ACN 076/19 - JUL 2019 REQUEST FOR CELL PHONE LOCATION DATA IN SUPPORT OF SEARCH AND RESCUE

ALCOAST COMMANDANT NOTICE                             CANCEL DATE  24 JUL 2020

R 250745 JUL 19
FM COMDT COGARD WASHINGTON DC//CG-5R//
TO ALCOAST
UNCLAS //N16130//
ACN 076/19
SUBJ:  REQUEST FOR CELL PHONE LOCATION DATA IN SUPPORT OF SEARCH AND RESCUE 
A. U.S. Coast Guard Addendum to the United States National Search and Rescue
Supplement (NSS) to the International Aeronautical and Maritime Search and Rescue
(IAMSAR) Manual, COMDTINST M16130.2 (series)
B. Voluntary Disclosure of Customer Communications or Records, 18 U.S.C. § 2702 
1. This ACN revises REF (A), Paragraph 2.7.1.4.
2. Overview.
   a. REF (B) prohibits the voluntary disclosure of customer communications or records
by electronic communication service providers. Two of several exceptions to REF (B) may
assist Search and Rescue (SAR) Mission Coordinators (SMC) in gathering information to
support the successful prosecution of a SAR case. Two of the exceptions are:
      (1) With lawful consent of the customer or subscriber; or
      (2) To a government entity, if the provider in good faith believes that an emergency
involving danger of death or serious physical injury to any person requires disclosure
without delay of information relating to the emergency.
    b. A legal review of REF (B) and recent court decisions have determined that an
emergency involving death or serious physical injury need not be imminent in order to
exercise either of the two exceptions. The possible threat of death or serious physical
injury to a person involved in a SAR case provides sufficient justification to request
customer communications or records from an electronic communication service provider.
This interpretation of the law broadens the use of this resource for SAR cases in any
emergency phase (uncertainty, alert, or distress).
3. Application.
   a. For the coordination and execution of a SAR mission, the threat of death or serious
physical injury to any person in a SAR case provides sufficient justification to use
exceptions within REF (B).
   b. The request for information and the rationale used to justify the request must be
documented within the Coast Guard's prescribed data management system.
   c. Although REF (B) exceptions exist for the release of information, the disclosure of
customer communications by electronic communication service providers is voluntary.
Service providers are under no legal obligation to do so, even if the request is made to
support SAR operations.
   d. Multiple requests for cell phone location data from various Federal, State, and/or
local SAR resources for the same SAR case should be avoided.
4. Policy.
   a. If a person involved in a SAR case is threatened by death or serious physical injury,
the SMC is authorized to request cell phone location data from an electronic service
provider during any emergency phase (uncertainty, alert, or distress).
   b. Prior to requesting cell phone location data from an electronic communication service
provider, SMC's shall articulate and document, using a data management system timeline
entry, that a person involved in a SAR case is either threatened by or involved in an
emergency that involves the danger of death or serious physical injury.
   c. Prior to requesting cell phone location data from an electronic communication service
provider, SMC's shall provide an informational brief to the next higher level SAR
operational chain of command for any SAR case classified in the uncertainty or alert phase.
A data management system timeline entry shall be entered upon completion of this brief.
   d. SMC's shall ensure that any information provided by an electronic communication
service provider is attached to the SAR case file within the Coast Guard's prescribed data
management system.
5. These changes will be made to the next revision of REF (A), which will be released
within the next year.
6. POC: LCDR Juan Carlos Avila, COMDT (CG-SAR-1) at JuanCarlos.Avila@uscg.mil.
7. Always Ready, That Others May Live.
8. Released by Ms. Dana S. Tulis, Acting Assistant Commandant for Response Policy.
9. Internet release is authorized.