,,ii #aacth ,,congress #b;d ,session ,s4 #baga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjad ,mr4 ,franken 7for himself1 ,mr4 ,coons1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to address voluntary location tracking of electronic communications devices1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,location ,privacy ,protection ,act of #bjad4 #b4 ,definition ,in this ,act1 the term geolocation information has the meaning given that term in section #bgac of title #ah1 ,united ,states ,code1 as added by this ,act4 #c4 ,voluntary location tracking of electronic communications devices 7a7 ,in general ,chapter #aba of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bgac4 ,voluntary location tracking of electronic communications devices 7a7 ,definitions ,in this section-- 7#a7 the term covered entity means a nongovernmental individual or entity2 7#b7 the term consent means affirmative express consent after receiving clear1 prominent1 and accurate notice that-- 7,a7 informs the individual that his or her geolocation information will be collected by the covered entity2 and 7,b7 identifies the categories of covered entities to which the geolocation information may be disclosed by the covered entity2 7,c7 provides the individual a hyperlink or comparably easily accessible means to access the information specified in subsection 7b77#d72 7#c7 the term electronic communications device means any device that-- 7,a7 enables access to1 or use of1 an electronic communications system1 electronic communication service1 remote computing service1 or geolocation information service2 and 7,b7 is commonly carried by or on the person of an individual or commonly travels with the individual1 including in or as part of a vehicle the individual drives2 7#d7 the term geolocation information-- 7,a7 means any information that-- 7i7 is not the contents of a communication2 7ii7 is in whole or in part generated by or derived from the operation or use of an electronic communications device2 and 7iii7 is sufficient to identify the street name and name of the city or town in which the device is located2 and 7,b7 does not include the ,internet protocol address or the home1 business1 or billing address of the individual1 or any component parts of such addresses2 and 7#e7 the term geolocation information service means the provision of a global positioning service or other mapping1 locational1 or directional information service4 7b7 ,collection or disclosure of geolocation information to or by nongovernmental entities 7#a7 ,in general ,except as provided in paragraph 7#b71 a covered entity may not knowingly collect or disclose to another covered entity the geolocation information from an electronic communications device without the consent of the individual that is using the electronic communications device4 7#b7 ,exceptions ,a covered entity may knowingly collect or disclose to another covered entity the geolocation information from an electronic communication device without consent if the collection or disclosure is-- 7,a7 to allow a parent or legal guardian to locate an unemancipated minor child or ward2 7,b7 to allow a court-appointed guardian to locate a legally incapacitated person2 7,c7 for the provision of fire1 medical1 public safety1 or other emergency services2 7,d7 pursuant to a court order in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means1 if the individual is-- 7i7 given reasonable notice by the person seeking the disclosure of the court proceeding relevant to the issuance of the court order2 and 7ii7 afforded the opportunity to appear and contest the claim of the person seeking the disclosure2 7,e7 requested by a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state pursuant to any lawful authority or activity1 including chapter #aai1 the ,federal ,rules of ,criminal ,procedure1 or any other provision of ,federal or ,state law1 if the covered entity uses the geolocation information collected in response to the request solely for law enforcement purposes2 7,f7 necessary for network operation by a person that is subject to section #bbb or #fca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb and #eea71 if the person uses the information solely for purposes of network operation2 7,g7 for the sole purpose of transmitting the information to a person and in a circumstance described in subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 or 7,f72 7,h7 necessary to protect the property of the covered entity or to protect the covered entity's customers or other covered entities from fraudulent1 abusive or unlawful conduct2 or 7,i7 conducted by any covered entity that is not the covered entity that initially collected the information from the electronic communications device4 ,in granting an order described in subparagraph 7,d71 the court shall impose appropriate safeguards against unauthorized disclosure4 7#c7 ,anti-stalking protections ,except for an instance in which geolocation information is being collected under the exception described in paragraph 7#b77;,e71 a covered entity that initially collects geolocation information from an electronic communications device in a manner that the covered entity has reason to believe is imperceptible to the individual using the electronic communications device shall1 in addition to obtaining consent under paragraph 7#a71 provide clear1 prominent1 and accurate notice to the individual1 not earlier than #bd hours and not later than #g days after the initial collection1 informing the individual that his or her geolocation information is being collected and providing him or her the information specified in paragraph 7#d74 7#d7 ,publication of information ,a covered