NY State Senate Bill 2015-S51A

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 51a
Jan 15, 2016	amend and recommit to consumer protection
Jan 06, 2016	referred to consumer protection
Jan 07, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

2015-S51 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 39-H §§899-aaaa - 899-cccc, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: S6748

2015-S51 - Summary

Enacts the smartphone and tablet security act.

2015-S51 - Sponsor Memo

                                 BILL NUMBER:  S51

 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, 2016 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, 2016 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 :

S.6748 of 2014 (Hoylman): Died in Consumer Protection
A.9070 of 2014 (Hevesi): Died in Consumer Affairs

 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.

2015-S51 - Bill Text download pdf

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

                                   51

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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 SIXTEEN, SELL
AN ADVANCED MOBILE COMMUNICATION DEVICE AT RETAIL THAT DOES NOT  INCLUDE

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

                                                           LBD01508-01-5

S. 51                               2

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-
NENTLY INOPERABLE WHEN THE DEVICE IS 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.

2015-S51A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 39-H §§899-aaaa - 899-cccc, Gen Bus L
Versions Introduced in 2013-2014 Legislative Session:: S6748

2015-S51A (ACTIVE) - Summary

Enacts the smartphone and tablet security act.

2015-S51A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S51A

 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, 2017 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, 2016 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 :

S.6748 of 2014 (Hoylman): Died in Consumer Protection
A.9070 of 2014 (Hevesi): Died in Consumer Affairs

 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.

2015-S51A (ACTIVE) - Bill Text download pdf

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

                                  51--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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.

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

                                                           LBD01508-02-6

S. 51--A                            2

  S 899-BBBB. IN GENERAL. 1. NO INDIVIDUAL, FIRM, CORPORATION, OR  OTHER
BUSINESS ENTITY SHALL, AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, 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-
NENTLY INOPERABLE WHEN THE DEVICE IS 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S51A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S51 - Details

2015-S51 - Summary

2015-S51 - Sponsor Memo

2015-S51 - Bill Text download pdf

2015-S51A (ACTIVE) - Details

2015-S51A (ACTIVE) - Summary

2015-S51A (ACTIVE) - Sponsor Memo

2015-S51A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2015-S51A

Senate Bill S51A

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2015-S51 - Details

2015-S51 - Summary

2015-S51 - Sponsor Memo

2015-S51 - Bill Text download pdf

2015-S51A (ACTIVE) - Details

2015-S51A (ACTIVE) - Summary

2015-S51A (ACTIVE) - Sponsor Memo

2015-S51A (ACTIVE) - Bill Text download pdf

Comments