74 7#b7 ,conforming amendment ,section #bgjc7;d7 of title #ah1 ,united ,states ,code1 is amended by striking 7b7 or4 7b7 ,voluntary disclosure of communication contents 7#a7 ,in general ,section #bgjb7;a77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by inserting to any governmental entity the contents of communication covered by subsection 7a7 of section #bgjc or any after divulge2 7,b7 by inserting or user after customer2 and 7,c7 by striking 7not including the contents of communications covered by paragraph 7#a7 or 7#b774 7#b7 ,conforming amendments ,section #bgje of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in the subsection heading1 by striking #bgjc7;b7 and inserting #bgjc7;a72 7ii7 in subparagraph 7,a71 by striking court order each place it appears and inserting warrant2 7iii7 in subparagraph 7,a71 by striking #bgjc7;b7 and inserting #bgjc7;a72 and 7iv7 by striking subparagraph 7,b72 7,b7 by striking subsection 7a77#c72 7,c7 in subsection 7a77#d71 by striking or by certification by a governmental entity1 but only in accordance with subsection 7b7 of this section42 7,d7 in subsection 7a77#e7-- 7i7 by inserting after first-class mail1 the following3 or other means reasonably calculated to be effective as specified by the court issuing the warrant2 7ii7 by striking the process or request and replacing it with warrant2 and 7iii7 in subsection 7#e77;,a77iii71 by striking governmental entity or and certification or2 7,e7 by striking subsection 7a77#f72 and 7,f7 in subsection 7b7-- 7i7 by striking when it is not required to notify the subscriber or customer under section #bgjc7;b77#a71 or2 and 7ii7 by striking subpoena or court order each place it appears4 #c4 ,geolocation information protection 7a7 ,in general 7#a7 ,in general ,part #a of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #aai the following3 #abj ,geolocation information ,sec4 #bfja4 ,definitions4 #bfjb4 ,interception and disclosure of geolocation information4 #bfjc4 ,prohibition on disclosing geolocation information to governmental entities4 #bfjd4 ,prohibition of use of unlawfully obtained geolocation information as evidence4 #bfje4 ,recovery of civil damages and administrative discipline authorized4 #bfja4 ,definitions ,in this chapter3 7#a7 ,electronic communication service ,the term electronic communication service has the meaning given that term in section #beaj4 7#b7 ,electronic surveillance ,the term electronic surveillance has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7#c7 ,geolocation information ,the term geolocation information means1 with respect to an individual1 any information that is not the content of a communication1 concerning the location of a wireless communication device or tracking device 7as that term is defined section #caag7 that1 in whole or in part1 is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the present1 prospective1 or historical location of the individual4 7#d7 ,geolocation information service ,the term geolocation information service means a service that generates or uses geolocation information for the provision of a mapping1 locational1 or directional information service to the public1 or to such class of users as to be effectively available to the public1 by or through the operation of any wireless communication device4 7#e7 ,governmental entity ,the term governmental entity means any employee or agent of the ,united ,states1 or any ,state or political subdivision thereof4 7#f7 ,intercept ,the term intercept means the acquisition of geolocation information through the use of any electronic1 mechanical1 or other device4 7#g7 ,investigative or law enforcement officer ,the term investigative or law enforcement officer means any officer of the ,united ,states or of a ,state or political subdivision thereof1 who is empowered by law to conduct investigations of1 or to make arrests for1 offenses enumerated in this chapter1 and any attorney authorized by law to prosecute or participate in the prosecution of such offenses4 7#h7 ,remote computing service ,the term remote computing service has the meaning given that term in section #bgaa4 7#i7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any territory or possession of the ,united ,states4 7#aj7 ,wireless communication device ,the term wireless communication device means any device that enables access to1 or use of1 an electronic communication system or service1 remote computing service1 or geolocation information service1 if that device utilizes a radio signal or other wireless connection to access or use such system or service1 including any mobile telephone1 global positioning system receiving device1 mobile computer1 or other similar or successor device4 7#aa7 ,covered service ,the term covered services means electronic communication service1 remote computing service1 or geolocation information service4 #bfjb4 ,interception and disclosure of geolocation information 7a7 ,in general ,except as otherwise provided in