By Brendan Sasso - 03/21/13 04:36 PM EDT
A bipartisan group of lawmakers introduced legislation on Thursday that would require police to obtain a warrant to collect location data from a person's cellphone, tablet, car or other electronic device.
The Geolocation Privacy and Surveillance (GPS) Act would cover both real-time tracking of people's movements as well as collecting past location records from cellphone service providers.
Reps. Jason ChaffetzJason ChaffetzHouse panel tells fed agency to stop selling recalled cars Trump's big worry isn't rigged elections, it's GOP establishment State pushes back on GOP calls for 'quid pro quo' investigation MORE (R-Utah), Jim SensenbrennerJames SensenbrennerGOP rep heckled at Ryan fundraiser The tough on crime era needs to end Shift in care could reverse the opioid epidemic MORE (R-Wis.), John Conyers (D-Mich.) and six other lawmakers introduced the bill in the House. Sens. Ron WydenRon WydenSenators urge resolution of US, Canada softwood lumber deal What the 'Bernie Sanders wing of the GOP' can teach Congress Wyden seeks IRS info on firms linked to Panama Papers MORE (D-Ore.) and Mark KirkMark KirkGreat Lakes senators seek boost for maritime system GOP senators avoid Trump questions on rigged election Iran sending ships to Yemeni coast after US ship fires at Houthi sites MORE (R-Ill.) introduced companion legislation in the Senate.
“New technologies are making it increasingly easy to track and log the location of individuals. We need to make sure laws are keeping up with technology to protect our privacy,” Chaffetz said in a statement. “Put simply, the government and law enforcement should not be able to track somebody indefinitely without their knowledge or consent or without obtaining a probable cause warrant from a judge.”
Wyden agreed that privacy laws have not kept pace with new technologies.
“The GPS Act provides law enforcement with a clear mandate for when to obtain a warrant for the geolocation information of an American," Wyden said. "It also provides much-needed legal clarity for commercial service providers who often struggle to balance the privacy of their customers with requests for information from law enforcement. Finally, it protects the privacy and civil liberty of any American using a GPS-enabled device.”
The bill includes an exception to the warrant requirement for emergencies or national security.
The bill is backed by the American Civil Liberties Union, Grover Norquist's Americans for Tax Reform, the Competitive Enterprise Institute, the Electronic Frontier Foundation and the Computer and Communications Industry Association.
The Supreme Court ruled last year in United States v. Jones that planting a GPS device on a suspect's car qualifies as a "search" under the Fourth Amendment. But how that decision applies to cellphones and the extent of the requirements it imposes on police remain unclear.
A federal appeals court ruled last August that, despite the Supreme Court's decision, police do not need a warrant to track the location of a suspect's phone. The court concluded that planting a GPS device is more of an invasion of privacy than collecting a phone's location data from the provider.
Rep. Zoe Lofgren (D-Calif.) has also introduced legislation that would require police to obtain a warrant before accessing mobile location data or private online communications like emails.
Sen. Al FrankenAl FrankenGretchen Carlson to testify before Congress Great Lakes senators seek boost for maritime system Court ruling could be game changer for Dems in Nevada MORE (D-Minn.) is pushing his own bill that would require companies to get a customer's consent before collecting or sharing mobile location data.
—Updated at 2:11 p.m.