Text: S.1223 — 112th Congress (2011-2012)
Shown Here:
Reported to Senate (06/15/2011)
[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 1223 Reported in Senate (RS)]
Calendar No. 567
112th CONGRESS
2d Session
S. 1223
To address voluntary location tracking of electronic communications
devices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2011
Mr. Franken (for himself, Mr. Blumenthal, Mr. Coons, Mr. Sanders, Mr.
Durbin, Mr. Menendez, and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
December 17, 2012
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To address voluntary location tracking of electronic communications
devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Location Privacy Protection
Act of 2011''.
SEC. 2. DEFINITION.
In this Act, the term ``geolocation information'' has the
meaning given that term in section 2713 of title 18, United States
Code, as added by this Act.
SEC. 3. VOLUNTARY LOCATION TRACKING OF ELECTRONIC
COMMUNICATIONS DEVICES.
(a) In General.--Chapter 121 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2713. Voluntary location tracking of electronic
communications devices
``(a) Definitions.--In this section--
``(1) the term `covered entity' means a
nongovernmental individual or entity engaged in the business,
in or affecting interstate or foreign commerce, of offering or
providing a service to electronic communications devices,
including, but not limited to, offering or providing electronic
communication service, remote computing service, or geolocation
information service;
``(2) the term `electronic communications device'
means any device that--
``(A) enables access to, or use of, an
electronic communications system, electronic
communication service, remote computing service, or
geolocation information service; and
``(B) is designed or intended to be
carried by or on the person of an individual or travel
with the individual, including, but not limited to, a
vehicle the individual drives;
``(3) the term `express authorization' means
express affirmative consent after receiving clear and prominent
notice that--
``(A) is displayed by the electronic
communications device, separate and apart from any
final end user license agreement, privacy policy, terms
of use page, or similar document; and
``(B) provides information regarding--
``(i) what geolocation information
will be collected; and
``(ii) the specific
nongovernmental entities to which the
geolocation information may be
disclosed;
``(4) the term `geolocation information'--
``(A) means any information--
``(i) concerning the location of
an electronic communications device that is in
whole or in part generated by or derived from
the operation or use of the electronic
communications device; and
``(ii) that may be used to
identify or approximate the location of the
electronic communications device or the
individual that is using the device;
and
``(B) does not include any temporarily
assigned network address or Internet protocol address
of the individual; and
``(5) the term `geolocation information service'
means the provision of a global positioning service or other
mapping, locational, or directional information
service.
``(b) Collection or Disclosure of Geolocation Information
to or by Nongovernmental Entities.--
``(1) In general.--Except as provided in paragraph
(2), a covered entity may not knowingly collect, receive,
record, obtain, or disclose to a nongovernmental individual or
entity the geolocation information from an electronic
communications device without the express authorization of the
individual that is using the electronic communications
device.
``(2) Exceptions.--A covered entity may knowingly
collect, receive, record, obtain, or disclose to a
nongovernmental individual or entity the geolocation
information from an electronic communication device without the
express authorization of the individual that is using the
electronic communications device if the covered entity has a
good faith belief that the collection, receipt, recording,
obtaining, or disclosure is--
``(A) necessary to locate a minor child or
provide fire, medical, public safety, or other
emergency services;
``(B) for the sole purpose of transmitting
the geolocation information to the individual or
another authorized recipient, including another third
party authorized under this subparagraph; or
``(C) expressly required by statute,
regulation, or appropriate judicial process.
``(c) Anti-Cyberstalking Protection.--Not earlier than 24
hours, and not later than 7 days, after the time an individual provides
express authorization to a covered entity providing a geolocation
information service to the individual for the express purpose of
authorizing disclosure of geolocation information relating to the
individual to another individual, the covered entity shall provide the
individual a verification displayed by the electronic communications
device that informs the individual--
``(1) that geolocation information relating to the
individual is being disclosed to another individual;
and
``(2) how the individual may revoke consent to the
collection, receipt, recording, obtaining, and disclosure of
geolocation information relating to the individual.
