H.R.3825 - Kelsey Smith Act (119th Congress)
Summary
H.R. 3825, the Kelsey Smith Act, aims to amend the Communications Act of 1934. It mandates that covered service providers must provide location information of a user's telecommunications device to law enforcement or public safety answering points in emergency situations. This includes instances involving risk of death or serious physical harm, or when responding to a user's call for emergency services.
The bill outlines specific conditions under which location information must be disclosed. It also includes provisions for record-keeping by law enforcement agencies and liability protection for service providers.
The Act defines 'covered service' to include commercial mobile services and IP-enabled voice services, ensuring broad applicability.
Expected Effects
The primary effect of this bill is to expedite the process of obtaining location information in emergency situations. This could lead to faster response times and improved outcomes in cases involving imminent danger.
It also establishes a legal framework for these disclosures, balancing the need for public safety with privacy considerations. This aims to provide clarity and consistency for both law enforcement and service providers.
However, the increased access to location data raises concerns about potential misuse and the erosion of individual privacy.
Potential Benefits
- Improved Emergency Response: Faster access to location information can significantly reduce response times in emergencies.
- Enhanced Public Safety: The ability to locate individuals at risk of death or serious harm can save lives.
- Clarity for Service Providers: The bill provides a clear legal framework for disclosing location information in specific emergency situations.
- Protection from Liability: Service providers are protected from legal action when providing location information in compliance with the Act.
- Consistency with State Law: The bill does not preempt state laws that require location information disclosure in similar circumstances.
Potential Disadvantages
- Privacy Concerns: Increased access to location data raises concerns about potential misuse and unwarranted surveillance.
- Potential for Abuse: The broad definition of 'emergency situation' could be exploited to obtain location information without sufficient justification.
- Burden on Law Enforcement: The requirement to maintain records of location information requests could create an administrative burden for law enforcement agencies.
- Risk of False Positives: Inaccurate location data could lead to misdirected emergency responses and potential harm to innocent individuals.
- Lack of Transparency: The bill does not include provisions for notifying individuals when their location information has been disclosed.
Most Disadvantaged Areas:
Constitutional Alignment
The Kelsey Smith Act potentially implicates the Fourth Amendment, which protects against unreasonable searches and seizures. The Act's provision for emergency disclosure of location information could be viewed as an exception to the warrant requirement, justified by exigent circumstances.
However, the scope of the 'emergency situation' exception must be carefully balanced against individual privacy rights. The Act's record-keeping requirements for law enforcement agencies could help ensure accountability and prevent abuse.
Additionally, the Tenth Amendment reserves powers not delegated to the federal government to the states, and the bill acknowledges state laws regarding location information disclosure.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).