Lawmakers push bill to limit GPS tracking

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 ChaffetzTop Utah paper knocks Chaffetz as he mulls run for governor: ‘His political career should be over’ Boehner working on memoir: report Former GOP lawmaker on death of 7-year-old migrant girl: Message should be ‘don't make this journey, it will kill you' MORE (R-Utah), Jim SensenbrennerFrank (Jim) James SensenbrennerGreedy tort bar tarts up the CREATES Act Congress must take the next steps on federal criminal justice reforms Time to protect small businesses from internet sales tax rush MORE (R-Wis.), John Conyers (D-Mich.) and six other lawmakers introduced the bill in the House. Sens. Ron WydenRonald (Ron) Lee WydenHigh stakes as Trump, Dems open drug price talks Dem lawmaker: 'Trump's presidency is the real national emergency' Dems introduce bill to take gender-specific terms out of tax code to make it LGBT-inclusive MORE (D-Ore.) and Mark KirkMark Steven KirkThe global reality behind 'local' problems Dems vow swift action on gun reform next year This week: Trump heads to Capitol Hill MORE (R-Ill.) introduced companion legislation in the Senate.

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In addition to the warrant requirement, the bill would make it a crime to use an electronic device to surreptitiously track a person's location. The provision is aimed at preventing a jealous boyfriend from installing a stalking app on his girlfriend's phone, for example. Companies would also need their user's permission to collect location data or share it with third parties under the bill.

“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 FrankenAlan (Al) Stuart FrankenVirginia can be better than this Harris off to best start among Dems in race, say strategists, donors Virginia scandals pit Democrats against themselves and their message 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.