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Assembly Bill A8984A

2013-2014 Legislative Session

Relates to a smart phone device "kill switch"

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Archive: Last Bill Status - On Floor Calendar

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2013-A8984 - Details

Law Section:
General Business Law
Laws Affected:
Add §399-zzzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3409
2017-2018: A6953

2013-A8984 - Summary

Relates to a smart phone device "kill switch"; requires the ability to remotely delete data on a smart phone device in the event such device is lost or stolen; provides that such technology is required by July 1, 2015.

2013-A8984 - Bill Text download pdf 

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

                                  8984

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

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

AN  ACT  to amend the general business law, in relation to the installa-
  tion of a technological solution on an advanced  mobile  communication
  device

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that:
  (a) According to the federal communications commission (FCC),  one  in
three  robberies  in  the  United  States involves the theft of a mobile
communications device, making it the number one property  crime  in  the
country.  Many of these robberies often turn violent with some resulting
in the loss of life.
  (b) The FCC estimates that between thirty to forty percent  of  United
States  street  theft involves a mobile device. In fact, more than forty
percent of all robberies in New York city involve smartphones and  other
cell phones.
  (c) Consumer reports projects that one point six million Americans had
their smartphones stolen in 2012.
  (d)  According to the New York Times, one hundred thirteen smartphones
are lost or stolen every minute in the United States.
  (e) Major cities are home to the highest concentrations of cell  phone
theft,  and officials in New York and California have been pushing for a
cellphone kill switch in those states since April 2012. According to New
York state attorney general Eric Schneiderman, the United States  senate
proposal  would force the mobile industry to "stop dragging its feet and
join us in protecting consumers."
  (f) In April of 2012, U.S. senator Charles Schumer,  D-New  York,  and
New  York  city  police  commissioner Ray Kelly announced that the major
U.S.  cell phone carriers and the federal communications commission have
agreed to set up a national database to track  reported  stolen  phones.
Senator  Schumer  also  introduced a bill called the mobile device theft
deterrence act, which proposes a five-year prison sentence for tampering
with the ID numbers of a stolen cell phone.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2013-A8984A (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §399-zzzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3409
2017-2018: A6953

2013-A8984A (ACTIVE) - Summary

Relates to a smart phone device "kill switch"; requires the ability to remotely delete data on a smart phone device in the event such device is lost or stolen; provides that such technology is required by July 1, 2015.

2013-A8984A (ACTIVE) - Bill Text download pdf 

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

                                 8984--A

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced by M. of A. TITONE, MOSLEY, OTIS, DINOWITZ, MAGNARELLI, McDO-
  NOUGH, DiPIETRO, SCARBOROUGH, GALEF, SEPULVEDA, SIMOTAS -- Multi-Spon-
  sored by -- M. of A. BUCHWALD, COOK, CROUCH, GIGLIO, GLICK, GOTTFRIED,
  HIKIND,  MARKEY,  SCHIMEL, STECK, WEISENBERG -- read once and referred
  to the Committee on  Consumer  Affairs  and  Protection  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the general business law, in relation to smart phone
  device "kill switch"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that:
  (a)  According  to the Federal Communications Commission (FCC), one in
three robberies in the United States involves  the  theft  of  a  mobile
device,  making it the number one property crime in the country. Many of
these robberies often turn violent with some resulting in  the  loss  of
life.
  (b)  The  FCC estimates that between thirty to forty percent of United
States street theft involves a mobile device. In fact, more  than  forty
percent  of all robberies in New York city involve smartphones and other
cell phones.
  (c) Consumer reports projects that 1.6  million  Americans  had  their
smartphones stolen in 2012.
  (d)  According to the New York Times, one hundred thirteen smartphones
are lost or stolen every minute in the United States.
  (e) Major cities are home to the highest concentrations of cell  phone
theft,  and officials in New York and California have been pushing for a
cellphone kill switch in those states since April 2012. According to New
York state attorney general, Eric Schneiderman, the United States Senate
proposal would force the mobile industry to "stop dragging its feet  and
join us in protecting consumers."
  (f)  In  April  of 2012, U.S. senator Charles Schumer, D-New York, and
New York city police commissioner Ray Kelly  announced  that  the  major
U.S.  cell phone carriers and the Federal Communications Commission have

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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