HF 1952

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:

Section 1.

[325F.698] SMART PHONE DEVICE "KILL SWITCH."

Subdivision 1.

Definitions.

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

(b) "Commissioner" means the commissioner of commerce.

(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.

(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.

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

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

Subd. 2.

"Kill switch" required.

(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.

(b) In order to comply with paragraph (a), any "kill switch" functionality must:

(1) wipe the device of all saved data;

(2) render the device completely inoperable on any wireless telecommunications
service provider's network globally;

(3) prevent the device from being reactivated or reprogrammed without a passcode
or other similar authorization;

(4) disable the device even if it is turned off or has had the SIM card or other data
storage medium removed; and

(5) be reversible in the event of the device's recovery by its owner.

(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.

Subd. 3.

Additional fees prohibited.

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.

Subd. 4.

Noncompliance; insurance.

(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.

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

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

EFFECTIVE DATE.

This section is effective January 1, 2015, and applies to
smart phone sales made on or after that date.