``(d) Civil Remedies.--
``(1) 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, the Attorney General may bring a civil
action in an appropriate United States district
court.
``(2) Action by state attorneys general.--If the
attorney general of a State has reasonable cause to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by a violation of this
section, the attorney general of the State may bring a civil
action on behalf of the residents of the State in an
appropriate United States district court.
``(3) Right of action.--Any individual aggrieved
by any action of an individual or entity in violation of this
section may bring a civil action in an appropriate United
States district court.
``(4) Pending proceedings.--
``(A) Federal action.--If the Attorney
General has brought a civil action alleging a violation
of this section, an attorney general of a State or
private person may not bring a civil action under this
subsection against a defendant named in the civil
action relating to a violation of this section that is
alleged in the civil action while the civil action is
pending.
``(B) State action.--If the attorney
general of a State has brought a civil action alleging
a violation of this section, an individual may not
bring a civil action under this subsection against a
defendant named in the civil action for a violation of
this section that is alleged in the civil action while
the civil action is pending.
``(5) Relief.--In a civil action brought under
this subsection, the court may award--
``(A) actual damages, but not less than
damages in the amount of $2,500;
``(B) punitive damages;
``(C) reasonable attorney's fees and other
litigation costs reasonably incurred; and
``(D) such other preliminary or equitable
relief as the court determines to be
appropriate.
``(6) Period of limitations.--No civil action may
be brought under this subsection unless such civil action is
begun within 2 years from the date of the act complained of or
the date of discovery.
``(7) Limitation on liability.--A civil action may
not be brought under this subsection relating to any
collection, receipt, recording, obtaining, or disclosure of
geolocation information that is authorized under any other
provision of law or appropriate legal process.
``(e) Effects on Other Law.--
``(1) 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 section.
``(2) 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 222
or 631 of the Communications Act of 1934 (47 U.S.C. 222 and
551).''.
(b) Technical and Conforming Amendments.--Chapter 121 of
title 18, United States Code, is amended--
(1) in the table of sections, by adding at the end
the following:
``2713. Voluntary location tracking of electronic
communications devices.'';
and
(2) in section 2702--
(A) in subsection (b), by striking ``A
provider'' and inserting ``Except as provided under
section 2713, a provider''; and
(B) in subsection (c), by striking ``A
provider'' and inserting ``Except as provided under
section 2713, a provider''.
SEC. 4. GEOLOCATION INFORMATION USED IN INTERSTATE DOMESTIC
VIOLENCE OR STALKING.
(a) In General.--Chapter 110A of title 18, United States
Code, is amended--
(1) by redesignating section 2266 as section
2267;
(2) by inserting after section 2265 the
following:
``Sec. 2266. Geolocation information used in interstate
domestic violence or stalking
``(a) Offenses; Unauthorized Disclosure of Geolocation
Information in Aid of Interstate Domestic Violence or Stalking.--A
covered entity that--
``(1) knowingly and willfully discloses
geolocation information about an individual to another
individual;
``(2) knew that a violation of section 2261,
2261A, or 2262 would result from the disclosure; and
``(3) intends to aid in a violation of section
2261, 2261A, or 2262 as a result of the disclosure,
shall be punished as provided in subsection (b).
``(b) Penalties.--A covered entity that violates
subsection (a) shall be fined under this title, imprisoned for not more
than 2 years, or both.''; and
(3) in section 2267, as so redesignated, by adding
at the end the following:
``(11) Covered entity; geolocation information.--
The terms `covered entity' and `geolocation information' have
the meanings given those terms in section 2713.''.
(b) Technical and Conforming Amendments.--
(1) Title 10.--Section 1561a(b) of title 10,
United States Code, is amended by striking ``section 2266(5)''
and inserting ``section 2267(5)''.
(2) Title 18.--Title 18, United States Code, is
amended--
(A) in section 1992(d)(14), by striking
``section 2266'' and inserting ``section 2267'';
and
(B) in chapter 110A--
(i) in the table of sections, by
striking the item relating to section 2266 and
inserting the following:
``2266 Geolocation information used in interstate domestic
violence or stalking.
