If passed, the bill would require the government to get a warrant before acquiring geolocation information of a US person. It also creates penalties for private individuals who abuse GPS technologies.
“Currently, if a woman’s ex-husband taps her phone, he is breaking the law. This legislation would treat hacking her GPS to track her movements as a similar offence,” reads a 2011 statement on Senator Wyden’s website.
Privacy advocates, including the ACLU, are supporting the bill.
“A lot of Americans don’t understand that their own police departments are monitoring their location by cellphone on a routine basis,” Crump said. “The law hasn’t kept pace with technology and we need more courts to conclude that a warrant based on probable cause is the necessary legal standard.”
presenceit shall be unlawful for any person to--
- `(A) intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, geolocation information pertaining to another person;
- `(B) intentionally disclose, or endeavor to disclose, to any other person geolocation information pertaining to another person, knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph;
In General- No person may acquire the geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued pursuant to rule 41 of the Federal Rules of Criminal Procedure, as amended by section 3, or the amendments made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).