H.R. 1312: Geolocational Privacy and Surveillance Act

Introduced:
Mar 21, 2013
Status:
Referred to Committee
Prognosis
28% chance of being enacted
Track this bill
Sponsor
Jason Chaffetz
Representative for Utah's 3rd congressional district
Party
Republican
Text
Read Text »
Last Updated
Mar 21, 2013
Length
20 pages
Related Bills
H.R. 2168 (112th) was a previous version of this bill.

Referred to Committee
Last Action: Jun 14, 2011

S. 639 (Related)
Geolocational Privacy and Surveillance Act

Referred to Committee
Last Action: Mar 21, 2013

 
Status

This bill was assigned to a congressional committee on March 21, 2013, which will consider it before possibly sending it on to the House or Senate as a whole.

Progress
Introduced Mar 21, 2013
Referred to Committee Mar 21, 2013
Reported by Committee ...
Passed House ...
Passed Senate ...
Signed by the President ...
Prognosis

67% chance of getting past committee.
28% chance of being enacted.

Only 11% of bills made it past committee and only about 3% were enacted in 2011–2013. [show factors | methodology]

 
Full Title

To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information and for other purposes.

Summary

No summaries available.

Cosponsors
19 cosponsors (12D, 7R) (show)
Committees

House Judiciary

Crime, Terrorism, Homeland Security, and Investigations

House Permanent Select Intelligence

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

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Citation

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

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


3/21/2013--Introduced.
Geolocational Privacy and Surveillance Act or the GPS Act - Amends the federal criminal code to prohibit intentionally:
(1) intercepting geolocation information pertaining to another person;
(2) disclosing to any other person such information pertaining to another, knowing that the information was obtained in violation of this Act;
(3) using geolocation information, knowing that the information was obtained in violation of this Act; or
(4) disclosing to any other person the geolocation information pertaining to another person intercepted by means authorized under this Act, knowing that the information was obtained in connection with a criminal investigation, having obtained or received information in connection with a criminal investigation, with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation.
Sets penalties for violations.
Makes specified exceptions for interceptions involving: (1) information acquired by a provider of covered services (electronic communication service, remote computing service, or geolocation information service) in the normal course of business; (2) federal officers, employees, or agents conducting foreign intelligence surveillance; (3) persons having given prior consent; (4) public information; (5) emergency information; (6) theft; and (7) a warrant.
Prohibits:
(1) a person providing covered services from intentionally divulging geolocation information pertaining to another person, with exceptions; and
(2) the use of such information, and evidence derived from it, as evidence.
Authorizes:
(1) the use of geolocation information by investigative or law enforcement officers, or by a state's principal prosecuting attorney, to intercept such information under specified emergency circumstances; and
(2) the recovery of civil damages by any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this Act.
Modifies the Federal Rules of Criminal Procedure to require a search warrant to acquire geolocation information.
Amends the federal criminal code to include any geolocation information service within the definition of a "covered entity" for purposes of provisions prohibiting obtaining confidential phone records information from such an entity by fraud or related activity.
Directs the United States Sentencing Commission to review the federal sentencing guidelines and policy statements applicable to persons convicted of fraud and related activity in connection with obtaining certain confidential phone records information.
Prohibits acquiring geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued under the Federal Rules of Criminal Procedure or the Foreign Intelligence Surveillance Act.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

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