Sec. 3. Voluntary location tracking of electronic communications devices
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Chapter 121 of title 18, United States Code, is amended by adding at the end the following: In this section— the term covered entity means a nongovernmental individual or entity; the term consent means affirmative express consent after receiving clear, prominent, and accurate notice that— informs the individual that his or her geolocation information will be collected by the covered entity; identifies the categories of covered entities to which the geolocation information may be disclosed by the covered entity; and provides the individual a hyperlink or comparably easily accessible means to access the information specified in subsection (b)(4); the term electronic communications device means any device that— enables access to, or use of, an electronic communications system, electronic communication service, remote computing service, or geolocation information service; and is commonly carried by or on the person of an individual or commonly travels with the individual, including in or as part of a vehicle the individual drives; the term geolocation information — means any information that— is not the contents of a communication; is in whole or in part generated by or derived from the operation or use of an electronic communications device; and is sufficient to identify the street name and name of the city or town in which the device is located; and does not include the Internet protocol address or the home, business, or billing address of the individual, or any component parts of such addresses; and the term geolocation information service means the provision of a global positioning service or other mapping, locational, or directional information service.
Except as provided in paragraph (2), a covered entity may not knowingly collect or disclose to another covered entity the geolocation information from an electronic communications device without the consent of the individual that is using the electronic communications device. A covered entity may knowingly collect or disclose to another covered entity the geolocation information from an electronic communication device without consent if the collection or disclosure is— to allow a parent or legal guardian to locate an unemancipated minor child or ward; to allow a court-appointed guardian to locate a legally incapacitated person; for the provision of fire, medical, public safety, or other emergency services; 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 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 afforded the opportunity to appear and contest the claim of the person seeking the disclosure; requested by a law enforcement agency of the United States, a State, or a political subdivision of a State pursuant to any lawful authority or activity, including chapter 119, the Federal Rules of Criminal Procedure, or any other provision of Federal or State law, if the covered entity uses the geolocation information collected in response to the request solely for law enforcement purposes; necessary for network operation by a person that is subject to section 222 or 631 of the Communications Act of 1934 (47 U.S.C. 222 and 551), if the person uses the information solely for purposes of network operation; for the sole purpose of transmitting the information to a person and in a circumstance described in subparagraph (A), (B), (C), (D), (E), or (F); necessary to protect the property of the covered entity or to protect the covered entity’s customers or other covered entities from fraudulent, abusive or unlawful conduct; or conducted by any covered entity that is not the covered entity that initially collected the information from the electronic communications device.
In granting an order described in subparagraph (D), the court shall impose appropriate safeguards against unauthorized disclosure. Except for an instance in which geolocation information is being collected under the exception described in paragraph (2)(E), a covered entity that initially collects geolocation information from an electronic communications device in a manner that the covered entity has reason to believe is imperceptible to the individual using the electronic communications device shall, in addition to obtaining consent under paragraph (1), provide clear, prominent, and accurate notice to the individual, not earlier than 24 hours and not later than 7 days after the initial collection, informing the individual that his or her geolocation information is being collected and providing him or her the information specified in paragraph (4).
A covered entity that collects the geolocation information of more than 1,000 electronic communications devices in a year shall maintain a publicly accessible Internet website that includes— the nature of the geolocation information that the covered entity collects from electronic communications devices; the purposes for which the covered entity collects, uses, and discloses the information; the specific covered entities to which the covered entity discloses geolocation information; and how an individual may electronically revoke consent for the collection and disclosure of geolocation information.
The Attorney General shall, in consultation with the Federal Trade Commission, issue regulations to implement the requirements of this section. All regulations promulgated under this section shall be issued in accordance with section 553 of title 5. In promulgating regulations under this section, the Attorney General shall— avoid any regulatory requirement that would create redundant notifications or requests for consent, including in instances in which an individual has previously consented to the collection of his or her geolocation information or its disclosure to a particular category of individuals or entities; and ensure that such regulations address the specific operational requirements of shared and legacy electronic communications devices.
If the Attorney General of the United States has reasonable cause to believe that an individual or entity is violating this section or its implementing regulations, the Attorney General may bring a civil action in an appropriate United States district court. Any individual aggrieved by any action of an individual or entity in violation of this section or its implementing regulations may bring a civil action in an appropriate United States district court. Except as provided in clause (iii), an aggrieved person bringing a civil action under paragraph
(2)shall notify the Attorney General in writing that the person intends to bring the action before initiating that action. A notification provided under clause
(i)with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. If it is not feasible for the person to provide the notification required by clause
(i)before initiating a civil action under paragraph (2), the person shall notify the Attorney General immediately upon instituting the civil action. The Attorney General may— intervene in any civil action brought by an aggrieved person under paragraph (2); and upon intervening— be heard on all matters arising in the civil action; and file petitions for appeal of a decision in the civil action. If the Attorney General brings a civil action under paragraph (1), a person may not, during the pendency of such action, bring a civil action under paragraph
(2)against any defendant named in the complaint of the Attorney General for any violation with respect to which the Attorney General instituted such action. In a civil action brought under this subsection, the court may award— damages of not more than $5,000 per violation per day while such a violation exists, with a maximum of $500,000 per violation; punitive damages in an additional amount of not more than $5,000 per violation per day while such violation exists, with a maximum of an additional $500,000 per violation; reasonable attorney’s fees and other litigation costs reasonably incurred; and such other preliminary or equitable relief as the court determines to be appropriate. Notwithstanding any other provision of law, the total amount of civil penalties that may be imposed with respect to a covered entity that violates this section or its implementing regulations shall not exceed, for all violations resulting from the same or related acts or omissions, $1,000,000, unless the conduct is found to be willful or intentional. If a court determines that a violation was willful or intentional and imposes an additional penalty, the court may impose an additional penalty in accordance with subparagraph
(A)in an amount that does not exceed $1,000,000. Except as provided in 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. In no instance may a civil action be brought under this subsection after the date that is 10 years after the date of the act complained of. . 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. 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. Nothing in this section shall be construed to effect the rights and remedies of any individual under any other State or Federal law. 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). . Chapter 121 of title 18, United States Code, is amended— in the table of sections, by adding at the end the following: 2713. Voluntary location tracking of electronic communications devices. ; and in section 2702(c), by striking A provider and inserting Except as provided under section 2713, a provider . The amendments made by this section— shall take effect on the date of enactment of this Act; and except as provided in paragraph (2), shall apply on and after the date that is 180 days after the issuance of regulations under section 2713(c) of title 18, United States Code, as added by subsection (a). Section 2713(c) of title 18, United States Code, as added by subsection (a), shall apply on the date of enactment of this Act.
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Sec. 3
Voluntary location tracking of electronic communications devices
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