senate Bill S6748

Enacts the smartphone and tablet security act

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Mar / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Enacts the smartphone and tablet security act.

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Bill Details

See Assembly Version of this Bill:
A9070
Versions:
S6748
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 39-H ยงยง899-aaaa - 899-cccc, Gen Bus L

Sponsor Memo

BILL NUMBER:S6748

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.

JUSTIFICATION:

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:

New bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the one hundred and eightieth day after
it shall have become a law.


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

                                  6748

                            I N  S E N A T E

                              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.

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