H.R. 7752: Kelsey Smith Act

This bill, known as the Kelsey Smith Act, aims to amend the legal framework regarding the disclosure of location information by electronic communication service providers to law enforcement or public safety agencies in emergency situations.

Key Provisions

• Emergency Disclosure Requirement: The bill requires that providers of electronic communication services must provide location information of a telecommunications device without delay to law enforcement officers or public safety answering points (such as 911 dispatchers) upon request during emergencies.
• Conditions for Disclosure:
  • Location information must be provided if the device was used to contact a public safety answering point within the last 48 hours.
  • Alternatively, if there is reasonable suspicion that the device is with someone involved in an emergency posing a risk of death or serious harm, information should be disclosed.
• Consent for Disclosure:
  • Disclosure requires consent from the subscriber or customer of the service. If they are unavailable, consent from their next of kin can be sought.
  • If consent cannot be obtained in time, law enforcement may still proceed if they believe that delaying the request could increase the risk of death or serious physical harm.
• Record Keeping: The law enforcement agency must maintain a record of any requests made for location information. This record will include details such as the officer's name, reasons for the request, and confirmation of consent or attempts to obtain it.
• State Law Compliance: The bill clarifies that it does not exempt service providers from complying with state laws that require them to disclose location information under specific circumstances.
• Determining Next of Kin: The legislation outlines a priority order for determining next of kin for consent purposes, which begins with the legal spouse and then follows a specific hierarchy of relatives.

Overall Impact

The bill is designed to enhance the ability of law enforcement to respond to emergencies by ensuring that they can quickly obtain the location of telecommunications devices. This is particularly relevant in situations where lives may be at risk and timely information can lead to quicker response efforts.

Relevant Companies

• T - AT&T Inc.: As a major telecommunications provider, AT&T may need to adjust its protocols for disclosing location information to comply with the new requirements.
• VZ - Verizon Communications Inc.: Verizon will likely be impacted as the bill mandates how they handle emergency requests for location data from law enforcement.
• SQ - Square, Inc.: Companies offering electronic communication services, like Square, could be required to amend their systems for compliance with location data disclosures under emergencies.