[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1070 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1070

      To make it unlawful to alter or remove the unique equipment 
               identification number of a mobile device.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2013

 Mr. Schumer (for himself, Mr. Brown, Mr. Udall of Colorado, and Mrs. 
Boxer) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To make it unlawful to alter or remove the unique equipment 
               identification number of a mobile device.

    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 ``Mobile Device Theft Deterrence Act 
of 2013''.

SEC. 2. ALTERING OR REMOVING MOBILE DEVICE UNIQUE EQUIPMENT 
              IDENTIFICATION NUMBERS.

    (a) In General.--Chapter 25 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 515. Altering or removing unique mobile device equipment 
              identification numbers
    ``(a) Definitions.--In this section--
            ``(1) the term `manufacturer' means a person who has 
        lawfully obtained the right to assign a mobile device equipment 
        identification number to a mobile device before the initial 
        sale of the mobile device; and
            ``(2) the term `unique mobile device equipment 
        identification number' means--
                    ``(A) an international mobile equipment identity 
                number;
                    ``(B) electronic serial number; or
                    ``(C) any other number or signal--
                            ``(i) that identifies a specific mobile 
                        wireless communications device; and
                            ``(ii) has the same function and purposes 
                        as a number described in subparagraph (A) or 
                        (B).
    ``(b) Prohibition.--Except as provided in subsection (d), it shall 
be unlawful to--
            ``(1) knowingly remove, obliterate, tamper with, or alter a 
        mobile device identification number; or
            ``(2) knowingly use, produce, traffic in, have control or 
        custody of, or possess hardware or software, knowing it has 
        been configured to engage in the conduct described in paragraph 
        (1).
    ``(c) Penalty.--Any person who violates subsection (b) shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(d) Exception.--Subsection (b) shall not apply to the 
manufacturer of a mobile device, a person that engineers, tests, 
repairs, or refurbishes a mobile device, or a person that implements 
technologies for the purpose of protecting the security and privacy of 
mobile device end users while allowing the transmission of the mobile 
device identification number to service providers, unless the 
manufacturer or person knows that the mobile device or part involved is 
stolen.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 25 of title 18, United States Code, is amended by inserting 
after the item relating to section 514 the following:

``515. Altering or removing unique mobile device equipment 
                            identification numbers.''.
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