S. 721: Kelsey Smith Act

113th Congress, 2013–2015. Text as of Apr 15, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

II

113th CONGRESS

1st Session

S. 721

IN THE SENATE OF THE UNITED STATES

April 15, 2013

(for himself andMr. Moran) introduced the following bill; which was read twice and referred to theCommittee on Commerce, Science, and Transportation

A BILL

To amend the Communications Act of 1934 to require a provider of a commercial mobile service or an IP-enabled voice service to provide call location information concerning the user of such a service to law enforcement agencies in order to respond to a call for emergency services or in an emergency situation that involves risk of death or serious physical harm.

1.

Short title

This Act may be cited as the Kelsey Smith Act .

2.

Required disclosure of call information location

Title II of the Communications Act of 1934(47 U.S.C. 201)is amended by inserting aftersection 222the following new section:

222A.

Required disclosure of call location information

(a)

In General

Notwithstandingsection 222, at the request of a law enforcement agency, a telecommunications carrier shall provide call location information concerning the user of a commercial mobile service (as such term is defined insection 332(d)) or the telecommunications device of the user of an IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999(47 U.S.C. 615b)) to a law enforcement official, in order to respond to the user's call for emergency services or to respond to an emergency situation that involves the risk of death or serious physical harm.

(b)

Hold Harmless

No cause of action shall lie in any court against any provider of a commercial mobile service or an IP-enabled voice service, its officers, employees, or agents for providing call location information undersubsection (a)while acting in good faith and in accordance with this section and any regulations promulgated pursuant to this section.

(c)

Definition

For the purpose of this section, the termemergency serviceshave the meaning given such term insection 222.

.