this chapter1 it shall be unlawful for any governmental entity to-- 7#a7 intentionally intercept1 endeavor to intercept1 or direct any person to intercept or endeavor to intercept1 geolocation information pertaining to an individual2 7#b7 intentionally disclose1 or endeavor to disclose1 or direct any person to disclose or endeavor to disclose geolocation information pertaining to an individual1 knowing or having reason to know that the information was obtained in violation of this subsection2 or 7#c7 intentionally use1 or endeavor to use1 any geolocation information1 knowing or having reason to know that the information was obtained in violation of this subsection4 7b7 ,exception for conducting foreign intelligence surveillance ,notwithstanding any other provision of this chapter1 it shall not be unlawful for an officer1 employee1 or agent of the ,united ,states in the normal course of the official duty of the officer1 employee1 or agent to conduct electronic surveillance1 as authorized by the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7c7 ,exception for consent 7#a7 ,in general ,it shall not be unlawful under this chapter for a governmental entity to intercept1 use1 or disclose geolocation information pertaining to an individual if that individual has given prior consent to that governmental entity for such interception1 use or disclosure4 7#b7 ,children ,a parent or legal guardian of a child may consent on behalf of a child for the purposes of paragraph 7#a74 7d7 ,exception for public information ,it shall not be unlawful under this chapter for a governmental entity to intercept or access geolocation information pertaining to an individual through any system that is configured so that such information is readily accessible to the general public4 7e7 ,exception for emergency assistance ,it shall not be unlawful under this chapter for any investigative or law enforcement officer or other emergency responder to intercept1 access1 use1 or disclose geolocation information pertaining to an individual if such information is used-- 7#a7 to respond to a request made by such individual for assistance2 or 7#b7 to assist the individual in circumstances in which it is reasonable to believe that the life or safety of the individual is in jeopardy4 7f7 ,exception for warrant 7#a7 ,in general ,a governmental entity may intercept geolocation information or require the disclosure of geolocation information by a provider of covered services only pursuant to a warrant issued by a court of competent jurisdiction using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures71 or as otherwise provided in this chapter or the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7#b7 ,court of competent jurisdiction ,for the purposes of this subsection1 the term court of competent jurisdiction includes-- 7,a7 any district court of the ,united ,states 7including a magistrate judge of such a court7 or any ,united ,states court of appeals that-- 7i7 has jurisdiction over the offense being investigated2 7ii7 is in or for a district in which the provider of a geolocation information service is located or in which the geolocation information is stored2 or 7iii7 is acting on a request for foreign assistance pursuant to section #ceab of this title2 or 7,b7 a court of general criminal jurisdiction of a ,state authorized by the law of that ,state to issue search warrants4 7g7 ,emergency situation exception 7#a7 ,in general ,notwithstanding any other provision of this chapter1 any investigative or law enforcement officer1 specially designated by the ,attorney ,general1 the ,deputy ,attorney ,general1 the ,associate ,attorney ,general1 or by the principal prosecuting attorney of any ,state or subdivision thereof acting pursuant to a statute of that ,state1 may intercept or use geolocation information if-- 7,a7 such officer reasonably determines that an emergency situation exists that-- 7i7 involves-- 7,i7 immediate danger of death or serious physical injury to any individual2 7,,ii7 conspiratorial activities threatening the national security interest2 or 7,,iii7 conspiratorial activities characteristic of organized crime2 and 7ii7 requires geolocation information be intercepted or used before an order authorizing such interception or use can1 with due diligence1 be obtained2 7,b7 there are grounds upon which an order could be entered to authorize such interception or use2 and 7,c7 an application for an order approving such interception or use is made within #dh hours after the interception or use has occurred or begins to occur4 7#b7 ,failure to obtain court order 7,a7 ,termination of acquisition ,in the absence of an order1 an interception or use of geolocation information carried out under paragraph 7#a7 shall immediately terminate when the information sought is obtained or when the application for the order is denied1 whichever is earlier4 7,b7 ,prohibition on use as evidence ,in the event such application for approval is denied1 