H.R. 1575 — what changed

added “222A. Required emergency disclosure of call location information

added “(a) In general—Notwithstanding section 222, at the request of an investigative or law enforcement officer in accordance with this section, a provider of a covered service shall provide call location information concerning the telecommunications device of a user of such service to such officer.

added “(b) Form of request—A request to a provider of a covered service by an investigative or law enforcement officer for call location information under subsection (a) shall be accompanied by a sworn written statement from such officer stating facts that support such officer’s probable cause to believe that disclosure without delay is required—

added “(1) by an emergency involving risk of death or serious physical injury; or

added “(2) in order to respond to the user’s call for emergency services.

added “(c) Hold harmless—No cause of action shall lie in any court nor shall any civil or administrative proceeding be commenced by a governmental entity against any telecommunications carrier, or its directors, officers, employees, agents, or vendors, for providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) and any regulations promulgated under this section.

added “(d) Court order—Not later than 48 hours after an investigative or law enforcement officer makes a request for call location information under subsection (a), the law enforcement agency of such officer shall request a court order stating whether such officer had probable cause to believe that the conditions described in subsection (b)(1) or subsection (b)(2) existed at the time of the request under subsection (a).

added “(e) Definitions—In this section:

added “(1) Covered service—The term “covered service” means—

added “(A) a commercial mobile service (as defined in section 332); or

added “(B) an IP-enabled voice service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b)).

added “(2) Emergency services—The term “emergency services” has the meaning given such term in section 222.

added “(3) Investigative or law enforcement officer—The term “investigative or law enforcement officer” has the meaning given such term in section 2510 of title 18, United States Code.”

removed Title II of the Communications Act of 1934 (47 U.S.C. 201) is amended by inserting after section 222 the following new section:

removed “222A. Required disclosure of call location information

removed “(a) In General—Notwithstanding section 222, at the request of a law enforcement agency, a telecommunications carrier shall provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d)) or the telecommunications device of the user of an IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b)) to a law enforcement official, in order to respond to the user’s call for emergency services or to respond to an emergency situation that involves the risk of death or serious physical harm.

removed “(b) Hold Harmless—No cause of action shall lie in any court against any provider of a commercial mobile service or an IP-enabled voice service, its officers, employees, or agents for providing call location information under subsection (a) while acting in good faith and in accordance with this section and any regulations promulgated pursuant to this section.

removed “(c) Definitions—For the purpose of this section, the term emergency services has the meaning given such term in section 222.”