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

USA115th CongressS-395| Senate 
| Updated: 2/15/2017
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Geolocational Privacy and Surveillance Act or the GPS Act This bill makes it unlawful to intentionally intercept the geolocation information of another person; intentionally disclose or use geolocation information knowing or having reason to know that it was obtained in violation of this bill; or intentionally disclose geolocation information knowing or having reason to know it was obtained as part of a criminal investigation with the intent to improperly obstruct with a duly authorized criminal investigation. There are several exceptions to this prohibition against intercepting geolocation information: (1) information obtained in the normal course of business, (2) information obtained while conducting foreign intelligence surveillance, (3) consent, (4) information readily available to the public, (5) theft or fraud involving the device, (6) issuance of a warrant, and (7) emergency circumstances. Geolocation information shall not be used as evidence in a legal proceeding when disclosure of such information would be in violation of this bill. The bill creates a civil cause of action for any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this bill. The bill makes it a criminal offense to knowingly and intentionally obtain, or attempt to obtain, global positioning system (GPS) records from a geolocation information service through fraud or by other means. It also makes it unlawful to intentionally and knowingly sell or transfer GPS records without the consent of the customer.
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Timeline
Feb 15, 2017
Introduced in Senate
Feb 15, 2017
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1219-1220)
Sep 6, 2017

Latest Companion Bill Action

HR 115-3470
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  • February 15, 2017
    Introduced in Senate


  • February 15, 2017
    Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1219-1220)


  • September 6, 2017

    Latest Companion Bill Action

    HR 115-3470
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Crime and Law Enforcement

Related Bills

  • S 115-3708: A bill to end the practice of including more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes.
  • HR 115-3470: To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information, and for other purposes.
  • HR 115-1062: To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information, and for other purposes.
Civil actions and liabilityComputers and information technologyCriminal investigation, prosecution, interrogationCriminal justice information and recordsCriminal procedure and sentencingEvidence and witnessesFraud offenses and financial crimesGeography and mappingRight of privacyTelephone and wireless communication

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

USA115th CongressS-395| Senate 
| Updated: 2/15/2017
Geolocational Privacy and Surveillance Act or the GPS Act This bill makes it unlawful to intentionally intercept the geolocation information of another person; intentionally disclose or use geolocation information knowing or having reason to know that it was obtained in violation of this bill; or intentionally disclose geolocation information knowing or having reason to know it was obtained as part of a criminal investigation with the intent to improperly obstruct with a duly authorized criminal investigation. There are several exceptions to this prohibition against intercepting geolocation information: (1) information obtained in the normal course of business, (2) information obtained while conducting foreign intelligence surveillance, (3) consent, (4) information readily available to the public, (5) theft or fraud involving the device, (6) issuance of a warrant, and (7) emergency circumstances. Geolocation information shall not be used as evidence in a legal proceeding when disclosure of such information would be in violation of this bill. The bill creates a civil cause of action for any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this bill. The bill makes it a criminal offense to knowingly and intentionally obtain, or attempt to obtain, global positioning system (GPS) records from a geolocation information service through fraud or by other means. It also makes it unlawful to intentionally and knowingly sell or transfer GPS records without the consent of the customer.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 15, 2017
Introduced in Senate
Feb 15, 2017
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1219-1220)
Sep 6, 2017

Latest Companion Bill Action

HR 115-3470
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  • February 15, 2017
    Introduced in Senate


  • February 15, 2017
    Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1219-1220)


  • September 6, 2017

    Latest Companion Bill Action

    HR 115-3470
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • S 115-3708: A bill to end the practice of including more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes.
  • HR 115-3470: To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information, and for other purposes.
  • HR 115-1062: To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityComputers and information technologyCriminal investigation, prosecution, interrogationCriminal justice information and recordsCriminal procedure and sentencingEvidence and witnessesFraud offenses and financial crimesGeography and mappingRight of privacyTelephone and wireless communication