What's happening
This bill requires all smartphones sold or leased in New York after January 1, 2018, to be capable of being decrypted and unlocked by the manufacturer or operating system provider, with penalties for non-compliance.
Why it matters
Mandates “unlockable” phones. By requiring that all new smartphones be capable of decryption and unlocking by manufacturers or OS providers, this bill could significantly impact device security and privacy for consumers, potentially making it easier for law enforcement (or others) to access private data.
Influences tech industry practices. Manufacturers and operating system providers may need to alter device design and software for the New York market, potentially leading to increased costs, changes in national policy, or decisions not to sell certain models in the state.
Consumer protection and liability. The bill places financial penalties on sellers and lessors who knowingly sell non-compliant devices, but limits their liability if the device was made non-unlockable by unauthorized third parties. This distinction aims to protect retailers from being penalized for tampering outside their control.
Law enforcement and legal access. By ensuring that decryption and unlocking are always possible, the bill addresses law enforcement’s concerns about “going dark” in criminal investigations, but raises substantial civil liberties and cybersecurity concerns about weakening device encryption.
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Who cares
Headline styles
Require Unlockable Smartphones
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7024
2017-2018 Regular Sessions
IN ASSEMBLY
March 29, 2017
Introduced by M. of A. TITONE, MOSLEY, SEAWRIGHT, LUPARDO -- Multi-Sponsored by -- M. of A. LOPEZ -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the manufacture and sale of smartphones that are capable of being decrypted and unlocked by the manufacturer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 399-k to read as follows:
§ 399-k. Smartphones. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "Smartphone" means a cellular radio telephone or other mobile voice communications handset device that includes the following features:
i. Utilizes a mobile operating system.
ii. Possesses the capability to utilize mobile software applications, access and browse the Internet, utilize text messaging, utilize digital voice service, and send and receive email.
iii. Has wireless network connectivity.
iv. Is capable of operating on a long-term evolution network or successor wireless data network communication standards.
(b) "Sold in New York," or any variation thereof, means that the smartphone is sold at retail from a location within the state, or the smartphone is sold and shipped to an end-use consumer at an address within the state. "Sold in New York" does not include a smartphone that is resold in the state on the secondhand market or that is consigned and held as collateral on a loan.
(c) "Leased in New York," or any variation thereof, means that the smartphone is contracted for a specified period of time to an end-use consumer at an address within the state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09153-01-7
A. 7024 2
2. Any smartphone that is manufactured on or after January first, two thousand eighteen, and sold or leased in New York, shall be capable of being decrypted and unlocked by its manufacturer or its operating system provider.
3. The sale or lease in New York of a smartphone manufactured on or after January first, two thousand eighteen that is not capable of being decrypted and unlocked by its manufacturer or its operating system provider shall subject the seller or lessor to a civil penalty of two thousand five hundred dollars for each smartphone sold or leased if it is demonstrated that the seller or lessor of the smartphone knew at the time of the sale or lease that the smartphone was not capable of being decrypted and unlocked by its manufacturer or its operating system provider. No seller or lessor who pays the civil penalty may pass any portion of that penalty on to any purchaser of smartphones by raising the sales or lease price of smartphones.
4. The retail sale or lease of a smartphone manufactured on or after January first, two thousand eighteen that is not capable of being decrypted and unlocked by its manufacturer or its operating system provider shall not result in liability to the seller or lessor if the inability of the manufacturer and operating system provider to decrypt and unlock the smartphone is the result of actions taken by any person or entity other than the manufacturer, the operating system provider, the seller, or the lessor so long as such actions were unauthorized by the manufacturer, the operating system provider, the seller, or the lessor unless at the time of sale or lease the seller or lessor had received notification that the manufacturer and operating system provider were unable to decrypt and unlock smartphones that had been acted upon in the manner described above.
5. A civil suit to enforce this section may be brought by the following parties and none others: (a) the Attorney General, for any sale or lease of a smartphone in New York, and (b) the district attorney for any sale or lease of a smartphone in the county represented by the district attorney, provided, however that the seller or lessor may be subject to not more than a single penalty for each sale or lease of a smartphone.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.