Plain English Summary
The Kelsey Smith Act authorizes wireless telecommunications carriers to provide call location information to law enforcement officers without a warrant in two emergency situations: when a device was used to place a 911 call, or when there is reasonable suspicion the device belongs to someone in immediate danger of death or serious physical harm. The bill also requires wireless carriers to register emergency contact information with the State Bureau of Investigation to facilitate these requests.
Arguments in Favor
Supporters argue this bill enables faster emergency response by allowing law enforcement to locate people in life-threatening situations without the delay of obtaining a warrant. They contend it could save lives in cases involving missing persons, kidnappings, or individuals in medical emergencies, while still limiting requests to specific emergency circumstances. The bill protects wireless carriers from legal liability when they comply in good faith, encouraging cooperation with public safety.
Arguments Against
Opponents express concern that the 'reasonable suspicion' standard for emergency situations is vague and could be broadly interpreted, potentially allowing location tracking without traditional legal safeguards like warrants. They worry the provision may enable surveillance overreach and set a precedent for eroding privacy protections, particularly for vulnerable populations. Critics also note the bill allows carriers to voluntarily disclose location data beyond these emergency situations, which could expand tracking without clear limitations.
AI-generated analysis based on bill text. Always verify with official sources at ncleg.gov. This is not legal or political advice.
Sponsors
Primary Sponsor
Representative · District 52
Primary Sponsor
Representative · District 43
Primary Sponsor
Representative · District 5
Primary Sponsor
Representative · District 82
Cosponsors (8)
Representative · District 64
Representative · District 95
Representative · District 62
Representative · District 15
Representative · District 86
Representative · District 109
Representative · District 68
Representative · District 73
Vote Breakdown (1 roll call)
Final Vote
On: Second Reading
Party Breakdown