Missouri Enacts Kelsey’s Law for Cellphone Users

by Admin on August 29, 2012

Photo by Shawn Rossi

Missouri will become the eighth state to enact Kelsey’s Law, which requires cellphone carriers to provide law enforcement with a customer’s location information in an emergency.

The law is named for Kansas teenager Kelsey Smith, whose body was found four days after she was abducted on June 2, 2007. The law is aimed to ensure local police agencies quickly get what they need to find people in danger.

So far, Kansas, Nebraska, Minnesota, New Hampshire, Hawaii, Tennessee, and North Dakota have already implemented the law.

Kelsey’s parents have toured the country telling the story of their wait while neighbors and friends searched for their 18-year-old daughter.

Although federal law allows cellphone companies to provide location information to law enforcement in certain circumstances, Kelsey’s Law seeks to mandate it.

Another provision in the law protects cellphone providers from lawsuits, cutting down on potentially lengthy liability discussions among a company’s legal team. According to Saralyn Hayes, who overseas emergency communications throughout Kansas and Missouri, with the new law, authorities have been able to act faster in situations in which there is only a short amount of time.

Thailand investigators have stated that normally cellphone records are available in Thailand to law enforcement agencies under certain conditions.

Though wrongful death cases may create special legal considerations to justify a violation of privacy rights, the issue  is whether the new law will be abused by government authorities.

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