In This Issue
Lobbyit's recent activity on behalf of NCISS consisted significantly of preparation for NCISS's 2018 "Hit the Hill" Congressional fly-in, including updating legislative advocacy materials, touching base with target offices, securing a meeting space, and arranging meetings for the NCISS board with key congressional officials.

Remember to Register for Hit the Hill 
& NCISS Annual Meeting
NCISS Hit the Hill / Annual Meeting

Date:  Sunday, March 18, 2018 - Wednesday, March 21, 2018

Location:  Residence Inn Marriott
                  2850 South Potomac Avenue
                  Arlington, VA

                   Deadline for hotel reservations February 23, 2018

  • Sunday, March 18 - Arrival
  • Monday March 19 - Board Meeting, Annual Meeting, Elections, Evening Welcome Reception
  • Tuesday March 20 - Breakfast, Legislative Hit the Hill Briefing, Hit the Hill Appointments, US Capitol Luncheon, and ending the day with an Afternoon Reception

~~Luncheon presentation of the John J. Duffy Memorial Achievement Award to the US Capitol Police Officers Crystal Griner and David Bailey. the officers who saved the life of House Majority Whip Steve Scalise at the Congressional softball practice in Alexandria, VA on June 14, 2017~~

  • Wednesday March 21 - Educational Seminars, President's Luncheon, Awards, Swearing in of New Officers, and New Officer Board Meeting
  • Thursday March 22 - Departure

The GPS Act 
For the last two Congresses, Lobbyit and NCISS have been tracking The GPS Act, legislation prohibiting the use of global positioning systems for tracking individuals or vehicles except under certain tightly proscribed circumstances.

NCISS members will recall previous dispatches on this legislation, noting that it was sponsored by Senator Wyden in the Senate (D-Or), and Congressman Chaffetz (R-Ut) in the House.  As such, it had sponsors from very different ends of the political spectrum.

Upon Congressman Chaffetz's retirement in late 2017, we hoped the bill would die a quiet death in the House.  While prospects for passage are still somewhat remote -- in either Chamber -- this legislation received a new lease on life in the house with its re-introduction by Congressman Blake Farenthold (R-Tx).  Like Cong. Chaffetz, Farenthold is considered a more doctrinaire conservative, and the renewed introduction of the legislation gave cause for concern.

Then, in recent weeks, Cong. Farenthold announced he would not seek reelection in 2018, likely attributable to some form of sexual harassment settlement he reached with a former employee.  It was reported that he previously settled such charges against him, paid for out of taxpayer funds.

On a side note, it has long been rumored in the Nation's Capital that the Washington Post was on the cusp of publishing stories naming up to 50 Members of Congress who reached similar settlements over the last decade. Such stories have yet to issue, but are expected imminently.  

So, while again we find ourselves in a situation where the primary House sponsor of the GPS Act is on his way out of Congress, our discomfort persists in that such Members might pressure leadership to pass this bill as part of their legacy.

In the Senate, the GPS Act has changed somewhat, in that a new exception is included for those using GPS "in the normal course of business". Even this exception, however, is narrowly drawn, and would not likely afford NCISS members any protection.The House bill has no such provision.

In addition to discussing the prospects for legislative hearings with the committees of jurisdiction in both the House and Senate (there are no current plans for movement), Lobbyit also spoke with counsel for the legislation's sponsors in both Chambers.  Both are willing to consider language carving out private detectives from the larger prohibitions, and both are willing to sit down with NCISS members when you are in DC in March.

Lobbyit will arrange these meetings, but we encourage you to go and see your Members of Congress, as well!

