Bill Text: MN HF1952 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Smart phone "kill switch" functionality required to deter theft.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-09 - Author added Bernardy [HF1952 Detail]
Download: Minnesota-2013-HF1952-Engrossed.html
1.2relating to telecommunications; consumer protection; requiring "kill switch"
1.3functionality for smart phones to deter theft;proposing coding for new law in
1.4Minnesota Statutes, chapter 325F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325F.698] SMART PHONE DEVICE "KILL SWITCH."
1.7 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.8have the meanings given them.
1.9(b) "Commissioner" means the commissioner of commerce.
1.10(c) "Smart phone" means a handheld cellular phone or other handheld mobile
1.11device built on a mobile operating system and possessing advanced computing capability.
1.12Features a smart phone may possess include, but are not limited to, built-in applications,
1.13Internet access, digital voice service, text messaging, e-mail, and Web browsing. Smart
1.14phone does not include an electronic reader, tablet, or other similar device not primarily
1.15intended for two-way voice communication.
1.16(d) "Subscriber identification module" or "SIM card" means a card or other similar
1.17media that is inserted into a smart phone and used to store data to authenticate and identify
1.18subscribers on a network.
1.19(e) "Wireless telecommunications equipment manufacturer" means any entity that
1.20manufactures wireless telecommunications devices, including smart phones.
1.21(f) "Wireless telecommunications service provider" has the meaning given in section
1.22237.01, subdivision 6, and includes a provider of mobile wireless telecommunications
1.23service.
2.1 Subd. 2. "Kill switch" required. (a) Any smart phone sold or purchased new in
2.2Minnesota must be equipped with technology designed to render the device inoperable in
2.3the event of theft or loss.
2.4(b) In order to comply with paragraph (a), any "kill switch" functionality must
2.5be designed to:
2.6(1) lock all of the smart phone's user data, and ensure that it is only accessible to the
2.7user or a law enforcement officer subject to a valid search warrant;
2.8(2) render the smart phone core functionality inoperable on any wireless
2.9telecommunications service provider's network globally;
2.10(3) prevent the smart phone from being reactivated without a passcode or other
2.11similar authorization, even if the device is reprogrammed, is turned off and subsequently
2.12turned back on, has its network connectivity disabled and subsequently re-enabled, or
2.13has its SIM card removed; and
2.14(4) be reversible in the event of the smart phone's recovery by its owner.
2.15(c) Wireless telecommunications service providers and wireless telecommunications
2.16equipment manufacturers are jointly liable for ensuring smart phones sold in Minnesota
2.17meet the requirements of this subdivision.
2.18 Subd. 3. Additional fees prohibited. Wireless telecommunications service
2.19providers and wireless telecommunications equipment manufacturers are prohibited from
2.20assessing an additional fee, surcharge, tariff, or other charge to consumers for "kill switch"
2.21functionality in smart phones.
2.22 Subd. 4. Noncompliance; insurance. (a) A wireless telecommunications service
2.23provider providing service to a smart phone sold or provided to a consumer in violation of
2.24this section must insure the smart phone against theft at no cost to the consumer.
2.25(b) Theft insurance under paragraph (a) shall be in the form, amount, and duration as
2.26determined by the commissioner.
2.27(c) A wireless telecommunications service provider must annually submit its theft
2.28insurance plan for approval by the commissioner.
2.29EFFECTIVE DATE.This section is effective July 1, 2015, and applies to smart
2.30phone sales made on or after that date.
1.3functionality for smart phones to deter theft;proposing coding for new law in
1.4Minnesota Statutes, chapter 325F.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [325F.698] SMART PHONE DEVICE "KILL SWITCH."
1.7 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
1.8have the meanings given them.
1.9(b) "Commissioner" means the commissioner of commerce.
1.10(c) "Smart phone" means a handheld cellular phone or other handheld mobile
1.11device built on a mobile operating system and possessing advanced computing capability.
1.12Features a smart phone may possess include, but are not limited to, built-in applications,
1.13Internet access, digital voice service, text messaging, e-mail, and Web browsing. Smart
1.14phone does not include an electronic reader, tablet, or other similar device not primarily
1.15intended for two-way voice communication.
1.16(d) "Subscriber identification module" or "SIM card" means a card or other similar
1.17media that is inserted into a smart phone and used to store data to authenticate and identify
1.18subscribers on a network.
1.19(e) "Wireless telecommunications equipment manufacturer" means any entity that
1.20manufactures wireless telecommunications devices, including smart phones.
1.21(f) "Wireless telecommunications service provider" has the meaning given in section
1.22237.01, subdivision 6, and includes a provider of mobile wireless telecommunications
1.23service.
2.1 Subd. 2. "Kill switch" required. (a) Any smart phone sold or purchased new in
2.2Minnesota must be equipped with technology designed to render the device inoperable in
2.3the event of theft or loss.
2.4(b) In order to comply with paragraph (a), any "kill switch" functionality must
2.5be designed to:
2.6(1) lock all of the smart phone's user data, and ensure that it is only accessible to the
2.7user or a law enforcement officer subject to a valid search warrant;
2.8(2) render the smart phone core functionality inoperable on any wireless
2.9telecommunications service provider's network globally;
2.10(3) prevent the smart phone from being reactivated without a passcode or other
2.11similar authorization, even if the device is reprogrammed, is turned off and subsequently
2.12turned back on, has its network connectivity disabled and subsequently re-enabled, or
2.13has its SIM card removed; and
2.14(4) be reversible in the event of the smart phone's recovery by its owner.
2.15(c) Wireless telecommunications service providers and wireless telecommunications
2.16equipment manufacturers are jointly liable for ensuring smart phones sold in Minnesota
2.17meet the requirements of this subdivision.
2.18 Subd. 3. Additional fees prohibited. Wireless telecommunications service
2.19providers and wireless telecommunications equipment manufacturers are prohibited from
2.20assessing an additional fee, surcharge, tariff, or other charge to consumers for "kill switch"
2.21functionality in smart phones.
2.22 Subd. 4. Noncompliance; insurance. (a) A wireless telecommunications service
2.23provider providing service to a smart phone sold or provided to a consumer in violation of
2.24this section must insure the smart phone against theft at no cost to the consumer.
2.25(b) Theft insurance under paragraph (a) shall be in the form, amount, and duration as
2.26determined by the commissioner.
2.27(c) A wireless telecommunications service provider must annually submit its theft
2.28insurance plan for approval by the commissioner.
2.29EFFECTIVE DATE.This section is effective July 1, 2015, and applies to smart
2.30phone sales made on or after that date.
