Kelsey Smith Act
Nebraska Kelsey Smith Act
Location · Communications
This law requires wireless carriers, on request of a law enforcement agency, to provide a device's call location information (including historical cell-site data) as soon as practicable in an emergency involving risk of death or serious physical harm. It makes a narrow, emergency-only exception to location privacy and shields carriers from liability for such disclosures.
- Where
- Nebraska
- Citation
- Neb. Rev. Stat. 86-801 to 86-807
- Status
- In force
- In force since
- 2010-07-15
- Last amended
- 2025-09-03
- Enforced by
- No specific enforcement provision (law enforcement agencies request data; Nebraska State Patrol keeps the carrier contact register)
- People can sue
- No
- Penalties
- No penalty provision. Carriers have immunity from suit for providing call location information at law enforcement request (86-804).
- Applies to
- Wireless carriers authorized to do business in Nebraska or submitting to its jurisdiction (86-802(3), 86-803, 86-805)
Registration
- Provide updated emergency contact information to the Nebraska State Patrol semiannually or within three working days of a change.Neb. Rev. Stat. 86-805(1)
Other duties
- Provide call location information for a user's wireless device to a requesting law enforcement agency as soon as practicable in an emergency involving risk of death or serious physical harm.Neb. Rev. Stat. 86-803
- Carriers may set protocols to voluntarily disclose call location information, and are immune from claims for disclosures made at law enforcement request.Neb. Rev. Stat. 86-804; 86-807
Sources
- Official text
- Neb. Rev. Stat. 86-801 to 86-807 (Nebraska Legislature)
- Neb. Rev. Stat. 86-803 (Nebraska Legislature)
- Revisor cross-reference table of effective dates, 2010 session (LB735: July 15, 2010)
- Revisor cross-reference table of effective dates, 2025 session (LB362: September 3, 2025)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.