[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1076

  To require mobile service providers and smartphone manufacturers to 
give consumers the ability to remotely delete data from smartphones and 
                     render smartphones inoperable.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2015

     Ms. Klobuchar (for herself, Ms. Mikulski, Ms. Hirono, 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 smartphone manufacturers to 
give consumers the ability to remotely delete data from smartphones and 
                     render smartphones 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 of 
2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) mobile device theft costs consumers billions of dollars 
        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, the Federal 
        Communications Commission, and State governments 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;
            (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; and
            (8) major cities such as San Francisco, New York, and 
        London have seen recent decreases in smartphone theft since 
        carriers and manufacturers began rolling out sophisticated new 
        technological functions to protect consumers from theft.

SEC. 3. FUNCTION FOR STOLEN SMARTPHONES.

    (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 SMARTPHONES.

    ``(a) Definitions.--
            ``(1) In general.--In this section--
                    ``(A) the term `account holder', with respect to a 
                smartphone--
                            ``(i) means the person who holds the 
                        account through which commercial mobile service 
                        or commercial mobile data service is provided 
                        on the smartphone; and
                            ``(ii) includes a person authorized by the 
                        person described in clause (i) to take actions 
                        with respect to the smartphone;
                    ``(B) 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);
                    ``(C) the term `commercial mobile service' has the 
                meaning given the term in section 332; and
                    ``(D) the term `smartphone' means a cellular radio 
                telephone or other mobile voice communications handset 
                device--
                            ``(i) on which commercial mobile service or 
                        commercial mobile data service is provided; and
                            ``(ii) that--
                                    ``(I) utilizes a mobile operating 
                                system;
                                    ``(II) possesses advanced data 
                                capabilities, including software 
                                applications, Internet access, digital 
                                voice services, email, and text 
                                messaging;
                                    ``(III) has wireless network 
                                connectivity; and
                                    ``(IV) is capable of operating on a 
                                long-term evolution network.
            ``(2) FCC authority to modify definition of `smartphone'.--
        The Commission may modify the definition of the term 
        `smartphone' under paragraph (1) if the Commission determines 
        that circumstances require such a modification.
    ``(b) Requirements.--
            ``(1) Function.--
                    ``(A) In general.--A provider of commercial mobile 
                service or commercial mobile data service on a 
                smartphone, in coordination with the manufacturer of, 
                and the provider of the operating system for, the 
                smartphone, shall--
                            ``(i) make available on the smartphone a 
                        function described in subparagraph (B); and
                            ``(ii) ensure that--
                                    ``(I) during the initial device 
                                setup process, the smartphone prompts 
                                the account holder to enable the 
                                function described in subparagraph (B); 
                                and
                                    ``(II) only the account holder is 
                                able to opt out of enabling the 
                                function described in subparagraph (B).
                    ``(B) Function details.--A function described in 
                this subparagraph, with respect to a smartphone, is a 
                function that--
                            ``(i) may only be used by the account 
                        holder; and
                            ``(ii) includes the capability to 
                        remotely--
                                    ``(I) delete or render inaccessible 
                                from the smartphone all information 
                                relating to the account holder that has 
                                been placed on the smartphone;
                                    ``(II) render the smartphone 
                                inoperable on the network of any 
                                provider of commercial mobile service 
                                or commercial mobile data service 
                                globally;
                                    ``(III) prevent the smartphone from 
                                being reactivated or reprogrammed 
                                without a passcode or similar 
                                authorization after the smartphone has 
                                been--
                                            ``(aa) rendered inoperable 
                                        as described in subclause (II); 
                                        or
                                            ``(bb) subject to an 
                                        unauthorized factory reset; and
                                    ``(IV) restore personal information 
                                from the smartphone onto a compatible 
                                or interoperable device.
            ``(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 smartphone unless the smartphone is 
        configured in such a manner that the provider of commercial 
        mobile service or commercial mobile data service on the 
        smartphone is able to comply with the requirements under 
        paragraph (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 smartphone, and the 
                manufacturer of, and provider of the operating system 
                for, the smartphone, from the requirement under 
                paragraph (1) with respect to that smartphone if the 
                service provider, in coordination with the manufacturer 
                and operating system provider, makes available on the 
                smartphone technology that accomplishes the functional 
                equivalent of the function, initial prompt, and ability 
                to opt out required under paragraph (1)(A).
                    ``(B) Manufacturers and importers.--The Commission 
                may exempt a person from the requirement under 
                paragraph (2)(A), with respect to a smartphone that the 
                person manufactures in the United States or imports 
                into the United States for sale or resale to the 
                public, if the smartphone is configured in such a 
                manner that the provider of commercial mobile service 
                or commercial mobile data service on the smartphone may 
                make available on the smartphone technology that 
                accomplishes the functional equivalent of the function, 
                initial prompt, and ability to opt out required under 
                paragraph (1)(A).
    ``(c) No Fee.--A provider of commercial mobile service or 
commercial mobile data service on a smartphone may not charge the 
account holder any fee for making the function, initial prompt, and 
ability to opt out required under subsection (b)(1)(A), 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, including a manufacturer or operating system provider 
        that violates the requirement to coordinate with a service 
        provider under subsection (b)(1)(A), 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) Common National Framework.--The Commission shall establish a 
common national framework for smartphone anti-theft measures that takes 
into consideration the interest of all stakeholders for the purpose of 
promoting national uniformity of the function, initial prompt, and 
ability to opt out required under subsection (b)(1)(A), or functionally 
equivalent technology described in subsection (b)(3)(A), to protect 
consumers from the theft of smartphones.
    ``(f) Tablets.--
            ``(1) Commission determination.--Not later than 180 days 
        after the date of enactment of the Smartphone Theft Prevention 
        Act of 2015, the Commission shall determine whether this 
        section should apply with respect to tablets on which 
        commercial mobile service or commercial mobile data service is 
        provided.
            ``(2) Regulations.--If the Commission determines that this 
        section should apply with respect to tablets described in 
        paragraph (1), the Commission shall promulgate regulations to 
        implement that determination.
    ``(g) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a manufacturer of smartphones, 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 smartphones.
    ``(h) Relationship to State Law.--Nothing in this section shall be 
construed to preempt any provision of State law that provides 
protections to users of smartphones (or tablets, if applicable) that 
are at least as strong as the protections provided under this 
section.''.
    (b) Applicability of Function Requirement.--
            (1) Definition.--In this subsection, the term 
        ``smartphone'' 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 smartphone 
        that, on or after January 1, 2016, 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.
                                 <all>