Official U.S. Government information about theGeolocation Privacy Legislation
Updated April 10, 2013
Current federal statute does not provide clear protection of personal location information. For example, police may not need warrants to track suspects with GPS-based devices. Courts are divided on whether geolocation privacy falls under the Fourth Amendment's protection from unreasonable searches and seizures. Learn more...
Increasing concerns about the potential misuse of geolocation information have led members of Congress to introduce legislation addressing this issue. These include the Geolocation Privacy and Surveillance Act ("GPS Act") and the Online Communications and Geolocation Protection Act.
GPS Act
The Geolocation Privacy and Surveillance Act seeks to establish a legal framework that gives government agencies, commercial entities, and private citizens clear guidelines for when and how geolocation information can be accessed and used.
The bill would create a process whereby government agencies can get a probable cause warrant to obtain geolocation information in the same way that they currently get warrants for wiretaps or other types of electronic surveillance.
In addition, the GPS Act would prohibit businesses from disclosing geographical tracking data about its customers to others without the customers' permission.
Bill Status
On March 21, 2013, Senators Ron Wyden (D-OR), Mark Kirk (R-IL), and Congressman Jason Chaffetz (R-UT) reintroduced the legislation for the 113th Congress. The bills were referred to each chamber's judiciary committee and the House intelligence committee.
Sen. Wyden and Rep. Chaffetz originally introduced the legislation during the 112th Congress, but it was not considered.
Online Communications and Geolocation Protection Act
View bill info at congress.gov:
The Online Communications and Geolocation Protection Act contains many of the same provisions as the GPS Act, but also includes safeguards for online communications.
Bill Status
On March 6, 2013, Representatives Zoe Lofgren (D-CA), Ted Poe (R-TX), and Suzan DelBene (D-WA) reintroduced the legislation for the 113th Congress. The bills were referred to the judiciary and intelligence committees.
Rep. Lofgren originally introduced the legislation as the ECPA 2.0 Act of 2012 during the 112th Congress, but it was not considered.
Location Privacy Protection Act
View bill info at congress.gov:
The Location Privacy Protection Act of 2012 would prohibit companies from collecting, receiving, recording, obtaining, or disclosing geolocation information from an electronic communications device without the user's express authorization.
It has been referred to as the "Stalking Apps" bill due to its focus on protecting women and girls from GPS-enabled mobile applications used by cyberstalkers.
Bill Status
Senator Al Franken (D-MN) introduced the legislation during the 112th Congress and it passed the Senate Judiciary Committee in December 2012. Sen. Franken has announced his intent to reintroduce the bill during the 113th Congress.
