Bill Text: NY S06748 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the smartphone and tablet security act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-05 - REFERRED TO CONSUMER PROTECTION [S06748 Detail]

Download: New_York-2013-S06748-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6748
                                   I N  S E N A T E
                                     March 5, 2014
                                      ___________
       Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business law, in relation  to  enacting  the
         smartphone and tablet security act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known as and may be cited as the  "smart-
    2  phone and tablet security act".
    3    S  2. The general business law is amended by adding a new article 39-H
    4  to read as follows:
    5                                ARTICLE 39-H
    6                     SMARTPHONE AND TABLET SECURITY ACT
    7  SECTION 899-AAAA. DEFINITIONS.
    8          899-BBBB. IN GENERAL.
    9          899-CCCC. ENFORCEMENT.
   10    S 899-AAAA. DEFINITIONS. AS USED IN THIS ARTICLE:
   11    1. "ADVANCED MOBILE COMMUNICATION DEVICE" MEANS ANY HARDWARE TECHNOLO-
   12  GY INCLUDING, BUT NOT LIMITED TO, A CELLULAR TELEPHONE, HANDHELD COMPUT-
   13  ER, TABLET, OR CALENDARING AND MESSAGING  DEVICE  WITH  TELEPHONY  FUNC-
   14  TIONS,  THAT  IS  CAPABLE  OF  PROVIDING  WIRELESS  INTERNET  ACCESS, IN
   15  ADDITION TO ENABLING VOICE COMMUNICATIONS USING CELLULAR RADIO TELEPHONE
   16  SERVICE, AS DEFINED IN SECTION 22.99 OF TITLE 47 OF THE CODE OF  FEDERAL
   17  REGULATIONS,  OR  VOICE  OVER  INTERNET  PROTOCOL SERVICE, AS DEFINED IN
   18  SECTION 9.3 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS.
   19    2. "COMMERCIAL MOBILE SERVICE" MEANS ANY MOBILE SERVICE  PROVIDED  FOR
   20  PROFIT  AS  DEFINED  IN SUBSECTION (D) OF SECTION 332 OF TITLE 47 OF THE
   21  CODE OF FEDERAL REGULATIONS.
   22    S 899-BBBB. IN GENERAL. 1. NO INDIVIDUAL, FIRM, CORPORATION, OR  OTHER
   23  BUSINESS  ENTITY  SHALL, AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, SELL
   24  AN ADVANCED MOBILE COMMUNICATION DEVICE AT RETAIL THAT DOES NOT  INCLUDE
   25  AN ENABLED TECHNOLOGICAL SOLUTION THAT CAN RENDER THE ESSENTIAL FEATURES
   26  OF  THE  DEVICE,  INCLUDING  BUT  NOT LIMITED TO, THE ABILITY TO USE THE
   27  DEVICE FOR VOICE COMMUNICATIONS, THE ABILITY TO CONNECT TO THE INTERNET,
   28  AND THE ABILITY TO ACCESS AND USE MOBILE SOFTWARE  APPLICATIONS,  PERMA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14312-01-4
       S. 6748                             2
    1  NENTLY INOPERABLE WHEN THE DEVICE IN NOT IN THE POSSESSION OF THE RIGHT-
    2  FUL OWNER.
    3    2.  THE  RIGHTFUL OWNER OF AN ADVANCED MOBILE COMMUNICATION DEVICE MAY
    4  AFFIRMATIVELY ELECT TO DISABLE THE TECHNOLOGICAL SOLUTION AFTER PURCHAS-
    5  ING IT. THE ACTS NECESSARY TO DISABLE  THE  TECHNOLOGICAL  SOLUTION  MAY
    6  ONLY  BE  PERFORMED  BY  THE  END-USE  CONSUMER OR A PERSON SPECIFICALLY
    7  SELECTED BY THE END-USE CONSUMER TO DISABLE THE  TECHNOLOGICAL  SOLUTION
    8  AND  SHALL  NOT BE PERFORMED BY ANY RETAIL SELLER OF THE ADVANCED MOBILE
    9  COMMUNICATIONS DEVICE.
   10    3. A PROVIDER OF COMMERCIAL MOBILE SERVICE SHALL NOT INCLUDE A TERM OR
   11  CONDITION IN A SERVICE CONTRACT WITH AN END-USE CONSUMER IN  THIS  STATE
   12  THAT  REQUIRES  OR  ENCOURAGES THE CONSUMER OR RIGHTFUL OWNER TO DISABLE
   13  THE TECHNOLOGICAL SOLUTION THAT RENDERS  THE  ADVANCED  MOBILE  COMMUNI-
   14  CATIONS DEVICE INOPERABLE.
   15    S 899-CCCC. ENFORCEMENT.  1.  THE  ATTORNEY  GENERAL MAY BRING A CIVIL
   16  ACTION AGAINST ANY INDIVIDUAL,  FIRM,  CORPORATION,  OR  OTHER  BUSINESS
   17  ENTITY  THAT  VIOLATES  THIS  ARTICLE  TO  ENJOIN  THE VIOLATION AND MAY
   18  RECOVER THE FOLLOWING:
   19    (A) A CIVIL PENALTY OF ONE THOUSAND  DOLLARS  PER  VIOLATION  OF  THIS
   20  ARTICLE,  OR  FOR  A PATTERN OR PRACTICE OF SUCH VIOLATIONS, UP TO THREE
   21  THOUSAND DOLLARS PER VIOLATION; AND/OR
   22    (B) COSTS AND REASONABLE ATTORNEYS' FEES.
   23    2. NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS  OR  REMEDIES
   24  WHICH  ARE  OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY
   25  OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
   26    S 3. This act shall take effect on the one hundred eightieth day after
   27  it shall have become a law.