Setting Rules for Tracking an Individual by GPS (H.R. 1312)

What is H.R. 1312?

(Updated July 18, 2017)

Updates the issue of tracking an individual's location--a topic not addressed by legislation since pagers were hi-tech. If passed, the bill would require probable cause and an accompanying warrant before government agencies could obtain private geolocational information on an individual, either through a mobile device or by the placement of a tracking bug. 

Argument in favor

Addresses Fourth Admendment controversy of police attaching GPS locators to suspects' vehicles without warrants.

Argument opposed

Would limit the flexibility and quickness of law enforcement in tracking subjects in certain, non-emergency instances.

Impact

The bill applies to all domestic law enforcement acquisitions of the geolocation information of individual Americans without their knowledge.

Cost of H.R. 1312

A CBO cost estimate is not available at this time.

Additional Info

Media:

The Hill

Wikipedia: The GPS Act 

Of Note:

-Co-sponsored by a bipartisan group of legislators, the bill creates a legal framework designed to give government agencies, commercial entities, and private citizens clear guidelines for when and how geolocation information can be accessed and used.

-The bill has set forth certain exceptions under which the acquisition of private tracking data by private or public entities would not be unlawful:

   As a response to theft, and for the purpose of tracking stolen merchandise; 

   As a personal safety net for children, as set forth by a parent or legal guardian;

   In the case of emergency, where the individual has either personally requested assistance or is in known peril;

   When the tracking information in question has been publicly broadcast.