``2267. Definitions.'';
and
(ii) in section 2261(b)(6), by
striking ``section 2266 of title 18, United
States Code,'' and inserting ``section
2267''.
(3) Omnibus crime control and safe streets act of
1968.--Section 2011(c) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-5(c)) is amended
by striking ``section 2266'' and inserting ``section
2267''.
SEC. 5. SALE OF GEOLOCATION INFORMATION OF YOUNG
CHILDREN.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended--
(1) by inserting after section 2252C the
following:
``Sec. 2252D. Sale of geolocation information of young
children
``Any person who knowingly and willfully sells the
geolocation information of not less than 1,000 children under 11 years
of age shall be fined under this title, imprisoned for not more 2
years, or both.''; and
(2) in section 2256--
(A) in paragraph (8), by striking the
period at the end and inserting a semicolon;
(B) in paragraph (9), by striking the
period at the end and inserting a semicolon;
(C) in paragraph (10), by striking ``and''
at the end;
(D) in paragraph (11), by striking the
period at the end and inserting ``; and'';
and
(E) by adding at the end the
following:
``(12) the term `geolocation information' has the
meaning given that term in section 2713.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 110 of title 18, United States Code, is amended by
inserting after the item relating to section 2252C the
following:
``2252D. Sale of geolocation information of young children.''.
SEC. 6. NATIONAL BASELINE STUDY OF USE OF GEOLOCATION DATA IN
VIOLENCE AGAINST WOMEN.
(a) In General.--The National Institute of Justice, in
consultation with the Office on Violence Against Women, shall conduct a
national baseline study to examine the role of geolocation information
in violence against women.
(b) Scope.--
(1) In general.--The study conducted under
subsection (a) shall examine the role that various new
technologies that use geolocation information may have in the
facilitation of domestic violence, dating violence, or
stalking, including, but not limited to--
(A) global positioning system
technology;
(B) smartphone mobile
applications;
(C) in-car navigation devices;
and
(D) geo-tagging technology.
(2) Evaluation.--The study conducted under
subsection (a) shall evaluate the effectiveness of the
responses of Federal, State, tribal, and local law enforcement
agencies to the conduct described in paragraph (1).
(3) Recommendations.--The study conducted under
subsection (a) shall propose recommendations to improve the
effectiveness of the responses of Federal, State, tribal, and
local law enforcement agencies to the conduct described in
paragraph (1).
(c) Task Force.--
(1) In general.--The Attorney General, acting
through the Director of the Office on Violence Against Women,
shall establish a task force to assist in the development and
implementation of the study conducted under subsection (a) and
guide implementation of the recommendations proposed under
subsection (b)(3).
(2) Members.--The task force established under
paragraph (1) shall include--
(A) representatives from--
(i) the National Institute of
Standards and Technology; and
(ii) the Federal Trade Commission;
and
(B) representatives appointed by the
Director of the Office on Violence Against Women from--
(i) the offices of attorney
generals of States;
(ii) national violence against
women nonprofit organizations; and
(iii) the industries related to
the technologies described in subsection
(b)(1).
(d) Report.--Not later than 2 years after the date of
enactment of this Act, 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 describes the
results of the study conducted under subsection (a).
SEC. 7. GEOLOCATION CRIME REPORTING CENTER.
(a) In General.--The Attorney General, acting through the
Director of the Federal Bureau of Investigation, and in conjunction
with the Director of the Bureau of Justice Assistance, shall create a
mechanism using the Internet Crime Complaint Center to register
complaints of crimes the conduct of which was aided by use of
geolocation information.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Attorney General, acting through the
Director of the Federal Bureau of Investigation, and in conjunction
with the Director of the Bureau of Justice Assistance, 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--
(1) discusses the information obtained using the
mechanism created under subsection (a);
(2) evaluates the potential risks that the
widespread availability of geolocation information poses in
increasing crimes against person and property;
(3) describes programs of State and municipal
governments intended to reduce these risks; and
(4) makes recommendations on measures that could
be undertaken by Congress to reduce or eliminate these
risks.
