Relates to smart phone device antitheft protection

Title of bill

An act to amend the general business law, in relation to smart phone antitheft protection

Purpose of the bill

This bill would require that any advanced mobile communications device, as defined, that is sold in New York, include a technological solution, which may consist of software, hardware, or both software and hardware, that can render inoperable the essential features of the device, as defined, when the device is not in the possession of the rightful owner.

Summary of provisions

Section 1: Sets forth the legislative intent of the bill describing the public safety reasons for requiring smart phones and other advanced mobile communications devices offered for sale in New York to come with a technological solution enabled, in order to deter theft and protect consumers.

Section 2: Establishes that section 399-zzzz be added to the general business law, which states any new advanced mobile communications device manufactured on or after July 1, 2017 that is sold or purchased in New York state must be equipped with preloaded antitheft functionality or be capable of downloading that functionality and must be available to purchasers at no cost.

Section 3: Establishes the effective date.

Justification

According to the Federal Communications Commission, one in three robberies in the United States involves the theft of a mobile communications device, making it the number one property crime in the country, Many of these robberies often turn violent with some resulting in the loss of life. The FCC estimates that between thirty to forty percent of United States street-theft involves a mobile device. In fact, more than forty percent of all robberies in New York City involve smartphones and other cell phones. Replacement of lost or stolen mobile communications devices was an estimated thirty-billion dollar business in 2012, and the four largest providers of mobile radio services made an estimated seven billion eight hundred million dollars from theft and loss insurance products in 2013. With robberies of smartphones reaching an all-time high, New York should utilize the readily available solution to the problem. The antitheft technology will combat surging smartphone theft across the state by reducing the incentive and ability criminals have to make money off the stolen devices.

In order to deter criminals from stealing phones from consumers, there needs to be a way to render stolen phones worthless. Currently the only way this is possible is to make the phones unusable, and therefore unable to be profited from on the secondhand market. Utilizing antitheft technology ensures this is possible while maintaining the safety and integrity of the victim/consumer.

Prior legislative history

None.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect January 1, 2017 and shall apply to smart phone sales made on or after that date.