Bipartisan bill would end government's warrantless GPS tracking

Under a new bill dubbed the “GPS Act,” law enforcement officials would no longer be able to obtain geolocation data from cellphones and GPS tracking devices without a warrant.

“I take the Fourth Amendment very seriously,” said Rep. Jason Chaffetz (R-UT) at a press conference announcing the bill. “The law enforcement community is going too far” by using GPS trackers without a warrant, he said. “I happen to think that’s wrong.”

Sen. Ron Wyden (D-OR), the lead Senate sponsor of the legislation, said that the US was trying to “race a technological Indy 500” with laws “out of the horse-and-buggy era.” Providing clear rules and tighter privacy protections on geolocation data should benefit everyone, including law enforcement, he said—even if some investigators don’t immediately see it that way.

Under the new bill, geolocation data obtained from devices like tablets, smartphones, and GPS trackers would be held to the same standard as a wiretap request; police can go to court, show probable cause, and obtain a warrant if they need access to such information. The current mishmash of court rulings about the legality of warrantless location tracking would be brought into uniformity, though the warrant standard would be relaxed in certain exceptional cases such as emergencies and 911 calls, among other situations.

In addition to laying down a warrant standard for obtaining location data, the law would also apply both to private companies and to individuals. Without a warrant, companies would need consent in order to share a user’s geolocation data with anyone else. The bill would also criminalize those who stalk other people by inserting stealth apps on their phones or computers.

“This is what we’re supposed to be doing: working in a bipartisan, bicameral way,” said Chaffetz.

The GPS Act has already rounded up support from CCIA, a DC trade group that represents major tech players like Microsoft. “CCIA supports this long overdue reform that creates clear rules for a 21st century mobile wireless space marked so far by chaos and misunderstandings,” said CEO Ed Black in a statement.

“It balances Americans’ privacy protections with the legitimate needs of law enforcement, and maintains emergency exceptions. The bill creates a universal warrant standard for all geolocation information, regardless of how or when it is obtained, sending a clear signal to users that this information is protected.”