Sponsored by:
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
SYNOPSIS
Prohibits sale of certain mobile telecommunications devices unless device includes technology to remotely render device inoperable.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning technology to render mobile telecommunications devices inoperable and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Advanced mobile telecommunications device” or “device” means a device, including, but not limited to, a device commonly known as a smartphone or tablet, that is capable of providing wireless Internet access, in addition to enabling voice communications using commercial mobile radio service, Internet Protocol-enabled service, or Voice over Internet Protocol service.
“Commercial mobile service” shall have the same meaning as provided in subsection (d) of section 332 of the Communications Act of 1934 (47 U.S.C. s.332(d)).
“Internet Protocol-enabled service” shall have the same meaning as provided in section 3 of P.L.2007, c.195 (C.48:17-34).
“Owner” means a person who has the legal right to possess, use, or convey an advanced mobile telecommunications device.
“Technology” means any software, hardware, or combination thereof installed on an advanced mobile telecommunications device.
“Voice over Internet Protocol service” shall have the same meaning as provided in section 3 of P.L.2007, c.195 (C.48:17-34).
2. a. A retail seller of an advanced mobile telecommunications device shall not sell a device in this State that does not include technology that allows an owner to remotely render inoperable the essential features of the device when the device is not in possession of the owner. Essential features include, but are not limited to, the ability to use the device for voice communications, the ability to provide access to the Internet, and the ability to access and use the device’s mobile application programs.
b. The owner of an advanced mobile telecommunications device may affirmatively elect to disable the technology that remotely renders inoperable the device when not in possession of the owner. The physical acts necessary to disable the technology may only be performed by the owner, or the owner’s designee, to disable the technology and shall not be physically performed by any retail seller or provider of commercial mobile service of the advanced mobile communications device.
c. A provider of commercial mobile service doing business in this State shall not include a charge, discount, incentive, or other term or condition in a service contract with a customer who purchases a service contact in this State that requires or encourages a customer or owner to disable the technology that remotely renders inoperable the owner’s advanced mobile telecommunications device when the device in not in possession of the owner.
3. A retail seller of advanced mobile telecommunications devices or a provider of commercial mobile service that violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to a civil penalty of $1,000 per device or service contract sold. The penalty shall be collected and enforced in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this section.
4. This act shall take effect January 1st next following the date of enactment.
STATEMENT
This bill prohibits a retail seller of an advanced mobile telecommunications device (device), commonly referred to as a smartphone or tablet, from selling a device in this State that does not include technology that can remotely render inoperable the essential features of the device when the device is not in possession of the owner. The essential features of the device may include, but are not limited to, the ability to use the device for voice communications, the ability to provide access to the Internet, and the ability to access and use the device’s mobile application programs. “Technology” is defined in the bill as any software, hardware, or combination thereof installed on a device.
The owner of a device may disable the technology after purchase. A provider of commercial mobile service is to not include a charge, discount, incentive, or other term or condition in a sales or service contract with a customer that requires or encourages the customer or owner to disable the technological solution that renders inoperable the owner’s device.
A retail seller or provider of commercial mobile service that violates the provisions of this bill is to be subject to a civil penalty of $1,000 per device or service contract sold.