Kelsey Smith Act

Key Points

• This bill requires cell phone companies to immediately share a device's location data with law enforcement during life-threatening emergencies, such as kidnappings or missing person cases, without needing a warrant.
• Police can request location data if the phone was used to call 911 within the last 48 hours, or if an officer has reasonable suspicion that someone with the device faces a risk of death or serious physical harm.
• The law only covers location information — not the contents of calls, texts, or other private data. Location information is defined as data about the current or most recently known position of a device.
• Officers must try to get consent from the phone's owner or their next of kin before requesting data, but they can proceed without it if getting permission isn't possible and delay could increase the risk of death or serious harm.
• Police agencies must keep detailed records of every emergency location request, including the officer's name, the justification for the request, and how consent was obtained or why it was bypassed.
• The bill does not override stronger state laws — if a state already requires carriers to hand over location data in emergencies, that state law still applies. This creates a federal floor, not a ceiling.

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