as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:06pm
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:
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(a) For the purposes of this section, the following terms
have the meanings given them.
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(b) "Commissioner" means the commissioner of commerce.
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(c) "Smart phone" means a cellular phone or other 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.
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(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.
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(e) "Wireless telecommunications equipment manufacturer" means any entity that
manufactures wireless telecommunications devices, including smart phones.
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(f) "Wireless telecommunications service provider" has the meaning given in section
237.01, subdivision 6, and includes a provider of mobile wireless telecommunications
service.
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(a) Any smart phone sold or purchased in
Minnesota must be equipped with functionality that can render the device completely
inoperable in the event of theft or loss.
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(b) In order to comply with paragraph (a), any "kill switch" functionality must:
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(1) wipe the device of all saved data;
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(2) render the device completely inoperable on any wireless telecommunications
service provider's network globally;
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(3) prevent the device from being reactivated or reprogrammed without a passcode
or other similar authorization;
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(4) disable the device even if it is turned off or has had the SIM card or other data
storage medium removed; and
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(5) be reversible in the event of the device's recovery by its owner.
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(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.
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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.
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(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 device against theft at no cost to the consumer.
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(b) Theft insurance under paragraph (a) shall be in the form, amount, and duration as
determined by the commissioner.
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(c) A wireless telecommunications service provider must annually submit its theft
insurance plan for approval by the commissioner.
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This section is effective January 1, 2015, and applies to
smart phone sales made on or after that date.
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