Enacts the smartphone and tablet security act.
TITLE OF BILL: An act to amend the general business law, in relation to enacting the smartphone and tablet security act
PURPOSE OR GENERAL IDEA OF BILL:
Requires all smartphones sold after Jan 1st, 2015 to be equipped with a kill switch.
SUMMARY OF SPECIFIC PROVISIONS:
The general business law is amended by adding a new article, Article 39-H, containing three new sections.
Section 899-aaaa establishes definitions used in the article.
Section 899-bbbb provides that no smartphones shall be sold at retail after January 1st, 2015 without containing a means of remotely rendering them permanently inoperable and provides that only the owner or a person specifically selected by the owner of the smartphone shall be able to disable this feature. It also provides that a commercial mobile service provider shall not include a provision in a service contract requiring the owner of a smartphone to disable this feature.
Section 899-cccc establishes the right of the Attorney General to bring a civil action against violators of the law and establishes penalties for violating the law.
Smartphone theft is currently an enormous problem in New York State. According to the Federal Communications Commission (FCC), around half of all robberies committed in New York State involve smartphones. Due to their small size, high value, and ubiquitous presence on citizens' person, they are common targets for theft during robberies.
This bill would provide consumers with an important safeguard against data theft and privacy violation in the event that their smartphone is lost or stolen. Allowing users to remotely render their smartphone inoperable would significantly reduce the resale value of the phone and discourage smartphone theft.
PRIOR LEGISLATIVE HISTORY:
None to the State.
This act shall take effect on the one hundred and eightieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 6748 IN SENATE March 5, 2014 ___________Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to enacting the smartphone and tablet security act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known as and may be cited as the "smart- phone and tablet security act". S 2. The general business law is amended by adding a new article 39-H to read as follows: ARTICLE 39-H SMARTPHONE AND TABLET SECURITY ACT SECTION 899-AAAA. DEFINITIONS. 899-BBBB. IN GENERAL. 899-CCCC. ENFORCEMENT. S 899-AAAA. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "ADVANCED MOBILE COMMUNICATION DEVICE" MEANS ANY HARDWARE TECHNOLO- GY INCLUDING, BUT NOT LIMITED TO, A CELLULAR TELEPHONE, HANDHELD COMPUT- ER, TABLET, OR CALENDARING AND MESSAGING DEVICE WITH TELEPHONY FUNC- TIONS, THAT IS CAPABLE OF PROVIDING WIRELESS INTERNET ACCESS, IN ADDITION TO ENABLING VOICE COMMUNICATIONS USING CELLULAR RADIO TELEPHONE SERVICE, AS DEFINED IN SECTION 22.99 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS, OR VOICE OVER INTERNET PROTOCOL SERVICE, AS DEFINED IN SECTION 9.3 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS. 2. "COMMERCIAL MOBILE SERVICE" MEANS ANY MOBILE SERVICE PROVIDED FOR PROFIT AS DEFINED IN SUBSECTION (D) OF SECTION 332 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS. S 899-BBBB. IN GENERAL. 1. NO INDIVIDUAL, FIRM, CORPORATION, OR OTHER BUSINESS ENTITY SHALL, AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, SELL AN ADVANCED MOBILE COMMUNICATION DEVICE AT RETAIL THAT DOES NOT INCLUDE AN ENABLED TECHNOLOGICAL SOLUTION THAT CAN RENDER THE ESSENTIAL FEATURES OF THE DEVICE, INCLUDING BUT NOT LIMITED TO, THE ABILITY TO USE THE DEVICE FOR VOICE COMMUNICATIONS, THE ABILITY TO CONNECT TO THE INTERNET, AND THE ABILITY TO ACCESS AND USE MOBILE SOFTWARE APPLICATIONS, PERMA-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14312-01-4 S. 6748 2
NENTLY INOPERABLE WHEN THE DEVICE IN NOT IN THE POSSESSION OF THE RIGHT- FUL OWNER. 2. THE RIGHTFUL OWNER OF AN ADVANCED MOBILE COMMUNICATION DEVICE MAY AFFIRMATIVELY ELECT TO DISABLE THE TECHNOLOGICAL SOLUTION AFTER PURCHAS- ING IT. THE ACTS NECESSARY TO DISABLE THE TECHNOLOGICAL SOLUTION MAY ONLY BE PERFORMED BY THE END-USE CONSUMER OR A PERSON SPECIFICALLY SELECTED BY THE END-USE CONSUMER TO DISABLE THE TECHNOLOGICAL SOLUTION AND SHALL NOT BE PERFORMED BY ANY RETAIL SELLER OF THE ADVANCED MOBILE COMMUNICATIONS DEVICE. 3. A PROVIDER OF COMMERCIAL MOBILE SERVICE SHALL NOT INCLUDE A TERM OR CONDITION IN A SERVICE CONTRACT WITH AN END-USE CONSUMER IN THIS STATE THAT REQUIRES OR ENCOURAGES THE CONSUMER OR RIGHTFUL OWNER TO DISABLE THE TECHNOLOGICAL SOLUTION THAT RENDERS THE ADVANCED MOBILE COMMUNI- CATIONS DEVICE INOPERABLE. S 899-CCCC. ENFORCEMENT. 1. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST ANY INDIVIDUAL, FIRM, CORPORATION, OR OTHER BUSINESS ENTITY THAT VIOLATES THIS ARTICLE TO ENJOIN THE VIOLATION AND MAY RECOVER THE FOLLOWING: (A) A CIVIL PENALTY OF ONE THOUSAND DOLLARS PER VIOLATION OF THIS ARTICLE, OR FOR A PATTERN OR PRACTICE OF SUCH VIOLATIONS, UP TO THREE THOUSAND DOLLARS PER VIOLATION; AND/OR (B) COSTS AND REASONABLE ATTORNEYS' FEES. 2. NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.