entity that collects the geolocation information of more than #a1jjj electronic communications devices in a year shall maintain a publicly accessible ,internet website that includes-- 7,a7 the nature of the geolocation information that the covered entity collects from electronic communications devices2 7,b7 the purposes for which the covered entity collects1 uses1 and discloses the information2 7,c7 the specific covered entities to which the covered entity discloses geolocation information2 and 7,d7 how an individual may electronically revoke consent for the collection and disclosure of geolocation information4 7c7 ,rulemaking 7#a7 ,in general ,the ,attorney ,general shall1 in consultation with the ,federal ,trade ,commission1 issue regulations to implement the requirements of this section4 ,all regulations promulgated under this section shall be issued in accordance with section #eec of title #e4 7#b7 ,flexible rulemaking ,in promulgating regulations under this section1 the ,attorney ,general shall-- 7,a7 avoid any regulatory requirement that would create redundant notifications or requests for consent1 including in instances in which an individual has previously consented to the collection of his or her geolocation information or its disclosure to a particular category of individuals or entities2 and 7,b7 ensure that such regulations address the specific operational requirements of shared and legacy electronic communications devices4 7d7 ,civil remedies 7#a7 ,action by attorney general of the united states ,if the ,attorney ,general of the ,united ,states has reasonable cause to believe that an individual or entity is violating this section or its implementing regulations1 the ,attorney ,general may bring a civil action in an appropriate ,united ,states district court4 7#b7 ,right of action ,any individual aggrieved by any action of an individual or entity in violation of this section or its implementing regulations may bring a civil action in an appropriate ,united ,states district court4 7#c7 ,rights of attorney general 7,a7 ,notice 7i7 ,in general ,except as provided in clause 7iii71 an aggrieved person bringing a civil action under paragraph 7#b7 shall notify the ,attorney ,general in writing that the person intends to bring the action before initiating that action4 7ii7 ,contents ,a notification provided under clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the person to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#b71 the person shall notify the ,attorney ,general immediately upon instituting the civil action4 7,b7 ,intervention ,the ,attorney ,general may-- 7i7 intervene in any civil action brought by an aggrieved person under paragraph 7#b72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7,c7 ,preemptive action ,if the ,attorney ,general brings a civil action under paragraph 7#a71 a person may not1 during the pendency of such action1 bring a civil action under paragraph 7#b7 against any defendant named in the complaint of the ,attorney ,general for any violation with respect to which the ,attorney ,general instituted such action4 7#d7 ,relief 7,a7 ,in general ,in a civil action brought under this subsection1 the court may award-- 7i7 damages of not more than #e1jjj per violation per day while such a violation exists1 with a maximum of #ejj1jjj per violation2 7ii7 punitive damages in an additional amount of not more than #e1jjj per violation per day while such violation exists1 with a maximum of an additional #ejj1jjj per violation2 7iii7 reasonable attorney's fees and other litigation costs reasonably incurred2 and 7iv7 such other preliminary or equitable relief as the court determines to be appropriate4 7,b7 ,penalty limits ,notwithstanding any other provision of law1 the total amount of civil penalties that may be imposed with respect to a covered entity that violates this section or its implementing regulations shall not exceed1 for all violations resulting from the same or related acts or omissions1 #a1jjj1jjj1 unless the conduct is found to be willful or intentional4 ,if a court determines that a violation was willful or intentional and imposes an additional penalty1 the court may impose an additional penalty in accordance with subparagraph 7,a7 in an amount that does not exceed #a1jjj1jjj4 7#e7 ,period of limitations 7,a7 ,in general ,except as provided in subparagraph 7,b71 a civil action may not be brought under this subsection unless the civil action is filed not later than #b years after the later of-- 7i7 the date of the act complained of2 or 7ii7 the date of discovery of the act complained of4 7,b7 ,limitation ,in no instance may a civil action be brought under this subsection after the date that is #aj years after the date of the act complained of4 4 7e7 ,effects on other law 7#a7 ,in general ,this section shall supersede a provision of the law of a ,state or political subdivision of a ,state that requires or allows collection or disclosure of geolocation information prohibited by this section4 7#b7 ,state consumer protection laws ,nothing in this section shall be construed to preempt the law of a ,state that grants greater consumer protections relating to the collection1 receipt1 recording1 obtaining1 or disclosure of geolocation information from electronic communications devices4 7#c7 ,rights and remedies ,nothing in this section shall be construed to effect the rights and remedies of any individual under any other ,state or ,federal law4 7#d7 ,common carriers and cable services ,this section shall not apply to the activities of an individual or entity to the extent the activities are subject to section #bbb or #fca of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb and #eea74 4 7b7 ,technical and conforming amendments ,chapter #aba of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the table of sections1 by adding at the end the following3 #bgac4 ,voluntary location tracking of electronic communications devices4 2 and 7#b7 in section #bgjb7;c71 by striking ,a provider and inserting ,except as provided under section #bgac1 a provider4 7c7 ,effective date2 applicability 7#a7 ,in general ,the amendments made by this section-- 7,a7 shall take effect on the date of enactment of this ,act2 and 7,b7 except as provided in paragraph 7#b71 shall apply on and after the date that is #ahj days after the issuance of regulations under section #bgac7;c7 of title #ah1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,regulations ,section #bgac7;c7 of title #ah1 ,united ,states ,code1 as added by subsection 7a71 shall apply on the date of enactment of this ,act4 #d4 ,geolocation information used in interstate domestic violence or stalking 7a7 ,in general ,chapter #aaj;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating section #bbff as section #bbfg2 7#b7 by inserting after section #bbfe the following3 #bbff4 ,geolocation information used in interstate domestic violence or stalking 7a7 ,offenses2 unauthorized disclosure of geolocation information in aid of interstate domestic violence or stalking ,a covered entity that-- 7#a7 knowingly and willfully discloses geolocation information about an individual to another individual2 7#b7 knew that a violation of section #bbfa1 #bbfa;,a1 or #bbfb would result from the disclosure2 and 7#c7 intends to aid in a violation of section #bbfa1 #bbfa;,a1 or #bbfb as a result of the disclosure1 shall be punished as provided in subsection 7b74 7b7 ,penalties ,a covered entity that violates subsection 7a7 shall be fined under this title1 imprisoned for not more than #b years1 or both4 2 and 7#c7 in section #bbfg1 as so redesignated1 by adding at the end the following3 7#aa7 ,covered entity2 geolocation information ,the terms covered entity and geolocation information have the meanings given those terms in section #bgac4 4 7b7 ,technical and conforming amendments 7#a7 ,title #aj ,section #aefa;a7b7 of title #aj1 ,united ,states ,code1 is amended by striking section #bbff7e7 and inserting section #bbfg7e74 7#b7 ,title #ah ,title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #aac7;b77#c71 by striking section #bbff and inserting section #bbfg2 7,b7 in section #aiib7;d77#ad71 by striking section #bbff and inserting section #bbfg2 and 7,c7 in chapter #aaj;,a-- 7i7 in the table of sections1 by striking the item relating to section #bbff and inserting the following3 8#bbff4 ,geolocation information used in interstate domestic violence or stalking48#bbfg4 ,definitions402 and 7ii7 in section #bbfa7;b77#f71 by striking section #bbff of title #ah1 ,united ,states ,code1 and inserting section #bbfg4 7#c7 ,indian ,civil ,rights ,act of #aifh ,section #bjd7;a77#g7 of ,public ,law #ij-bhd 7#be ,u4,s4,c4 #acjd et seq47 7commonly known as the ,indian ,civil ,rights ,act of #aifh7 is amended by striking section #bbff and inserting section #bbfg4 7#d7 ,omnibus crime control and safe streets act of #aifh ,section #bjaa7;c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;gg-#e7;c77 is amended by striking section #bbff and inserting section #bbfg4 #e4 ,fraudulent collection of geolocation information 7a7 ,in general ,section #ajci7;h7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 includes any geolocation information service4 2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,geolocation information service ,the term geolocation information service means the provision of a global positioning service or other mapping1 locational1 or directional information service4 4 7b7 ,conforming amendments 7#a7 ,in general ,section #ajci of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by inserting or geolocation after phone2 7,b7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a71 by inserting or geolocation after phone2 and 7ii7 in paragraph 7#d71 by inserting or geolocation after phone2 7,c7 in subsection 7b7-- 7i7 in the subsection heading1 by inserting or ,geolocation after ,phone2 7ii7 in paragraph 7#a71 by inserting or geolocation after phone both places it appears2 and 7iii7 in paragraph 7#b71 by inserting or geolocation after phone2 7,d7 in subsection 7c7-- 7i7 in the subsection heading1 by inserting or ,geolocation after ,phone2 7ii7 in paragraph 7#a71 by inserting or geolocation after phone both places it appears2 and 7iii7 in paragraph 7#b71 by inserting or geolocation after phone2 and 7,e7 in subsection 7h77#a7-- 7i7 in the paragraph heading1 by inserting or geolocation after phone2 and 7ii7 in the matter preceding subparagraph 7,a71 by inserting or geolocation after phone4 7#b7 ,table of sections ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #ajci and inserting the following3 #ajci4 ,fraud and related activity in connection with obtaining confidential phone or geolocation records information of a covered entity44 7c7 ,sentencing guidelines 7#a7 ,review and amendment ,not later than #ahj days after the date of enactment of this ,act1 the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this subsection1 shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section #ajci of title #ah1 ,united ,states ,code1 as amended by this section4 7#b7 ,authorization ,the ,united ,states ,sentencing ,commission may amend the ,federal sentencing guidelines in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note7 as though the authority under that section had not expired4 #f4 ,prohibiting development and distribution of stalking apps 7a7 ,in general ,section #beab of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking electronic communication and inserting electronic communications or geolocation information2 and 7#b7 by inserting or geolocation information after or electronic communications each place it appears4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aai of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #beab and inserting the following3 #beab4 ,manufacture1 distribution1 possession1 and advertising of wire1 oral1 or electronic communications or geolocation information intercepting devices prohibited44 #g4 ,forfeiture of proceeds of stalking apps 7a7 ,in general ,section #beac of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking electronic communication and inserting electronic communications or geolocation information2 and 7#b7 by inserting 7a7 ,in ,general4-- before ,any electronic2 7#c7 in the first sentence1 by inserting 1 and any proceeds from the use or sale of such a device1 after section #beab of this chapter2 and 7#d7 by adding at the end the following3 7b7 ,anti-,stalking fund 7#a7 ,fund ,there is established in the ,treasury a fund1 to be known as the ,anti-,stalking ,fund 7referred to in this subsection as the ,fund71 to be administered by the ,attorney ,general4 7#b7 ,crediting of amounts ,notwithstanding section #ccjb of title #ca1 or any other law regarding the crediting of money received for the ,government1 there shall be deposited in the ,fund an amount equal to the value of any device and all proceeds forfeited to the ,united ,states under this section1 which shall remain available until expended4 7#c7 ,use of fund ,the ,attorney ,general may1 without further appropriation1 use amounts in the ,fund to-- 7,a7 develop and provide training to law enforcement officers1 prosecutors1 judges1 and victim service personnel throughout the ,united ,states regarding relevant ,federal1 ,state1 territorial1 or local law and promising practices1 procedures1 and policies relating to investigating and prosecuting stalking crimes2 and 7,b7 support help line and emergency response efforts for stalking crimes4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #aai of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #beac and inserting the following3 #beac4 ,confiscation of wire1 oral1 or electronic communications or geolocation information intercepting devices44 #h4 ,information gathering on the use of geolocation data in violence against women 7a7 ,national crime victimization survey ,as soon as practicable and not later than #a year after the date of enactment of this ,act1 as part of each ,national ,crime ,victimization ,survey1 the ,attorney ,general shall include questions examining the role that various new technologies that use geolocation information may have in the facilitation of domestic violence1 dating violence1 sexual assault1 or stalking1 including the use of-- 7#a7 global positioning system technology2 7#b7 smartphone mobile applications2 7#c7 in-car navigation devices2 and 7#d7 geo-tagging technology4 7b7 ,national intimate partner and sexual violence survey ,as soon as practicable and not later than #a year after the date of enactment of this ,act1 as part of each ,national ,intimate ,partner and ,sexual ,violence ,survey1 the ,director of the ,center for ,disease ,control and ,prevention shall include questions relating to the use of geolocation information as described in subsection 7a74 7c7 ,consultation ,the ,attorney ,general1 acting through the ,director of the ,office on ,violence ,against ,women and the ,director of the ,national ,institute of ,justice1 shall consult with representatives from the ,federal agencies1 offices of ,state attorneys general1 national victim advocacy organizations1 and the industries related to the technologies described in subsection 7a7 to assist in the coordination and collection of data described in subsection 7a74 #i4 ,geolocation crime information and reporting 7a7 ,implementation ,the ,attorney ,general shall direct the ,internet ,crime ,complaint ,center to provide education and awareness information to the public and law enforcement and register complaints regarding the abuse of geolocation information to commit domestic violence1 dating violence1 sexual assault1 stalking1 or other related crimes4 7b7 ,consultations ,in determining what information will be provided to the public and collected in complaints under subsection 7a71 the ,attorney ,general shall consult with nongovernmental entities that have demonstrated expertise relating to the abuse of the ,internet or geolocation information to commit stalking1 domestic violence1 dating violence1 sexual assault1 or other related crimes4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that discusses and summarizes the information collected in complaints filed under subsection 7a74 #aj4 ,national geolocation curriculum development 7a7 ,in general ,the ,attorney ,general1 through the ,director of the ,office on ,violence ,against ,women1 may make grants to entities to develop and provide training to law enforcement officers1 prosecutors1 judges1 and victim service personnel throughout the ,united ,states regarding relevant ,federal1 ,state1 territorial1 or local law and promising practices1 procedures1 and policies relating to investigating and prosecuting the misuse of geolocation information in the commission of stalking1 domestic violence1 dating violence1 sexual assault1 and other crimes4 7b7 ,application ,an eligible entity desiring a grant under this section shall submit an application to the ,attorney ,general at such time1 in such manner1 and accompanied by such information as the ,attorney ,general may reasonably require4