Pinging mobile phon...
 
Notifications
Clear all

Pinging mobile phones

2 Posts
2 Users
0 Reactions
738 Views
(@trewmte)
Noble Member
Joined: 19 years ago
Posts: 1877
Topic starter  

Pinging mobile phones

http//house.mo.gov/billtracking/bills121/biltxt/intro/HB1108I.htm

SECOND REGULAR SESSION
HOUSE BILL NO. 1108
96TH GENERAL ASSEMBLY

Be it enacted by the General Assembly of the state of Missouri, as follows

Section A. Chapter 392, RSMo, is amended by adding thereto one new section, to be known as section 392.415, to read as follows

392.415. 1. Upon request, a telecommunications carrier shall provide call location information concerning the user of a telecommunications service, including a wireless telecommunications service, in an emergency situation to a law enforcement official or agency in order to respond to a call for emergency service by a subscriber, customer, or user of such service, or to provide caller location information (or do a ping locate) in an emergency situation that involves danger of death or serious physical injury to any person where disclosure of communications relating to the emergency is required without delay.

2. No cause of action shall lie in any court of law against any telecommunications carrier or telecommunications service, or its officers, employees, agents, or other specified persons, for providing any information, facilities, or assistance to a law enforcement official or agency in accordance with the terms of this section.

—————–

Relevant Chapter 392 where section 392.415 would be placed
http//www.moga.mo.gov/statutes/chapters/chap392.htm

—————–
Background to this Bill Enactment

A House Committee has heard testimony on a bill that would clear the way for cell phone companies to provide cell phone location information to law enforcement in certain missing persons cases.

The language of House Bill 1108 has been introduced three previous times in Missouri, and has been passed out of the House but never out of the Senate. It would require companies to locate, or “ping” a cell phone, when law enforcement requests that information in emergencies in which a missing person is in danger of serious physical injury or death. It also protects cell phone companies from being sued for providing that information under the guidelines of the bill.

Missey and her husband, Greg Smith, are proponents of the bill commonly named for their daughter Kelsey, who was kidnapped from Overland Park, Kansas and found murdered in southern Jackson County in 2007.

Greg, now a legislator in Kansas, says if such language had been law then Kelsey might have been saved. “June 2, 2007 was the night she went missing and she was found four days later … Once that information was released by the cell phone company it only took forty-five minutes to recover her body.” A former police officer, he adds, “If you can get that kind of response in a missing person case, that’s just absolutely light years ahead of what we’re doing right now.”

http//www.missourinet.com/2012/02/03/bill-would-require-pings-of-missing-persons-cell-phones/


   
Quote
hcso1510
(@hcso1510)
Reputable Member
Joined: 15 years ago
Posts: 303
 

Greg,

I learned of this a couple of weeks ago. Apparently at least five states have similar Bills which all originate from the 2007 Kelsey Smith incident. In Tennessee it is Senate Bill 2413. http//www.capitol.tn.gov/Bills/107/Bill/SB2413.pdf

A current Federal Law currently covers this, 18 USC 2702 b 6 c. The language states an entity “may” provide this information “if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.” I can’t speak to what practices were in play back in 2007, but since 2008 I have never had a problem obtaining assistance from a provider when I had a legitimate emergency. I’ve tried to push the envelope a couple of times, they caught me and they were right to do so.

After hearing of this I was able to speak to a couple of the Tennessee State legislators and advised them of the current Federal law. I also mentioned that not all providers can provide “GPS or geolocation data” on their handsets. I have a feeling that many get Federally mandated E911 capabilities and what a carrier can do to be interchangeable?

The Kelsey Smith incident was a tragedy, but I believe much of this “reactionary” legislation was enacted without consulting industry experts.


   
ReplyQuote
Share: