‘Kelsey Smith Act’ advances

The proposed “Kelsey Smith Act,” which would permit law enforcement officials to track down missing persons by locating their cell phones, is two votes and a governor’s signature away from becoming law.

Members of a conference committee reached agreement May 5 on HF2639*/ SF2470, which would require cell phone service providers to disclose their customers’ locations in cases where an individual is believed to be missing and at risk of “death or serious physical harm.”

The bill is named after Kansas teenager Kelsey Smith, who was abducted and killed in 2007. Smith’s body was found after her parents compelled her cell phone company to track down her phone’s location.

Using cell site towers, a cell phone company can triangulate the location of a cell phone or other wireless device. Federal law already allows cell phone companies to disclose the information to law enforcement officials in emergencies; the bill makes this a mandate. Disclosure of information on a cell phone’s geographical location would require a written request from a law enforcement agency.

During conference committee, much of the discussion focused on data privacy issues. Rep. Joe Hoppe (R-Chaska) offered and then withdrew an amendment that would have required law enforcement authorities to treat certain call location information as private data.

Hoppe said the concern was that a person who didn’t want to be found, such as someone in an abusive relationship, might have their location information revealed when it becomes public data as part of a law enforcement investigation; however, Hoppe and other conferees agreed the issue would be better addressed through separate legislation.

The conference committee adopted a delete-all amendment that included mostly technical changes to the bill’s language.

The bill now returns to the House and Senate floors for concurrence. Rep. Sheldon Johnson (DFL-St. Paul) and Sen. Yvonne Prettner Solon (DFL-Duluth) are the sponsors.