PRINTER'S NO. 3046
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1932
Session of
2015
INTRODUCED BY DAVIS, V. BROWN, KINSEY, DRISCOLL, THOMAS,
MILLARD, DONATUCCI, ROZZI, BULLOCK, O'NEILL, HARHAI, COHEN,
PASHINSKI, D. COSTA, KORTZ, GODSHALL AND DAVIDSON,
APRIL 1, 2016
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 1, 2016
AN ACT
Establishing the Smartphone Theft Prevention Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Smartphone
Theft Prevention Act.
Section 2. Findings.
The General Assembly finds and declares that the enactment of
a uniform policy to deter thefts of smartphones and to protect
the privacy of smartphone users if the users' smartphones are
involuntarily acquired by others is a matter of Statewide
concern.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Essential features." The ability to use a smartphone for
voice communications, text messaging and the ability to browse
the Internet, including the ability to access and use mobile
software applications. The term does not include any
functionality needed for the operation of the technological
solution or the ability of a smartphone to access emergency
services by a voice call or text to the numerals 911, the
ability of a smartphone to receive wireless emergency alerts and
warnings or the ability to call an emergency number
predesignated by the owner.
"Hard reset." The restoration of a smartphone to the state
it was in when it left the factory through processes commonly
termed a factory reset or master reset.
"Smartphone." A cellular radio telephone or other mobile
voice communications handset device that includes all of the
following features:
(1) Utilizes a mobile operating system.
(2) Possesses the capability to utilize mobile software
applications, access and browse the Internet, utilize text
messaging, utilize digital voice service and send and receive
e-mail.
(3) Has wireless network connectivity.
(4) Is capable of operating on a long-term evolution
network or successor wireless data network communications
standard.
The term does not include a radio cellular telephone commonly
referred to as a feature or messaging telephone, a laptop, a
tablet device or a device that only has electronic reading
capability.
Section 4. Requirement.
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Except as provided in section 5, a smartphone manufactured on
or after July 1, 2016, and sold in this Commonwealth after that
date shall include a technological solution at the time of sale
that shall be provided by the manufacturer or operating system
provider that, once initiated and successfully communicated to a
smartphone, can render the essential features of a smartphone
inoperable to an unauthorized user when a smartphone is not in
the possession of an authorized user. A smartphone shall, during
the initial device setup process, prompt an authorized user to
enable the technological solution. The technological solution
shall be reversible so that if an authorized user obtains
possession of a smartphone after the essential features of a
smartphone have been rendered inoperable, the operation of those
essential features can be restored by an authorized user. A
technological solution may consist of software, hardware or a
combination of both software and hardware and, when enabled,
shall be able to withstand a hard reset or operating system
downgrade and shall prevent reactivation of the smartphone on a
wireless network except by an authorized user.
Section 5. Opt-out.
An authorized user of a smartphone may affirmatively elect to
disable or opt out of enabling the technological solution at any
time. However, the physical acts necessary to disable or opt out
of enabling the technological solution may only be performed by
the authorized user or a person specifically selected by the
authorized user to disable or opt out of enabling the
technological solution.
Section 6. Exception.
A smartphone model that was first introduced prior to January
1, 2015, that cannot reasonably be reengineered to support the
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manufacturer's or operating system provider's technological
solution, including if the hardware or software cannot support a
retroactive update, is not subject to the requirements of this
section.
Section 7. Penalty.
The following shall apply:
(1) The knowing retail sale of a smartphone in this
Commonwealth in violation of section 4 may be subject to a
civil penalty of not less than $500 nor more than $2,500 per
smartphone sold in this Commonwealth.
(2) A failure of the technological solution due to
hacking or other third-party circumvention may be considered
a violation for purposes of this section only if, at the time
of sale, the seller had received notification from the
manufacturer or operating system provider that the
vulnerability cannot be remedied by a software patch or other
solution. There is no private right of action to enforce this
section.
(3) The retail sale in this Commonwealth of a smartphone
shall not result in any civil liability to the seller and its
employees and agents from that retail sale alone if the
liability results from or is caused by failure of a
technological solution required under this section, including
any hacking or other third-party circumvention of the
technological solution, unless at the time of sale the seller
had received notification from the manufacturer or operating
system provider that the vulnerability cannot be remedied by
a software patch or other solution.
(4) Nothing in this section precludes a suit for civil
damages on any other basis outside of the retail sale
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transaction, including, but not limited to, a claim of false
advertising.
Section 8. Additional security.
The following apply:
(1) Nothing in this section prohibits a network
operator, device manufacturer or operating system provider
from offering a technological solution or other service in
addition to the technological solution required to be
provided by the device manufacturer or operating system
provider under section 4.
(2) Nothing in this section requires a technological
solution that is incompatible with, or renders it impossible
to comply with, obligations under Federal and State law and
regulations related to any of the following:
(i) The provision of emergency services through the
911 system, including text to the numerals 911, bounce-
back messages and location accuracy requirements.
(ii) Participation in the wireless emergency alert
system.
(iii) Participation in State and local emergency
alert and public safety warning systems.
Section 9. Preemption.
No city or county shall impose requirements on manufacturers,
operating system providers, wireless carriers or retailers
relating to technological solutions for smartphones.
Section 10. Effective date.
This act shall take effect in 60 days.
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