ACLU Testimony Before the House Energy and Commerce Subcommittee on Communications and Technology Hearing on “Seven Communications Bills,” Including H.R. 4889, the Kelsey Smith Act of 2016

Document Date: April 12, 2016

This is the written testimony of ACLU Staff Attorney Nathan Freed Wessler for the House Energy and Commerce Subcommittee on Communications and Technology April 13 hearing on “Seven Communications Bills,” including the Kelsey Smith Act of 2016 (H.R. 4889). The testimony urges the subcommittee to oppose the current version of the Kelsey Smith Act, which would require telecommunications providers to disclose cell phone location information to law enforcement officers when presented with an emergency request. In its current form, this bill could open the door to abuse of emergency requests at the hands of police or others. The testimony urges that, if the bill moves forward, it should include safeguards to protect personal privacy, including eliminating the mandatory disclosure provision, providing for after-the-fact judicial review, judicial remedies for violation of the law, and notice, and incorporating a probable cause standard for emergency requests.