S. 1223 (112th): Location Privacy Protection Act of 2012

Introduced:
Jun 16, 2011 (112th Congress, 2011–2013)
Sponsor:
Sen. Alan “Al” Franken [D-MN]
Status:
Died (Reported by Committee)

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on December 13, 2012, in a previous session of Congress, but was not enacted.

Progress
Introduced Jun 16, 2011
Referred to Committee Jun 16, 2011
Reported by Committee Dec 13, 2012
Cosponsors
6 cosponsors (5D, 1I) (show)
Committees

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to address voluntary location tracking of electronic communications devices, and for other purposes.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jun 16, 2011.
36 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

6/16/2011--Introduced.
Location Privacy Protection Act of 2011 - Amends the federal criminal code to prohibit a nongovernmental individual or entity engaged in the business of offering or providing a service to electronic communications devices from knowingly collecting, obtaining, or disclosing to a nongovernmental individual or entity geolocation information from an electronic communications device without the express authorization of the individual using the device.
Defines "geolocation information" as any information concerning the location of an electronic communications device and used to identify or approximate the location of the electronic communications device or the individual using the device.
Makes exceptions:
(1) necessary to locate a minor child or provide fire, medical public safety, or other emergency services;
(2) for the sole purpose of transmitting the geolocation information to the individual or another authorized recipient; or
(3) expressly required by state, regulation, or appropriate judicial process.
Requires an entity that provides geolocation information to:
(1) provide notice that geolocation information relating to an individual is being disclosed to another individual; and
(2) inform an individual on how such individual may revoke consent to the collection, receipt, recording, obtaining, and disclosure of geolocation information relating to the individual.
Authorizes civil actions by the Attorney General, state attorneys general, and aggrieved individuals for violations of this Act, subject to specified limitations.
Prohibits:
(1) the unauthorized disclosure of geolocation information in aid of interstate domestic violence or stalking, and
(2) the sale of geolocation information of not less than 1,000 children under age 11.
Directs:
(1) the National Institute of Justice to conduct a national baseline study to examine the role of geolocation information in violence against women;
(2) the Director of the Office on Violence Against Women to establish a task force to assist in the study's development and implementation;
(3) the Director of the Federal Bureau of Investigation (FBI), in conjunction with the Director of the Bureau of Justice Assistance, to 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; and
(4) the Attorney General to develop a national education curriculum 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.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 18 U.S.C. Chapter 110
  • 18 U.S.C. Chapter 110A
  • 18 U.S.C. Chapter 121