National Council of Investigative and Security Services
7501 Sparrows Point Blvd.
Baltimore, MD 21219

S. 395 - (Wyden, D-Or) Geolocational Privacy and Surveillance Act, or GPS Act -- 
House companion - H.R. 3470 (Farenthold, R-Tx-27)
This bill makes it unlawful to intentionally intercept the geolocation information of another person; intentionally disclose or use geolocation information knowing or having reason to know that it was obtained in violation of this bill; or intentionally disclose geolocation information knowing or having reason to know it was obtained as part of a criminal investigation with the intent to improperly obstruct with a duly authorized criminal investigation.
There are several exceptions to this prohibition against intercepting geolocation information: (1) information obtained in the normal course of business, (2) information obtained while conducting foreign intelligence surveillance, (3) consent, (4) information readily available to the public, (5) theft or fraud involving the device, (6) issuance of a warrant, and (7) emergency circumstances.
Geolocation information shall not be used as evidence in a legal proceeding when disclosure of such information would be in violation of this bill.
The bill creates a civil cause of action for any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this bill.
The bill makes it a criminal offense to knowingly and intentionally obtain, or attempt to obtain, global positioning system (GPS) records from a geolocation information service through fraud or by other means. It also makes it unlawful to intentionally and knowingly sell or transfer GPS records without the consent of the customer. 
H.R. 387 - Email Privacy Act
Representative Kevin Yoder (R-KS03) introduced the Email Privacy Act in the House on January 9, 2017. On February 7, 2017, the bill was received in the Senate and referred to the Committee on Judiciary. The bill currently has 138 cosponsors. 
A governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that:
(1) is issued by a court of competent jurisdiction;
(2) may indicate the date by which the provider must make the disclosure to the governmental entity.
(3) the bill is applicable with respect to any wire or electronic communication that is stored, held, or maintained by the provider.
H.R. 923 - To Repeal the Cybersecurity Act of 2015
Representative Justin Amash (R-MI-3) introduced the To Repeal the Cybersecurity Act of 2015 on February 7, 2017. On April 25th, 2017, the bill was referred to the Subcommittee on Research and Technology. The bill currently has 5 cosponsors.
The Cybersecurity Act of 2015 (division N of Public Law 114-113) and the amendments made by such Act are repealed, and the provisions of law amended by such Act are hereby restored as if such Act had not been enacted into law.
H.R. 957 F.A.I.R. Surveillance Act of 2017
Representative Hakeem Jeffries (D-NY-8) introduced the Fourth Amendment Integrity Restoration (F.A.I.R.) Surveillance Act of 2017 on February 7, 2017. On March 9, 2017, the bill was referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. The bill currently has 2 cosponsors. 
This bill specifies that an agreement between a federal and state or local law enforcement agency regarding the acquisition or use of a cell simulator device must require such state or local law enforcement agency to use the device in compliance with the federal agency's guidance and policies.
The term "cell simulator device" means a device that:
(1) simulates a cell tower to provide an electronic communication service, or
(2) functions as a cell tower to locate cellular devices or identify their unique identifiers
S. 631 Drone Aircraft Privacy and Transparency Act
Senator Edward Markey introduced the Drone Aircraft Privacy and Transparency Act in the Senate on March 3, 2017. On March 15, 2017, the bill was referred to the Committee on Commerce, Science, and Transportation. The bill currently has 0 cosponsors.
This bill amends the FAA Modernization and Reform Act of 2012 to provide guidance and limitations regarding the integration of unmanned aircraft systems into United States airspace, and for other purposes. The Secretary of Transportation shall establish procedures to ensure that the integration of unmanned aircraft systems into the national airspace system is done in compliance with the privacy principles.
A governmental entity (as defined in section 2711 of title 18, United States Code) may not use an unmanned aircraft system or request information or data collected by another person using an unmanned aircraft system for protective activities, or for law enforcement or intelligence purposes, except pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as permitted under the Foreign Intelligence Surveillance Act of 1978.

This monthy report is p rovided for NCISS by ... 
     ...until next month!

Please contact Francie Koehler for questions or issues regarding private 
investigators and Brad Duffy re the same for security professionals. 
                       Francie Koehler - Investigations -- or -- Brad Duffy - Security


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