This bill, titled the Kelsey Smith Act, amends section 2703 of title 18, United States Code, to mandate the emergency disclosure of location information from telecommunication service providers. It defines location information as data concerning a telecommunications device's current or most recently known location, excluding communication content. The primary goal is to enable law enforcement officers or public safety answering points (PSAPs) to obtain this data without delay in critical situations. Disclosure is required under specific circumstances: if the device was used to contact a PSAP for emergency assistance within the preceding 48 hours, or if there is reasonable suspicion that the device is with an individual involved in an emergency situation posing a risk of death or serious physical harm . Furthermore, the request must be accompanied by either the consent of the subscriber or their next of kin, or evidence that reasonable efforts were made to obtain consent, it was not refused, and delaying disclosure would increase the risk of harm. Agencies making such requests are required to maintain detailed records of each request, including the officer's name, the basis for disclosure, and how consent was handled. The bill also clarifies that it does not exempt providers from complying with existing state laws regarding emergency location information disclosure and establishes a priority order for determining next of kin.
This bill, titled the Kelsey Smith Act, amends section 2703 of title 18, United States Code, to mandate the emergency disclosure of location information from telecommunication service providers. It defines location information as data concerning a telecommunications device's current or most recently known location, excluding communication content. The primary goal is to enable law enforcement officers or public safety answering points (PSAPs) to obtain this data without delay in critical situations. Disclosure is required under specific circumstances: if the device was used to contact a PSAP for emergency assistance within the preceding 48 hours, or if there is reasonable suspicion that the device is with an individual involved in an emergency situation posing a risk of death or serious physical harm . Furthermore, the request must be accompanied by either the consent of the subscriber or their next of kin, or evidence that reasonable efforts were made to obtain consent, it was not refused, and delaying disclosure would increase the risk of harm. Agencies making such requests are required to maintain detailed records of each request, including the officer's name, the basis for disclosure, and how consent was handled. The bill also clarifies that it does not exempt providers from complying with existing state laws regarding emergency location information disclosure and establishes a priority order for determining next of kin.