HF 1952

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 03:36pm

A bill for an act
relating to telecommunications; consumer protection; requiring "kill switch"
functionality for smart phones to deter theft; proposing coding for new law in
Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.698] SMART PHONE DEVICE "KILL SWITCH."
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of commerce.
new text end

new text begin (c) "Smart phone" means a handheld cellular phone or other handheld mobile
device built on a mobile operating system and possessing advanced computing capability.
Features a smart phone may possess include, but are not limited to, built-in applications,
Internet access, digital voice service, text messaging, e-mail, and Web browsing. Smart
phone does not include an electronic reader, tablet, or other similar device not primarily
intended for two-way voice communication.
new text end

new text begin (d) "Subscriber identification module" or "SIM card" means a card or other similar
media that is inserted into a smart phone and used to store data to authenticate and identify
subscribers on a network.
new text end

new text begin (e) "Wireless telecommunications equipment manufacturer" means any entity that
manufactures wireless telecommunications devices, including smart phones.
new text end

new text begin (f) "Wireless telecommunications service provider" has the meaning given in section
237.01, subdivision 6, and includes a provider of mobile wireless telecommunications
service.
new text end

new text begin Subd. 2. new text end

new text begin "Kill switch" required. new text end

new text begin (a) Any smart phone sold or purchased new in
Minnesota must be equipped with technology designed to render the device inoperable in
the event of theft or loss.
new text end

new text begin (b) In order to comply with paragraph (a), any "kill switch" functionality must
be designed to:
new text end

new text begin (1) lock all of the smart phone's user data, and ensure that it is only accessible to the
user or a law enforcement officer subject to a valid search warrant;
new text end

new text begin (2) render the smart phone core functionality inoperable on any wireless
telecommunications service provider's network globally;
new text end

new text begin (3) prevent the smart phone from being reactivated without a passcode or other
similar authorization, even if the device is reprogrammed, is turned off and subsequently
turned back on, has its network connectivity disabled and subsequently re-enabled, or
has its SIM card removed; and
new text end

new text begin (4) be reversible in the event of the smart phone's recovery by its owner.
new text end

new text begin (c) Wireless telecommunications service providers and wireless telecommunications
equipment manufacturers are jointly liable for ensuring smart phones sold in Minnesota
meet the requirements of this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Additional fees prohibited. new text end

new text begin Wireless telecommunications service
providers and wireless telecommunications equipment manufacturers are prohibited from
assessing an additional fee, surcharge, tariff, or other charge to consumers for "kill switch"
functionality in smart phones.
new text end

new text begin Subd. 4. new text end

new text begin Noncompliance; insurance. new text end

new text begin (a) A wireless telecommunications service
provider providing service to a smart phone sold or provided to a consumer in violation of
this section must insure the smart phone against theft at no cost to the consumer.
new text end

new text begin (b) Theft insurance under paragraph (a) shall be in the form, amount, and duration as
determined by the commissioner.
new text end

new text begin (c) A wireless telecommunications service provider must annually submit its theft
insurance plan for approval by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, and applies to smart
phone sales made on or after that date.
new text end