SEC. 8. NATIONAL GEOLOCATION CURRICULUM DEVELOPMENT.
The Attorney General shall develop a national education
curriculum for use by State and local law enforcement agencies,
judicial educators, and victim service providers to ensure that all
courts, victim advocates, and State and local law enforcement personnel
have access to information about relevant laws, practices, procedures,
and policies for investigating and prosecuting the misuse of
geolocation information.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Location Privacy Protection Act of
2012''.
SEC. 2. DEFINITION.
In this Act, the term ``geolocation information'' has the meaning
given that term in section 2713 of title 18, United States Code, as
added by this Act.
SEC. 3. VOLUNTARY LOCATION TRACKING OF ELECTRONIC COMMUNICATIONS
DEVICES.
(a) In General.--Chapter 121 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2713. Voluntary location tracking of electronic communications
devices
``(a) Definitions.--In this section--
``(1) the term `covered entity' means a nongovernmental
individual or entity engaged in the business, in or affecting
interstate or foreign commerce, of offering or providing a
service to electronic communications devices, including, but
not limited to, offering or providing an electronic
communication service, remote computing service, or geolocation
information service;
``(2) the term `electronic communications device' means any
device that--
``(A) enables access to, or use of, an electronic
communications system, electronic communication
service, remote computing service, or geolocation
information service; and
``(B) is designed or intended to be carried by or
on the person of an individual or travel with the
individual, including, but not limited to, in or as
part of a vehicle the individual drives;
``(3) the term `express authorization' means express
affirmative consent after receiving clear and prominent notice
that--
``(A) is displayed by the electronic communications
device, separate and apart from any final end user
license agreement, privacy policy, terms of use page,
or similar document; and
``(B) provides information regarding--
``(i) what geolocation information will be
collected, received, recorded, or obtained;
``(ii) the specific individuals or
nongovernmental entities to which the
geolocation information may be disclosed by the
covered entity; and
``(iii) how the individual may
electronically revoke consent to the
collection, receipt, recording, obtaining, and
disclosure of the geolocation information;
``(4) the term `geolocation information'--
``(A) means any information--
``(i) concerning the location of an
electronic communications device that is in
whole or in part generated by or derived from
the operation or use of the electronic
communications device; and
``(ii) that may be used to identify the
location of the individual that is using the
device;
``(B) includes, but is not limited to--
``(i) Global Positioning System data and
data from multilateration of cell antennae
signals, WiFi signals, or other technologies;
and
``(ii) cellular antenna connection records,
including data regarding the geographic
location, attributes, and sectors of the
antenna transmitting a wire or electronic
communication to or from an electronic
communications device; and
``(C) does not include--
``(i) the name of the individual;
``(ii) the home, business, or billing
address of the individual, or any of the
component parts of such an address;
``(iii) the local and long distance
telephone connection records, or records of
session times and durations, of the individual;
``(iv) the length of service (including
start date) and types of service utilized by
the individual;
``(v) the telephone or instrument number or
other subscriber number or identity, including
any network or Internet Protocol address, of
the individual; and
``(vi) the means and source of payment for
a service (including any credit card or bank
account number) of the individual;
``(5) the term `geolocation information service' means the
provision of a global positioning service or other mapping,
locational, or directional information service; and
``(6) the term `knowingly' means having actual knowledge.
``(b) Collection or Disclosure of Geolocation Information to or by
Nongovernmental Entities.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), a covered entity may not knowingly collect, receive,
record, obtain, or disclose to a nongovernmental individual or
entity the geolocation information from an electronic
communications device without the express authorization of the
individual that is using the electronic communications device.
