[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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