Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
SYNOPSIS
Prohibits use of certain technology for unauthorized electronic surveillance of cellular telephones.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting the unauthorized electronic surveillance of cellular telephones and supplementing Title 2A of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Cellular telephone" means a wireless mobile communication device that transmits both oral and electronic communication, location information, and other electronic storage data, in whole or in part, through the aid of a radio, electromagnetic, photoelectric, or photo-optical system.
"Notification" means an electronic alert designed to notify the user when a software application is being accessed or activated within a cellular telephone, computer, or other personal communication or computing device.
"Software application" means a set of programs, procedures, or related technology used to operate a cellular telephone, computer, or other personal communication or computing device.
2. Except as specifically provided for in section 4 of P.L.1968, 409 (C.2A:156A-4) and section 1 of P.L.2009, c.142 (C.2A:156A-4.1), it shall be unlawful for any person to:
a. Purposely use or attempt to use any software application or other technology that disables or hides notifications, within the cellular telephone of another person, that are designed to alert the user that the global positioning system or other location enabling system of the cellular telephone is being accessed or activated; or
b. Purposely use or attempt to use any software application or other technology to intercept or disclose the contents of any electronic or oral communication, location information, or other information, not readily accessible to the general public, of the cellular telephone of another person without the consent of the person whose communications, location information, or cellular telephone information is being intercepted or disclosed.
3. Except as specifically provided for in section 6 of P.L.1968, c.409 (C.2A:156A-6), it shall be unlawful for any person to:
a. Purposely possess, sell, distribute, manufacture, assemble, or advertise the sale or distribution of any software application or other technology that is primarily used for the purpose of disabling or hiding notifications, within the cellular telephone of another person, that are designed to alert the user that the global positioning system or other location enabling system of the cellular telephone is being accessed or activated; or
b. Purposely possess, sell, distribute, manufacture, assemble, or advertise the sale or distribution of any software application or other technology that is primarily used for the purpose of surreptitious interception of communications, location information, or other information, not readily accessible to the general public, of the cellular telephone of another person.
Nothing in this section shall be construed to impose liability on news media that accept or publish advertising that may otherwise be subject to the provisions of this section.
4. Any person who violates the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be guilty of a crime of the third degree and shall be subject to the civil penalty established pursuant to section 24 of P.L.1968, c.409 (C.2A:156A-24).
5. The Attorney General shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purpose of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. This act shall take effect immediately.
STATEMENT
This bill prohibits the unauthorized electronic surveillance of cellular telephones. Under the bill, any person, who purposely uses a software application or other technology to: 1) disable or hide notifications, within the cellular telephone of another, that are designed to alert the user that the global positioning system or other location enabling system of the cellular telephone is being accessed or activated; or 2) intercept or disclose the communications, location information, or other information, not readily accessible to the public, of the cellular telephone of another, may be guilty of a third degree crime and may be subject to civil penalties.
Any person who possesses, sells, distributes, manufactures, assembles, or advertises the sale or distribution of any software application or other technology primarily used for acts prohibited under this bill may be guilty of a third degree crime and may be subject to civil penalties.
The bill should not be construed to impose liability on any news media that accept or publish advertising that may fall within the scope of the bill.