S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9070

                          I N  A S S E M B L Y

                             March 12, 2014
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Consumer Affairs and 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

A. 9070                             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.