the geolocation information shall be treated as having been obtained in violation 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 pertains4 #bfjc4 ,prohibition on disclosing geolocation information to governmental entities 7a7 ,in general ,except as provided in subsection 7b71 a person providing covered services shall not intentionally disclose to any governmental entity geolocation information pertaining to an individual4 7b7 ,exceptions ,a person providing covered services may disclose geolocation information-- 7#a7 as otherwise authorized in subsections 7b7 through 7g7 of section #bfjb2 7#b7 with the lawful consent of-- 7,a7 the individual to whom the geolocation information pertains2 or 7,b7 the parent or guardian of a child to whom the geolocation information pertains2 7#c7 as permitted under section #bbb7;d77#d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7;d77#d772 or 7#d7 which was inadvertently obtained by the service provider and which appears to pertain to the commission of a crime1 if such disclosure is made to a law enforcement agency4 #bfjd4 ,prohibition of use of unlawfully obtained geolocation information as evidence ,if any geolocation information has been intercepted1 used1 or disclosed in violation of this chapter1 no part of such information and no evidence derived therefrom may be received in evidence in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof1 except in a civil action to obtain relief for a violation of this chapter4 #bfje4 ,recovery of civil damages and administrative discipline authorized 7a7 ,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 person1 other than the ,united ,states1 which engaged in that violation4 7b7 ,relief ,in an action under this section1 appropriate relief includes-- 7#a7 such preliminary and other equitable or declaratory relief as the court may deem appropriate2 7#b7 damages under subsection 7c7 and punitive damages as the court may deem appropriate2 and 7#c7 a reasonable attorney's fee and other litigation costs reasonably incurred4 7c7 ,computation of damages ,the court may assess as damages under this section whichever is the greater of-- 7#a7 the sum of the actual damages suffered by the plaintiff2 or 7#b7 statutory damages of whichever is the greater of #ajj a day for each day of violation or #aj1jjj4 7d7 ,defense ,it is a defense against any civil action to obtain relief for a violation of this chapter that the defendant acted in a good faith reliance on-- 7#a7 a warrant or court order1 grand jury subpoena1 legislative authorization1 or statutory authorization2 or 7#b7 a reasonable determination that an exception under section #bfjb permitted the conduct complained of4 7e7 ,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 opportunity to discover the violation4 7f7 ,administrative discipline ,if a court or appropriate department or agency determines that the ,united ,states or any of its departments or agencies has violated any provision of this chapter1 and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the ,united ,states acted willfully or intentionally with respect to the violation1 the department or agency shall1 upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted4 ,if the head of the department or agency involved determines that disciplinary action is not warranted1 such head shall notify the ,inspector ,general with jurisdiction over the department or agency concerned and shall provide the ,inspector ,general with the reasons for such determination4 4 7#b7 ,clerical amendment ,the table of chapters for part #a of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #aai the following3 #abj4 ,geolocation information#bfja 4 7#c7 ,conforming amendments ,section #ceab7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively2 and 7ii7 by inserting after subparagraph 7,a7 the following3 7,b7 a warrant or order for geolocation information or records related thereto1 as provided under section #bfjb of this title2 4 7b7 ,requirement for search warrants ,to obtain geolocation information ,rule #da7;a7 of the ,federal ,rules of ,criminal ,procedure is amended-- 7#a7 in paragraph 7#b77;,a71 by striking the period at the end and inserting a comma and including geolocation information42 and 7#b7 by adding at the end the following3 7,f7 ,geolocation information has the meaning given that term in section #bfja of title #ah1 ,united ,states ,code4 4 7c7 ,statement of exclusive means of obtaining geolocation information 7#a7 ,in general ,no person may obtain the geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued pursuant to rule #da of the ,federal ,rules of ,criminal ,procedure1 as amended by subsection 7b71 or the amendments made by this section1 or the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7#b7 ,geolocation information defined ,in this subsection1 the term geolocation information has the meaning given that term in section #bfja of title #ah1 ,united ,states ,code1 as amended by subsection 7a74