``(2) Exceptions.--A covered entity may knowingly collect,
receive, record, obtain, or disclose to a nongovernmental
individual or entity the geolocation information from an
electronic communications device without the express
authorization of the individual that is using the electronic
communications device if the covered entity has a good faith
belief that the collection, receipt, recording, obtaining, or
disclosure is--
``(A) to allow a parent or legal guardian to locate
a minor child;
``(B) for the provision of fire, medical, public
safety, or other emergency services;
``(C) for the sole purpose of transmitting the
geolocation information to the individual or another
authorized recipient, including another third party
authorized under this subparagraph;
``(D) necessary to protect the rights or property
of the covered entity, or protect customers of the
covered entity or other covered entities from
fraudulent, abusive, or unlawful use of, or
subscription to, such services;
``(E) 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
means, if--
``(i) the individual is given reasonable
notice, by the person seeking the disclosure,
of the court proceeding relevant to the
issuance of the court order; and
``(ii) the individual is afforded the
opportunity to appear and contest the claim of
the person seeking the disclosure;
``(F) requested by a law enforcement or
intelligence agency of the United States, a State, or a
political subdivision of a State pursuant to any lawful
authority or activity, including under this chapter,
chapter 119, the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.), the Federal Rules of
Criminal Procedure, or any other provision of Federal
or State law, if the covered entity uses the
geolocation information collected, received, recorded,
or obtained in response to the request solely for law
enforcement or intelligence purposes; or
``(G) a collection of geolocation information that
is necessary for network operation by an individual or
entity that is subject to section 222 or 631 of the
Communications Act of 1934, if the entity only uses the
information solely for purposes of network operation.
If an order is granted under subparagraph (E), the court shall
impose appropriate safeguards against unauthorized disclosure.
``(3) Rules of construction.--
``(A) One time consent.--A covered entity shall not
be required to obtain express authorization for each
individual collection, receipt, recording, obtaining,
or disclosure of geolocation information for which an
express authorization is required under paragraphs (1)
and (2) if--
``(i) an express authorization was obtained
before the initial collection, receipt,
recording, obtaining, or disclosure;
``(ii) the nature of the geolocation
information being collected, received,
recorded, or obtained has not changed since the
express authorization; and
``(iii) the geolocation information is
being disclosed to a nongovernmental individual
or entity specified at the time of the express
authorization.
``(B) First party responsibility.--A covered entity
that collects, receives, records, or obtains
geolocation information from the covered entity that
initially collected, received, recorded, or obtained
the geolocation information from the electronic
communications device shall not be required to obtain
an express authorization for that collection, receipt,
recording, or obtaining or any subsequent disclosures
of the geolocation information.
``(C) Legacy and future devices.--A covered entity
that has a reasonable belief that it is impossible to
communicate the information described in subsection
(a)(3)(B) by means of a display on the electronic
communications device, as required under subsection
(a)(3)(A), may communicate the information and obtain
the express affirmative consent required under
paragraph (1) orally or in writing.
``(D) Shared devices.--A covered entity shall not
be required to obtain an express authorization for the
collection, receipt, recording, obtaining, or
disclosure of geolocation information from an
individual if the covered entity--
``(i) does not have actual knowledge that
the electronic device from which the covered
entity is collecting, receiving, recording, or
obtaining geolocation information is being used
by an individual different from the individual
from whom the covered entity obtained express
authorization; and
``(ii) is not collecting, receiving,
recording, or obtaining the geolocation
information of the individual in a manner that
the covered entity knows and intends to be
imperceptible to the individual.
``(c) Anti-Cyberstalking Protection.--Except for an instance in
which geolocation information is being collected under the exception
described in subsection (b)(2)(F), if a covered entity collects,
receives, records, or obtains the geolocation information of an
individual in a manner that the covered entity knows and intends to be
imperceptible to the individual, not earlier than 24 hours and not
later than 7 days after the initial collection, receipt, recording, or
obtaining, the covered entity shall provide the individual a notice
that informs the individual--
``(1) what geolocation information relating to the
individual is being collected, received, recorded, or obtained;
``(2) the nongovernmental individuals or entities to which
the geolocation information has been or is being disclosed; and
``(3) how the individual may electronically revoke consent
to the collection, receipt, recording, obtaining, and
disclosure of the geolocation information.
