Bill Text: MN HF1952 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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.
1.14(d) "Subscriber identification module" or "SIM card" means a card or other similar
1.15media that is inserted into a smart phone and used to store data.
1.16(e) "Wireless telecommunications equipment manufacturer" means any entity that
1.17manufactures wireless telecommunications devices, including smart phones.
1.18(f) "Wireless telecommunications service provider" has the meaning given in section
1.19237.01, subdivision 6, and includes a provider of mobile wireless telecommunications
1.20service.
1.21 Subd. 2. "Kill switch" required. (a) Any smart phone sold or purchased new
1.22in Minnesota must be equipped with functionality that can render the smart phone
1.23completely inoperable in the event of theft or loss.
1.24(b) In order to comply with paragraph (a), any "kill switch" functionality must:
2.1(1) wipe the smart phone of all saved data;
2.2(2) render the smart phone completely inoperable on any wireless
2.3telecommunications service provider's network globally;
2.4(3) prevent the smart phone from being reactivated or reprogrammed without a
2.5passcode or other similar authorization;
2.6(4) disable the smart phone even if it is turned off or has had the SIM card or other
2.7data storage medium removed; and
2.8(5) be reversible in the event of the smart phone's recovery by its owner.
2.9(c) Wireless telecommunications service providers and wireless telecommunications
2.10equipment manufacturers are jointly liable for ensuring smart phones sold in Minnesota
2.11meet the requirements of this subdivision.
2.12 Subd. 3. Additional fees prohibited. Wireless telecommunications service
2.13providers and wireless telecommunications equipment manufacturers are prohibited from
2.14assessing an additional fee, surcharge, tariff, or other charge to consumers for "kill switch"
2.15functionality in smart phones.
2.16 Subd. 4. Noncompliance; insurance. (a) A wireless telecommunications service
2.17provider providing service to a smart phone sold or provided to a consumer in violation of
2.18this section must insure the smart phone against theft at no cost to the consumer.
2.19(b) Theft insurance under paragraph (a) shall be in the form, amount, and duration as
2.20determined by the commissioner.
2.21(c) A wireless telecommunications service provider must annually submit its theft
2.22insurance plan for approval by the commissioner.
2.23EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
2.24smart phone 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.
1.14(d) "Subscriber identification module" or "SIM card" means a card or other similar
1.15media that is inserted into a smart phone and used to store data.
1.16(e) "Wireless telecommunications equipment manufacturer" means any entity that
1.17manufactures wireless telecommunications devices, including smart phones.
1.18(f) "Wireless telecommunications service provider" has the meaning given in section
1.19237.01, subdivision 6, and includes a provider of mobile wireless telecommunications
1.20service.
1.21 Subd. 2. "Kill switch" required. (a) Any smart phone sold or purchased new
1.22in Minnesota must be equipped with functionality that can render the smart phone
1.23completely inoperable in the event of theft or loss.
1.24(b) In order to comply with paragraph (a), any "kill switch" functionality must:
2.1(1) wipe the smart phone of all saved data;
2.2(2) render the smart phone completely inoperable on any wireless
2.3telecommunications service provider's network globally;
2.4(3) prevent the smart phone from being reactivated or reprogrammed without a
2.5passcode or other similar authorization;
2.6(4) disable the smart phone even if it is turned off or has had the SIM card or other
2.7data storage medium removed; and
2.8(5) be reversible in the event of the smart phone's recovery by its owner.
2.9(c) Wireless telecommunications service providers and wireless telecommunications
2.10equipment manufacturers are jointly liable for ensuring smart phones sold in Minnesota
2.11meet the requirements of this subdivision.
2.12 Subd. 3. Additional fees prohibited. Wireless telecommunications service
2.13providers and wireless telecommunications equipment manufacturers are prohibited from
2.14assessing an additional fee, surcharge, tariff, or other charge to consumers for "kill switch"
2.15functionality in smart phones.
2.16 Subd. 4. Noncompliance; insurance. (a) A wireless telecommunications service
2.17provider providing service to a smart phone sold or provided to a consumer in violation of
2.18this section must insure the smart phone against theft at no cost to the consumer.
2.19(b) Theft insurance under paragraph (a) shall be in the form, amount, and duration as
2.20determined by the commissioner.
2.21(c) A wireless telecommunications service provider must annually submit its theft
2.22insurance plan for approval by the commissioner.
2.23EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
2.24smart phone sales made on or after that date.
