,,ii #aacth ,,congress #ast ,session ,s4 #fci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjac ,mr4 ,wyden 7for himself and ,mr4 ,kirk7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to specify the circumstances in which a person may acquire geolocation information and for other purposes4 #a4 ,short titles ,this ,act may be cited as the ,geolocational ,privacy and ,surveillance ,act or the ,,gps ,act4 #b4 ,protection of geolocation information 7a7 ,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 of use as evidence of acquired geolocation information4 #bfjd4 ,emergency situation exception4 #bfje4 ,recovery of civil damages authorized4 #bfja4 ,definitions ,in this chapter3 7#a7 ,covered service ,the term covered service means an electronic communication service1 a geolocation information service1 or a remote computing service4 7#b7 ,electronic communication service ,the term electronic communication service has the meaning given that term in section #beaj4 7#c7 ,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#d7 ,geolocation information ,the term geolocation information means1 with respect to a person1 any information1 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 location of the person4 7#e7 ,geolocation information service ,the term geolocation information service means the provision of a global positioning service or other 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 device1 including any mobile telephone1 global positioning system receiving device1 mobile computer1 or other similar or successor device4 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 ,person ,the term person means any employee or agent of the ,united ,states1 or any ,state or political subdivision thereof1 and any individual1 partnership1 association1 joint stock company1 trust1 or corporation4 7#i7 ,remote computing service ,the term remote computing service has the meaning given that term in section #bgaa4 7#aj7 ,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#aa7 ,wireless communication device ,the term wireless communication device means any device that enables access to1 or use of1 an electronic communication system or service or a covered service1 if that device utilizes a radio or other wireless connection to access such system or service4 #bfjb4 ,interception and disclosure of geolocation information 7a7 ,in general 7#a7 ,prohibition on disclosure or use ,except as otherwise specifically provided in this chapter1 it shall be unlawful for any person to-- 7,a7 intentionally intercept1 endeavor to intercept1 or procure any other person to intercept or endeavor to intercept1 geolocation information pertaining to another person2 7,b7 intentionally disclose1 or endeavor to disclose1 to any other person geolocation information pertaining to another person1 knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph2 7,c7 intentionally use1 or endeavor to use1 any geolocation information1 knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph2 or 7,d7 7i7 intentionally disclose1 or endeavor to disclose1 to any other person the geolocation information pertaining to another person intercepted by means authorized by subsections 7b7 through 7h71 except as provided in such subsections2 7ii7 knowing or having reason to know that the information was obtained through the interception of such information in connection with a criminal investigation2 7iii7 having obtained or received the information in connection with a criminal investigation2 and 7iv7 with intent to improperly obstruct1 impede1 or interfere with a duly authorized criminal investigation4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned not more than five years1 or both4 7b7 ,exception for information acquired in the normal course of business ,it shall not be unlawful under this chapter for an officer1 employee1 or agent of a provider of a covered service1 whose facilities are used in the transmission of geolocation information1 to intercept1 disclose1 or use that information in the normal course of the officer1 employee1 or agent's employment while engaged 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 service1 except that a provider of a geolocation information service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks4 7c7 ,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 7d7 ,exception for consent 7#a7 ,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 ,state4 7#b7 ,children ,the exception in paragraph 7#a7 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 intercept such information4 7e7 ,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 public4 7f7 ,exception for emergency information ,it shall not be unlawful under this chapter for any investigative or law enforcement officer or other emergency responder to intercept or access geolocation information relating to a person if such information is used-- 7#a7 to respond to a request made by such person for assistance2 or 7#b7 in circumstances in which it is reasonable to believe that the life or safety of the person is threatened1 to assist the person4 7g7 ,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 unlawfully taken the device sending the geolocation information if-- 7#a7 the owner or operator of such device authorizes the interception of the person's geolocation information2 7#b7 the person acting under color of law is lawfully engaged in an investigation2 and 7#c7 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 investigation4 7h7 ,exception for warrant 7#a7 ,definitions ,in this subsection3 7,a7 ,court of competent jurisdiction ,the term court of competent jurisdiction includes-- 7i7 any district court of the ,united ,states 7including a magistrate judge of such a court7 or any ,united ,states court of appeals that-- 7,i7 has jurisdiction over the offense being investigated2 7,,ii7 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 7,,iii7 is acting on a request for foreign assistance pursuant to section #ceab2 or 7ii7 a court of general criminal jurisdiction of a ,state authorized by the law of that ,state to issue search warrants4 7,b7 ,governmental entity ,the term governmental entity means a department or agency of the ,united ,states or any ,state or political subdivision thereof4 7#b7 ,warrant ,a governmental entity may intercept geolocation information or require the disclosure by a provider of a covered service of geolocation information