H.R. 3825 — Kelsey Smith Act

This section requires providers of covered services—commercial mobile service or IP-enabled voice service—to disclose without delay the available location information of a telecommunications device to an investigative or law enforcement officer or public safety answering point (PSAP) agent upon request asserting (1) the device placed a 9-1-1 call requesting emergency assistance in the preceding 48-hour period or (2) reasonable suspicion that the device is possessed by an individual in an emergency situation involving risk of death or serious physical harm. The section further requires the requesting officer's agency to maintain records of each request, including the officer's or agent's name, request description, and declaration of need; provides a hold-harmless clause shielding compliant providers from civil or administrative liability; and clarifies that the requirement does not exempt providers from applicable state laws mandating disclosures in similar emergency circumstances. (Investigative or law enforcement officer has the meaning given in 18 U.S.C. 2510.) The section makes conforming changes to existing permitted disclosure provisions and cross-references in Section 222.

This section amends the civil remedy provision of the Stored Communications Act (18 U.S.C. § 2707(a))—which authorizes private civil actions for knowing or intentional violations of restrictions on access to stored electronic communications—to add an exception for disclosures authorized by section 222(d)(2)(C) of the Communications Act of 1934 (i.e., court-ordered disclosures of telecommunications customer proprietary network information). (Thus, telecommunications carriers are exempt from Stored Communications Act civil liability for such disclosures.)