New law: Cellphone data must be released

OLYMPIA — Washington will soon require cellphone companies to give call location information to authorities searching for a person whose life may be in danger.

A new law signed Thursday is intended to provide law enforcement officers with another tool to use in emergency situations where someone is at risk of death or serious physical harm.

While police have been able to get cellphone location data from service carriers with a search warrant, the new law aims to create a clearer and quicker process for obtaining the information without a warrant in certain circumstances.

“It gives us additional options for what current law provides,” said James McMahan, policy director for the Washington Association of Sheriffs and Police Chiefs. “We think it will be helpful.”

Sen. John McCoy, D-Tulalip, sponsored Senate Bill 5158 that Gov. Jay Inslee signed Thursday.

“It clears up the issue,” he said. “It was ambiguous as to whether they could do it or not. And it’s got the appropriate parameters on it to make sure the perpetrator isn’t the one asking for the information.”

McCoy began pushing for the legislation after receiving an email from Missey Smith whose daughter was killed in 2007. Kelsey Smith, 18, was kidnapped in a department store parking lot. She had been in possession of a cellphone that could have revealed her location but it took three days before the telecommunications company gave that information to police.

Washington is the 19th state to pass a law inspired by the Kelsey Smith case.

McCoy attributed part of his success in getting it passed to a personal experience last year — a burglary in his home. A cellphone was among the items stolen.

Because cops couldn’t ping the phone or contact the carrier without a warrant, McCoy used an iPad to electronically track the whereabouts of the missing phone and relayed the information to authorities who eventually caught the suspect.

“I was trying to educate my peers on why (the law) was needed and this situation helped shine the light on the matter. It showed using current technology we can recover people and lost or stolen items,” he said.

Under the new law, wireless telecommunications providers must provide call location information to a law enforcement agency responding to an emergency involving a person at risk of death or serious physical harm.

Before asking, authorities must make sure the person who made the request of them does not have a history of domestic violence or stalking, or a court order against them restricting contact with the missing person. And police also must check to see if the person reported missing is deliberately keeping their whereabouts a secret.

Providers of services for victims of domestic violence pressed for the strict rules on how requests for information would be handled. They wanted to prevent information on the location of a victims getting out to people who had attacked them.

Grace Huang, public policy director of the Washington State Coalition Against Domestic Violence, said they approached the bill from the perspective of victims and wanted to be sure the law cannot be used to find those who disappear on purpose to avoid an abuser.

Senate Bill 5158 passed unanimously in the House and Senate. It takes effect July 24.

Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Trader Joe’s customers walk in and out of the store on Monday, Nov. 20, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
New Trader Joe’s opens this week at Everett Mall

It’s a short move from a longtime location, essentially across the street, where parking was often an adventure.

Ian Bramel-Allen enters a guilty plea to second-degree murder during a plea and sentencing hearing on Wednesday, March 6, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘Deep remorse’: Man gets 17 years for friend’s fatal stabbing in Edmonds

Ian Bramel-Allen, 44, pleaded guilty Wednesday to second-degree murder for killing Bret Northcutt last year at a WinCo.

Firefighters respond to a small RV and a motorhome fire on Tuesday afternoon in Marysville. (Provided by Snohomish County Fire Distrct 22)
1 injured after RV fire, explosion near Marysville

The cause of the fire in the 11600 block of 81st Avenue NE had not been determined, fire officials said.

Ashton Dedmon appears in court during his sentencing hearing on Tuesday, March 5, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Everett Navy sailor sentenced to 90 days for fatal hit and run

Ashton Dedmon crashed into Joshua Kollman and drove away. Dedmon, a petty officer on the USS Kidd, reported he had a panic attack.

A kindergarten student works on a computer at Emerson Elementary School on Wednesday, Feb. 28, 2024, in Everett, Washington. (Ryan Berry / The Herald)
‘¡Una erupción!’: Dual language programs expanding to 10 local schools

A new bill aims to support 10 new programs each year statewide. In Snohomish County, most follow a 90-10 model of Spanish and English.

Cassie Franklin, Mayor of Everett, delivers the annual state of the city address Thursday morning in the Edward D. Hansen Conference Center in Everett, Washington on March 31, 2022.  (Kevin Clark / The Herald)
At Everett mayor’s keynote speech: $35 entry, Boeing sponsorship

The city won’t make any money from the event, city spokesperson Simone Tarver said. Still, it’s part of a trend making open government advocates wary.

Logo for news use featuring the Tulalip Indian Reservation in Snohomish County, Washington. 220118
Woman drives off cliff, dies on Tulalip Reservation

The woman fell 70 to 80 feet after driving off Priest Point Drive NW on Sunday afternoon.

Everett
Boy, 4, survives fall from Everett fourth-story apartment window

The child was being treated at Seattle Children’s. The city has a limited supply of window stops for low-income residents.

People head out to the water at low tide during an unseasonably warm day on Saturday, March 16, 2024, at Lighthouse Park in Mukilteo, Washington. (Ryan Berry / The Herald)
Everett shatters record high temperature by 11 degrees

On Saturday, it hit 73 degrees, breaking the previous record of 62 set in 2007.

Snohomish County Fire District #4 and Snohomish Regional Fire & Rescue respond to a motor vehicle collision for a car and pole. The driver was pronounced dead at the scene, near Triangle Bait & Tackle in Snohomish. (Snohomish County Sheriff’s Office)
Police: Troopers tried to stop driver before deadly crash in Snohomish

The man, 31, was driving at “a high rate of speed” when he crashed into a traffic light pole and died, investigators said.

Alan Dean, who is accused of the 1993 strangulation murder of 15-year-old Bothell girl Melissa Lee, appears in court during opening statements of his trial on Monday, March 18, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
31 years later, trial opens in Bothell teen’s brutal killing

In April 1993, Melissa Lee’s body was found below Edgewater Creek Bridge. It would take 27 years to arrest Alan Dean in her death.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Man dies after crashing into pole in Snohomish

Just before 1 a.m., the driver crashed into a traffic light pole at the intersection of 2nd Street and Maple Avenue.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.