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HF 1952

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:06pm

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
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 cellular phone or other mobile device built on a mobile
1.11operating system and possessing advanced computing capability. Features a smart phone
1.12may possess include, but are not limited to, built-in applications, Internet access, digital
1.13voice 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 in
1.22Minnesota must be equipped with functionality that can render the device completely
1.23inoperable 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 device of all saved data;
2.2(2) render the device completely inoperable on any wireless telecommunications
2.3service provider's network globally;
2.4(3) prevent the device from being reactivated or reprogrammed without a passcode
2.5or other similar authorization;
2.6(4) disable the device even if it is turned off or has had the SIM card or other data
2.7storage medium removed; and
2.8(5) be reversible in the event of the device'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 device 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.

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