S 1164, Location Privacy Protection Act of 2001.
Sponsor: Sen. John Edwards (D-NC).
Date introduced: July 11, 2001.
Source: Congressional Record.

S. 1164

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


This Act may be cited as the ``Location Privacy Protection Act of 2001''.


Congress makes the following findings:

(1) Location-based services and applications allow customers to receive services based on their geographic location, position, or known presence. Telematics devices, for instance, permit subscribers in vehicles to obtain emergency road assistance, driving directions, or other information with the push of a button. Other devices, such as those with Internet access, support position commerce in which notification of points of interest or promotions can be provided to customers based on their known presence or geographic location.

(2) There is a substantial Federal interest in safeguarding the privacy right of customers of location-based services or applications to control the collection, use, retention of, disclosure of, and access to their location information. Location information is nonpublic information that can be misused to commit fraud, to harass consumers with unwanted messages, to draw embarrassing or inaccurate inferences about them, or to discriminate against them. Improper disclosure of or access to location information could also place a person in physical danger. For example, location information could be misused by stalkers or by domestic abusers.

(3) The collection or retention of unnecessary location information magnifies the risk of its misuse or improper disclosure.

(4) Congress has recognized the right to privacy of location information by classifying location information as customer proprietary network information subject to section 222 of the Communications Act of 1934 (47 U.S.C. 222), thereby preventing use or disclosure of that information without a customer's express prior authorization.

(5) There is a substantial Federal interest in promoting fair competition in the provision of wireless services and in ensuring the consumer confidence necessary to ensure continued growth in the use of wireless services. These goals can be attained by establishing a set of privacy rules that apply to wireless location information, regardless of technology, and to all entities and services that generate or receive access to such information.

(6) It is in the public interest that the Federal Communications Commission establish comprehensive rules to protect the privacy of customers of location-based services and applications and thereby enable customers to realize more fully the benefits of location services and applications.


(a) RULEMAKING REQUIRED.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall complete a rulemaking proceeding for purposes of further protecting the privacy of location information.


(c) APPLICATION OF RULES.--The rules prescribed by the Commission under subsection (a) shall apply to any person that provides a location-based service or application, whether or not such person is also a provider of commercial mobile service (as that term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

(d) RELATIONSHIP TO WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999.--The rules prescribed by the Commission under subsection (a) shall be consistent with the amendments to section 222 of the Communications Act of 1934 (47 U.S.C. 222) made by section 5 of the Wireless Communications and Public Safety Act of 1999 (Public Law 106-81; 113 Stat. 1288), including the provisions of section 222(d)(4) of the Communications Act of 1934, as so amended, permitting use, disclosure, and access to location information by public safety, fire services, and other emergency services providers for purposes specified in subparagraphs (A), (B), and (C) of such section 222(d)(4).


(f) DEFINITIONS.--In this section: