Emergency location tracking: faster 911 response, weaker privacy protection
H.R. 3825 — Kelsey Smith Act · Filed by Derek Schmidt (R-KS) · 3 cosponsors · Introduced Jun 6, 2025 · Referred to committee
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What it does
This bill amends the Communications Act to require cell phone and internet voice service providers to disclose a user's location to law enforcement or emergency dispatchers without delay when: (1) the device placed a 911 call in the past 48 hours, or (2) law enforcement asserts reasonable suspicion the device belongs to someone in an emergency involving risk of death or serious harm. Providers are shielded from lawsuits for complying. The bill is named after Kelsey Smith, a kidnapping victim whose case might have been resolved faster with location data.
Why we flagged it
The bill's core function is to mandate (not merely permit) carriers to disclose device location to law enforcement and 911 dispatchers in emergency situations, overriding existing privacy restrictions in the Communications Act. This is a public-safety measure that trades privacy for emergency response speed.
What the text implies
- The 'reasonable suspicion' standard in subsection (A)(ii) is lower than the 'probable cause' standard required for traditional warrants, potentially enabling location tracking in ambiguous emergency claims without judicial review.
- Carriers are granted absolute immunity (hold harmless clause) for location disclosures, removing any incentive for carriers to scrutinize law enforcement requests or challenge overreach.
- The 48-hour lookback window for 911 calls creates a broad temporal window during which location can be disclosed retroactively, not just in real-time emergencies.
- State law is preserved as a floor (not a ceiling), meaning states can impose stricter requirements, but the federal mandate preempts any state privacy protections that would restrict emergency disclosure.
- No audit, reporting, or transparency requirement is imposed on law enforcement agencies regarding how often they invoke this power or what outcomes result.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
Citizens gain faster emergency response when 911 is called or they are in life-threatening situations, potentially saving lives. However, citizens lose privacy protection over their location data in emergency contexts, and the 'reasonable suspicion' standard for non-911 emergencies is subjective and could enable overreach without a warrant or court order.
Named in the bill
Communications Act of 1934, Section 222, Wireless Communications and Public Safety Act of 1999, Title 18 U.S.C. § 2510, Title 18 U.S.C. § 2703, Commercial mobile service providers, IP-enabled voice service providers, Law enforcement agencies, Public safety answering points (911 dispatchers)
Where it stands
3 cosponsors: 2 Republicans, 1 Democrats.
- Jun 6, 2025 — Introduced · Congress.gov: “Introduced in House”
- Jun 6, 2025 — Referred to House Committee on the Judiciary and House Committee on Energy and Commerce · Congress.gov: “Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a…”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (4,693 characters) on Sep 5, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-21.
“Emergency location tracking: faster 911 response, weaker privacy protection” QuorumCivic. https://share.quorumcivic.app/bill/119/hr3825 Report an error
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