The Alaska House Majority passed House Bill 316, also known as the Kelsey Smith Act, a measure requiring telecommunications companies to immediately respond to law enforcement requests for location information of victims who are in an ongoing emergency that involves risk of death or serious physical harm.
Similar measures have passed in 30 states, and are currently pending in three others.
On June 2, 2007, Kelsey Smith was abducted in broad daylight from a Target store in Overland, Kansas. She was raped and murdered. The abduction was captured on the store’s security camera, which made it clear there was a dire emergency of a life-and-death nature. Four days after she disappeared, authorities were able to locate Kelsey’s body after her wireless provider finally, under pressure, released call information from her cell phone. The story was featured on America’s Most Wanted.
“The abduction and murder of Kelsey Smith is heartbreaking and should never happen again. In life-or-death situations it is paramount that our law enforcement agencies have access to life-saving resources; and the fear of legal liability should never stand in the way of rescuing a victim from a life-threatening situation,” said the sponsor of the bill, Rep. Craig Johnson.
The Kelsey Smith Act would make it clear that law enforcement officials, not a phone company, are able to determine if a person is in an actual emergency situation.
While privacy is important, this legislation attempts to balance the ability of law enforcement to help people in grave danger, while ensuring checks are in place to guard against government overreach, Johnson said.
The bill was voted on with 38 yeas, one nay (Rep. David Eastman), and one absent (Rep. Bryce Edgmon). The bill is now in the Senate for consideration.
