[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2032 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2032
To require mobile service providers and mobile device manufacturers to
give consumers the ability to remotely delete data from mobile devices
and render such devices inoperable.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2014
Ms. Klobuchar (for herself, Ms. Hirono, Ms. Mikulski, and Mr.
Blumenthal) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require mobile service providers and mobile device manufacturers to
give consumers the ability to remotely delete data from mobile devices
and render such devices inoperable.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smartphone Theft Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mobile device theft costs consumers $30,000,000,000
each year, according to the Federal Communications Commission;
(2) 1 in 3 robberies include the theft of a mobile device;
(3) carriers, manufacturers, law enforcement, and the
Federal Communications Commission have worked to address the
growing trend of mobile device theft, but more remains to be
done;
(4) consumers deserve to have the most secure technology
available to protect them and their information;
(5) technological protections continue to develop, evolve,
and improve in ways that are good for the economy and the
consumers of the United States, and for public safety in the
United States;
(6) the wireless industry should work with law enforcement
to educate consumers about the security tools that are
available to them and how to keep their data, their devices,
and themselves safe; and
(7) because engineering and security needs change rapidly,
the mobile device industry, law enforcement, and consumer
advocates are best suited to proactively develop solutions to
protect consumers, drive innovation, and deter theft.
SEC. 3. FUNCTION FOR STOLEN MOBILE DEVICES.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. FUNCTION FOR STOLEN MOBILE DEVICES.
``(a) Definitions.--In this section--
``(1) the term `account holder', with respect to a mobile
device--
``(A) means the person who holds the account
through which commercial mobile service or commercial
mobile data service is provided on the device; and
``(B) includes a person authorized by the person
described in subparagraph (A) to take actions with
respect to the device;
``(2) the term `commercial mobile data service' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
``(3) the term `commercial mobile service' has the meaning
given the term in section 332; and
``(4) the term `mobile device' means a personal electronic
device on which commercial mobile service or commercial mobile
data service is provided.
``(b) Requirements.--
``(1) Function.--A provider of commercial mobile service or
commercial mobile data service on a mobile device shall make
available on the device a function that--
``(A) may only be used by the account holder; and
``(B) includes the capability to remotely--
``(i) delete or render inaccessible from
the device all information relating to the
account holder that has been placed on the
device;
``(ii) render the device inoperable on the
network of any provider of commercial mobile
service or commercial mobile data service
globally, even if the device is turned off or
has the data storage medium removed;
``(iii) prevent the device from being
reactivated or reprogrammed without a passcode
or similar authorization after the device has
been--
``(I) rendered inoperable as
described in clause (ii); or
``(II) subject to an unauthorized
factory reset; and
``(iv) reverse any action described in
clause (i), (ii), or (iii) if the device is
recovered by the account holder.
``(2) Device standards.--A person may not manufacture in
the United States, or import into the United States for sale or
resale to the public, a mobile device unless the device is
configured in such a manner that the provider of commercial
mobile service or commercial mobile data service on the device
may make available on the device the function required under
subsection (1).
``(3) Exemptions for functionally equivalent technology.--
``(A) Mobile service providers.--The Commission may
exempt a provider of commercial mobile service or
commercial mobile data service on a mobile device from
the requirement under paragraph (1), with respect to
that device, if the provider makes available on the
device technology that accomplishes the functional
equivalent of the function required under paragraph
(1).
``(B) Manufacturers and importers.--The Commission
may exempt a person from the requirement under
paragraph (2), with respect to a mobile device that the
person manufactures in the United States or imports
into the United States for sale or resale to the
public, if the device is configured in such a manner
that the provider of commercial mobile service or
commercial mobile data service on the device may make
available on the device technology that accomplishes
the functional equivalent of the function required
under paragraph (1).
``(4) Waiver for low-cost, voice-only mobile devices.--The
Commission may waive the applicability of the requirements
under paragraphs (1) and (2) with respect to any low-cost
mobile device that--
``(A) is intended for primarily voice-only mobile
service; and
``(B) may have limited data consumption functions
focused on text messaging or short message service.
``(c) No Fee.--A provider of commercial mobile service or
commercial mobile data service on a mobile device may not charge the
account holder any fee for making the function described in subsection
(b)(1), or any equivalent technology described in subsection (b)(3)(A),
available to the account holder.
``(d) Forfeiture Penalty.--
``(1) In general.--Any person that is determined by the
Commission, in accordance with paragraphs (3) and (4) of
section 503(b), to have violated subsection (b) or (c) of this
section shall be liable to the United States for a forfeiture
penalty, in an amount to be determined by the Commission.
``(2) Other penalties.--A forfeiture penalty under this
subsection shall be in addition to any other penalty provided
for in this Act.
``(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit a manufacturer of mobile devices, or a provider
of commercial mobile service or commercial mobile data service, from
taking actions not described in this section to protect consumers from
the theft of mobile devices.''.
(b) Applicability of Function Requirement.--
(1) Definition.--In this subsection, the term ``mobile
device'' has the meaning given the term in section 343 of the
Communications Act of 1934, as added by subsection (a).
(2) Applicability.--Except as provided in paragraph (3),
section 343 of the Communications Act of 1934, as added by
subsection (a), shall apply with respect to any mobile device
that, on or after January 1, 2015, is--
(A) manufactured in the United States; or
(B) imported into the United States for sale to the
public.
(3) Compliance extensions.--The Federal Communications
Commission may exempt a person that is subject to any
requirement under section 343(b) of the Communications Act of
1934, as added by subsection (a), from that requirement for a
temporary period after the date described in paragraph (2) of
this subsection, upon a showing by the person that the person
requires more time to be able to comply with the requirement.
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