``(d) Civil Remedies.--
``(1) 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, the Attorney General may bring a civil action in an
appropriate United States district court.
``(2) Action by state attorneys general.--If the attorney
general of a State has reasonable cause to believe that an
interest of the residents of the State has been or is
threatened or adversely affected by a violation of this
section, the attorney general of the State may bring a civil
action on behalf of the residents of the State in an
appropriate United States district court.
``(3) Right of action.--Any individual aggrieved by any
action of an individual or entity in violation of this section
may bring a civil action in an appropriate United States
district court.
``(4) Effect on other proceedings.--
``(A) Federal action.--On and after the date on
which the Attorney General of the United States files a
civil action alleging a violation of this section, an
attorney general of a State or an individual may not
bring a civil action under this subsection against a
defendant named in the civil action relating to a
violation of this section that is alleged in the civil
action.
``(B) State action.--On and after the date on which
the attorney general of a State files a civil action
alleging a violation of this section, an individual may
not bring a civil action under this subsection against
a defendant named in the civil action for a violation
of this section that is alleged in the civil action.
``(5) Relief.--In a civil action brought under this
subsection, the court may award--
``(A) actual damages, but not less than damages in
the amount of $2,500;
``(B) punitive damages;
``(C) reasonable attorney's fees and other
litigation costs reasonably incurred; and
``(D) such other preliminary or equitable relief as
the court determines to be appropriate.
``(6) Period of limitations.--
``(A) In general.--Subject to subparagraph (B), a
civil action may not be brought under this subsection
unless the civil action is filed not later than 2 years
after the later of the date of the act complained of or
the date of discovery of the act complained of.
``(B) Limitation.--In no instance may a civil
action be filed under this subsection after the date
that is 10 years after the date of the act complained
of.
``(7) Limitation on liability.--A civil action may not be
brought under this subsection relating to any collection,
receipt, recording, obtaining, or disclosure of geolocation
information that is explicitly authorized under another
provision of Federal law.
``(e) Effects on Other Law.--
``(1) 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, receipt, recording, obtaining or
disclosure of geolocation information prohibited by this
section.
``(2) 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 collection,
receipt, recording, obtaining, or disclosure of geolocation
information from electronic communications devices.
``(3) 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 law.
``(4) 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 222 or 631 of
the Communications Act of 1934 (47 U.S.C. 222 and 551).''.
(b) Technical and Conforming Amendments.--Chapter 121 of title 18,
United States Code, is amended--
(1) in the table of sections, by adding at the end the
following:
``2713. Voluntary location tracking of electronic communications
devices.'';
and
(2) in section 2702--
(A) in subsection (b), by striking ``A provider''
and inserting ``Except as provided under section 2713,
a provider''; and
(B) in subsection (c), by striking ``A provider''
and inserting ``Except as provided under section 2713,
a provider''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.
SEC. 4. GEOLOCATION INFORMATION USED IN INTERSTATE DOMESTIC VIOLENCE OR
STALKING.
(a) In General.--Chapter 110A of title 18, United States Code, is
amended--
(1) by redesignating section 2266 as section 2267;
(2) by inserting after section 2265 the following:
``Sec. 2266. Geolocation information used in interstate domestic
violence or stalking
``(a) Offenses; Unauthorized Disclosure of Geolocation Information
in Aid of Interstate Domestic Violence or Stalking.--A covered entity
or an employee of a covered entity that--
``(1) knowingly and intentionally discloses geolocation
information about an individual to another individual;
``(2) knew that a violation of section 2261, 2261A, or 2262
could result from the disclosure; and
``(3) intends to aid in a violation of section 2261, 2261A,
or 2262 as a result of the disclosure,
shall be punished as provided in subsection (b).