only pursuant to a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction1 or as otherwise provided in this chapter or the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7i7 ,prohibition on divulging geolocation information 7#a7 ,in general ,except as provided in paragraph 7#b71 a person providing a covered service shall not intentionally divulge geolocation information pertaining to another person4 7#b7 ,exceptions ,a person providing a covered service may divulge geolocation information-- 7,a7 as otherwise authorized in subsections 7b7 through 7h72 7,b7 with the lawful consent of such other person2 7,c7 to another person employed or authorized1 or whose facilities are used1 to forward such geolocation information to its destination2 or 7,d7 which was inadvertently obtained by the provider of the covered service and which appears to pertain to the commission of a crime1 if such divulgence is made to a law enforcement agency4 #bfjc4 ,prohibition of use as evidence of acquired geolocation information ,whenever any geolocation information has been acquired1 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 thereof if the disclosure of that information would be in violation of this chapter4 #bfjd4 ,emergency situation exception 7a7 ,emergency situation exception ,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 geolocation information if-- 7#a7 such officer reasonably determines that an emergency situation exists that-- 7,a7 involves-- 7i7 immediate danger of death or serious physical injury to any person2 7ii7 conspiratorial activities threatening the national security interest2 or 7iii7 conspiratorial activities characteristic of organized crime2 and 7,b7 requires geolocation information be intercepted before an order authorizing such interception can1 with due diligence1 be obtained2 7#b7 there are grounds upon which an order could be entered to authorize such interception2 and 7#c7 an application for an order approving such interception is made within #dh hours after the interception has occurred or begins to occur4 7b7 ,failure ,to obtain court order 7#a7 ,termination of acquisition ,in the absence of an order1 an interception of geolocation information carried out under subsection 7a7 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 the person named in the application4 #bfje4 ,recovery of civil damages authorized 7a7 ,in general ,any person whose geolocation information is intercepted1 disclosed1 or intentionally used in violation of this chapter may in a civil action recover from the person1 other than the ,united ,states1 which engaged in that violation such relief as may be appropriate4 7b7 ,relief ,in an action under this section1 appropriate relief includes-- 7#a7 such preliminary and other equitable or declaratory relief as may be appropriate2 7#b7 damages under subsection 7c7 and punitive damages in appropriate cases2 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 plaintiff and any profits made by the violator as a result of the violation2 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 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-- 7#a7 a court warrant or order1 a grand jury subpoena1 a legislative authorization1 or a statutory authorization2 7#b7 a request of an investigative or law enforcement officer under section #bfjd2 or 7#c7 a good-faith 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 7g7 ,improper disclosure is violation ,any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by this chapter is a violation of this chapter for purposes of this section4 7h7 ,construction ,nothing in this section may be construed to establish a new cause of action against any electronic communication service provider1 remote computing service provider1 geolocation service provider1 or law enforcement or investigative officer1 or eliminate or affect any cause of action that exists under section #bebj1 section #bgjg1 or any other provision of law4 4 7b7 ,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 7c7 ,conforming amendments ,section #ceab7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively2 and 7,b7 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 #c4 ,requirement for search warrants to acquire 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 #d4 ,fraud and related activity in connection with obtaining geolocation information 7a7 ,criminal violation ,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 a semicolon and and2 and 7,c7 by adding at the end the following new subparagraph3 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 has the meaning given that term in section #bfja4 4 7b7 ,conforming amendments 7#a7 ,definition amendments ,section #ajci7;h77#a7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the paragraph heading1 by inserting or ,,gps after phone2 and 7,b7 in the matter preceding subparagraph 7,a71 by inserting or ,,gps after phone4 7#b7 ,conforming amendments ,section #ajci of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in the section heading by inserting or ,,gps after phone2 7,b7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a71 by inserting or ,,gps after phone2 and 7ii7 in paragraph 7#d71 by inserting or ,,gps after phone2 7,c7 in subsection 7b7-- 7i7 in the subsection heading1 by inserting or ,,gps after phone2 7ii7 in paragraph 7#a71 by inserting or ,,gps after phone both places that term appears2 and 7iii7 in paragraph 7#b71 by inserting or ,,gps after phone2 and 7,d7 in subsection 7c7-- 7i7 in the subsection heading1 by inserting or ,,gps after phone2 7ii7 in paragraph 7#a71 by inserting or ,,gps after phone both places that term appears2 and 7iii7 in paragraph 7#b71 by inserting or ,,gps after phone4 7#c7 ,chapter analysis ,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 ,,gps records information of a covered entity4 4 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 section1 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 #e4 ,statement of exclusive means of acquiring geolocation information 7a7 ,in general ,no person may acquire 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 section #c1 or the amendments made by this ,act1 or the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7b7 ,geolocation information defined ,in this section1 the term geolocation information has the meaning given that term in section #bfja of title #ah1 ,united ,states ,code1 as amended by section #b4