Kelsey Smith Act
Summary
What This Bill Does
The Kelsey Smith Act requires an electronic communication service provider to give available location information for a telecommunications device to a law-enforcement officer, or a public safety answering point acting for that officer, without delay when statutory emergency conditions are asserted. A request qualifies if the device contacted a public safety answering point for emergency help during the prior 48 hours or the officer reasonably suspects the device is with a person facing a risk of death or serious physical harm.
The officer must also assert that the subscriber or customer consented, that an available next of kin consented, or that reasonable efforts to obtain consent produced neither consent nor refusal and delay could increase the danger. The requesting investigative agency must keep a record naming the officer or agent, declaring which emergency and consent conditions were met, explaining the need, and documenting who consented or what efforts were made. The bill preserves stronger state emergency-disclosure laws.
For consent purposes, next of kin are ranked as legal spouse, adult children by age, parents, adult siblings by age, grandparents, and other relatives under state descent law. The bill defines location information as current or most recently known device-location data but excludes communication contents. It also defines telecommunications device and public safety answering point.
Who Benefits and How
People facing death or serious physical harm benefit when responders can obtain available device location data without waiting for ordinary legal process. Law-enforcement emergency investigators and public safety answering points benefit from a clear federal request pathway. Subscribers and families benefit from consent protections and a defined next-of-kin order, although the emergency exception can proceed after unsuccessful consent efforts when delay increases risk.
Who Bears the Burden and How
Electronic communication providers must identify and disclose available location information without delay for qualifying requests. Investigative agencies must verify the statutory assertions and retain detailed request records. Officers and public safety answering point agents must seek consent or document reasonable efforts and emergency necessity. Telecommunications subscribers bear a privacy risk when location is disclosed without affirmative consent under the narrow no-response emergency pathway.
Key Provisions
- Covers devices that contacted emergency services in the prior 48 hours or are linked to a suspected life-threatening emergency.
- Requires available location information to be disclosed without delay after a qualifying official request.
- Requires subscriber or next-of-kin consent unless reasonable efforts yield neither consent nor refusal and delay increases danger.
- Requires investigative agencies to preserve detailed records of each request.
- Preserves applicable state emergency location-disclosure laws.
- Establishes a ranked next-of-kin order for consent.
- Defines location information while excluding communication contents.
- Defines telecommunications device and public safety answering point.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Requires electronic communication providers to disclose available device location information without delay for qualifying life-threatening emergencies while imposing consent conditions and request-record requirements on law enforcement.
Key Policy Areas
Emergency Response, Telecommunications, Law Enforcement, Location Privacy, Public Safety
Primary Purpose
Requires electronic communication providers to disclose available device location information without delay for qualifying life-threatening emergencies while imposing consent conditions and request-record requirements on law enforcement.
Policy Domains
Section 2 emergency device-location disclosure
Identified Gains
- People facing life-threatening emergencies
- Law-enforcement emergency investigators
- Public safety answering points
- Families searching for missing relatives
Identified Costs
- Electronic communication service providers
- Investigative agency records staff
- Emergency location-request officers
- Telecommunications subscribers whose location is disclosed
Sponsors
Legislative Progress
In CommitteeReferred to the House Committee on the Judiciary.
Introduced in House
Mr. Schmidt (for himself, Ms. Davids of Kansas, Mr. Estes, …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Emergency location-request officers, Investigative agency records staff, Law-enforcement emergency investigators
Families searching for missing relatives, People facing life-threatening emergencies
Electronic communication service providers, Telecommunications subscribers whose location is disclosed
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "officer"
- → Investigative or law-enforcement officer acting in official duties
- "provider"
- → Provider of electronic communication service
- "subscriber"
- → Subscriber or customer associated with the telecommunications device
- "public_safety_answering_point"
- → Emergency call center acting on behalf of an officer
Key Definitions
Terms defined in this bill
Current or most recently known device-location data generated, derived, or obtained from device operation, excluding communication contents.
Customer-premises equipment as defined in the Communications Act of 1934.
A public safety answering point as defined by the Wireless Communications and Public Safety Act.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology