|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 05, 2014||referred to consumer protection|
senate Bill S6748
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6748 - Details
- See Assembly Version of this Bill:
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 39-H §§899-aaaa - 899-cccc, Gen Bus L
S6748 - 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
S6748 - Bill Text download pdf
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.
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