A new legislative proposal in South Carolina seeks to bridge the gap between families and law enforcement during the critical early hours of a missing person investigation. State Senator Russell Ott (D-SC) has introduced the “Help Find Missing Americans Act,” a bill that would mandate wireless companies to release cell phone location data and call logs upon the request of a primary account holder.
The legislation was prefiled this month and is scheduled for committee review when the General Assembly returns to the Statehouse in January.
The Case Behind the Bill
The impetus for the legislation is the 2021 disappearance of Daniel Robinson, a Columbia native and College of Charleston graduate. Robinson vanished from a remote worksite in Arizona, and despite extensive searches, he has never been located.
During the investigation, Robinson’s family faced significant hurdles in obtaining his cell phone records from wireless providers. Proponents of the bill argue that these records could have provided investigators with essential direction during the initial stages of the search.
How the Legislation Functions
The “Help Find Missing Americans Act” establishes a clear protocol for the release of digital information. Rather than waiting for law enforcement to secure search warrants—a process that can sometimes face delays—the bill empowers families who are already the primary owners of the cell accounts.
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Standardized Request: Primary account holders can formally request location and call history.
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Police Verification: The wireless provider is required to verify the existence of a missing person report with the appropriate law enforcement agency.
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Timeframe for Compliance: Once the report is verified, the carrier has 30 days to turn over the requested data to the account holder.
The bill is designed to allow families to act as partners in the investigation, potentially providing clues to authorities faster than traditional legal channels might allow.
Legal Safeguards and Protections
To ensure the law is both functional and constitutional, the bill includes several legal protections:
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Carrier Immunity: Wireless companies are shielded from civil or criminal liability as long as they act in good faith while following the statute.
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Severability Clause: The legislation includes standard language ensuring that if any single part of the law is deemed unconstitutional, the rest of the bill remains legally binding.
Senator Ott has indicated that the bill is aimed at helping people in desperate scenarios where every piece of information counts toward locating a missing loved one.
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