``(b) Penalties.--A covered entity or employee of a covered entity
that violates subsection (a) shall be fined under this title,
imprisoned for not more than 2 years, or both.''; and
(3) in section 2267, as so redesignated, by adding at the
end the following:
``(11) Covered entity; geolocation information.--The terms
`covered entity', `geolocation information', and `knowingly'
have the meanings given those terms in section 2713.''.
(b) Technical and Conforming Amendments.--
(1) Title 10.--Section 1561a(b) of title 10, United States
Code, is amended by striking ``section 2266(5)'' and inserting
``section 2267(5)''.
(2) Title 18.--Title 18, United States Code, is amended--
(A) in section 1992(d)(14), by striking ``section
2266'' and inserting ``section 2267''; and
(B) in chapter 110A--
(i) in the table of sections, by striking
the item relating to section 2266 and inserting
the following:
``2266. Geolocation information used in interstate domestic violence or
stalking.
``2267. Definitions.'';
and
(ii) in section 2261(b)(6), by striking
``section 2266 of title 18, United States
Code,'' and inserting ``section 2267''.
(3) Omnibus crime control and safe streets act of 1968.--
Section 2011(c) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-5(c)) is amended by
striking ``section 2266'' and inserting ``section 2267''.
SEC. 5. NATIONAL STUDY OF USE OF GEOLOCATION DATA IN VIOLENCE AGAINST
WOMEN.
(a) In General.--The National Institute of Justice, in consultation
with the Office on Violence Against Women, shall conduct a national
study to examine the role of geolocation information in violence
against women.
(b) Scope.--
(1) In general.--The study conducted under subsection (a)
shall examine the role that various new technologies that use
geolocation information may have in the facilitation of
domestic violence, dating violence, sexual assault, or
stalking, including, but not limited to--
(A) global positioning system technology;
(B) smartphone mobile applications;
(C) in-car navigation devices; and
(D) geo-tagging technology.
(2) Recommendations.--The study conducted under subsection
(a) shall propose recommendations to improve the effectiveness
of the responses of Federal, State, tribal, and local law
enforcement agencies to the conduct described in paragraph (1).
(c) Consultation.--The Attorney General, acting through the
Director of the Office on Violence Against Women and the Director of
the National Institute of Justice, shall consult with representatives
from the Federal agencies, offices of State attorneys general, national
victim advocacy organizations and the industries related to the
technologies described in subsection (b)(1) to assist in the
development and implementation of the study conducted under subsection
(a) and guide implementation of the recommendations proposed under
subsection (b)(3).
(d) Report.--Not later than 2 years after the date of enactment of
this Act, 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 describes the results of the study
conducted under subsection (a).
SEC. 6. GEOLOCATION CRIME INFORMATION AND REPORTING.
(a) 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 violence, dating
violence, sexual assault, stalking, or other related crimes.
(b) Consultations.--In determining what information will be
provided to the public and collected in complaints under subsection
(a), the Attorney General shall consult with nongovernmental entities
that have demonstrated expertise relating to the abuse of the Internet
or geolocation information to commit stalking, domestic violence,
dating violence, sexual assault, or other related crimes.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, 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 (a).
SEC. 7. NATIONAL GEOLOCATION CURRICULUM TRAINING.
(a) In General.--The Attorney General, through the Director of the
Office on Violence Against Women, may make grants to entities to
develop and provide training to law enforcement officers, prosecutors,
judges, and victim service personnel throughout the United States
regarding relevant Federal, State, territorial, or local law and
promising practices, procedures, and policies relating to investigating
and prosecuting the misuse of geolocation information in the commission
of stalking, domestic violence, dating violence, sexual assault, and
other crimes.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Attorney General at such
time, in such manner, and accompanied by such information as the
Attorney General may reasonably require.
Calendar No. 567
112th CONGRESS
2d Session
S. 1223
_______________________________________________________________________
A BILL
To address voluntary location tracking of electronic communications
devices, and for other purposes.
_______________________________________________________________________
December 17, 2012
Reported with an amendment
