H.R. 1575, the Kelsey Smith Act

On April 15, 2013, Reps. Yoder, Pompeo, Jenkins, and Cleaver introduced H.R. 1575, the Kelsey Smith Act.  As introduced, H.R. 1575 requires certain communications providers to share call location information with a law enforcement official when the information is necessary to respond to an emergency call or in an emergency situation that involves risk of death or serious physical harm.  The bill also provides liability protection for communications providers that act in good faith and in accordance with the terms of the bill.

On July 29 and 30, 2014, the Committee on Energy and Commerce met to mark up H.R. 1575, even though the Subcommittee on Communications and Technology had not held a hearing or marked up the bill.  Because of the truncated process, Committee members had not had the opportunity to examine many complex issues, such as consumer privacy regarding call location data and due process involving warrantless search and seizure. 

On July 30, 2014, Chairman Walden offered an amendment in the nature of a substitute, adding new protections to ensure that a request made under the bill must be accompanied by a sworn written statement on the probable cause for such an emergency disclosure and that a court order must be sought within 48 hours after the request has been made. The Committee voted to report the bill, as amended, by a voice vote on July 30, 2014.