I 112th CONGRESS 2d Session H. R. 4247 IN THE HOUSE OF REPRESENTATIVES March 22, 2012 Mr. Engel (for himself, Ms. Norton, and Mr. Nadler) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to prohibit mobile service providers from providing service on mobile electronic devices that have been reported stolen and to require such providers to give consumers the ability to remotely delete data from mobile electronic devices, and for other purposes.

1.

Short title

This Act may be cited as the Cell Phone Theft Prevention Act of 2012.

2.

Stolen mobile electronic 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:

343.

Stolen mobile electronic devices

(a)

Prohibition on provision of service

(1)

In general

A provider of commercial mobile service or commercial mobile data service may not provide service on a mobile electronic device that has been reported to such provider as stolen— (A)by the person who holds the account with respect to such service, if such person submits to such provider a copy of a report made to a law enforcement agency regarding the theft; or (B)by another provider of commercial mobile service or commercial mobile data service, in accordance with paragraph (2). (2)

Reporting by service providers

A provider of commercial mobile service or commercial mobile data service to which a mobile electronic device is reported stolen as described in paragraph (1)(A) shall inform all other providers of such service— (A)that such device has been reported stolen; and (B)of any information necessary for the identification of such device. (b)

Remote deletion of data

A provider of commercial mobile service or commercial mobile data service on a mobile electronic device shall make available to the person who holds the account with respect to such service the capability of deleting from such device, from a remote location, all information that was placed on such device after its manufacture. (c)

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 electronic device unless such device is— (1)equipped with a unique identifier (such as a Mobile Equipment Identifier) that allows a provider of commercial mobile service or commercial mobile data service to identify such device for purposes of complying with subsections (a) and (b); and (2)configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device is able to make available the remote deletion capability required by subsection (b). (d)

Definitions

In this section: (1)

Commercial mobile data service

The term commercial mobile data service has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112–96). (2)

Commercial mobile service

The term commercial mobile service has the meaning given such term in section 332. (3)

Mobile electronic device

The term mobile electronic device means a personal electronic device on which commercial mobile service or commercial mobile data service is provided, except that such term does not include a device— (A)for which the consumer purchases service by paying in advance for a specified amount of calling or data usage; or (B)with respect to which the consumer does not have a direct relationship with the provider of commercial mobile service or commercial mobile data service.

. (b)

Report to FCC

Not later than 1 year after the date of the enactment of this Act, each provider of commercial mobile service or commercial mobile data service that provides such service on a mobile electronic device shall submit to the Federal Communications Commission a report on— (1)the efforts such provider is making in order to be prepared to comply, not later than the effective date described in subsection (c)(1), with the requirements of subsections (a) and (b) of section 343 of the Communications Act of 1934, as added by subsection (a) of this section; and (2)the progress of such provider toward being prepared to comply with such requirements by such date. (c)

Effective date

(1)

In general

Such section 343 shall take effect on the date that is 2 years after the date of the enactment of this Act. (2)

Devices previously manufactured or imported

In the case of a mobile electronic device that was manufactured in the United States (or imported into the United States, if such device was manufactured outside the United States) before the date that is 2 years after the date of the enactment of this Act, a provider of commercial mobile service or commercial mobile data service shall only be required to comply with subsections (a) and (b) of such section to the extent technologically feasible. (d)

Definitions

In this section, a term that is defined in such section 343 shall have the meaning given such term in such section.