,,ii #aadth ,,congress #ast ,session ,s4 #ajgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bc1 #bjae,ms4 ,klobuchar 7for herself1 ,ms4 ,mikulski1 ,ms4 ,hirono1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 inoperable4 #a4 ,short title ,this ,act may be cited as the ,smartphone ,theft ,prevention ,act of #bjae4 #b4 ,findings ,congress finds that-- 7#a7 mobile device theft costs consumers billions of dollars each year1 according to the ,federal ,communications ,commission2 7#b7 #a in #c robberies include the theft of a mobile device2 7#c7 carriers1 manufacturers1 law enforcement1 the ,federal ,communications ,commission1 and ,state governments have worked to address the growing trend of mobile device theft1 but more remains to be done2 7#d7 consumers deserve to have the most secure technology available to protect them and their information2 7#e7 technological protections continue to develop1 evolve1 and improve in ways that are good for the economy and the consumers of the ,united ,states1 and for public safety in the ,united ,states2 7#f7 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 data1 their devices1 and themselves safe2 7#g7 because engineering and security needs change rapidly1 the mobile device industry1 law enforcement1 and consumer advocates are best suited to proactively develop solutions to protect consumers1 drive innovation1 and deter theft2 and 7#h7 major cities such as ,san ,francisco1 ,new ,york1 and ,london have seen recent decreases in smartphone theft since carriers and manufacturers began rolling out sophisticated new technological functions to protect consumers from theft4 #c4 ,function for stolen smartphones 7a7 ,in general ,part ,i of title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 is amended by adding at the end the following3 #cdc4 ,function for stolen smartphones 7a7 ,definitions 7#a7 ,in general ,in this section-- 7,a7 the term account holder1 with respect to a smartphone-- 7i7 means the person who holds the account through which commercial mobile service or commercial mobile data service is provided on the smartphone2 and 7ii7 includes a person authorized by the person described in clause 7i7 to take actions with respect to the smartphone2 7,b7 the term commercial mobile data service has the meaning given the term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja72 7,c7 the term commercial mobile service has the meaning given the term in section #ccb2 and 7,d7 the term smartphone means a cellular radio telephone or other mobile voice communications handset device-- 7i7 on which commercial mobile service or commercial mobile data service is provided2 and 7ii7 that-- 7,i7 utilizes a mobile operating system2 7,,ii7 possesses advanced data capabilities1 including software applications1 ,internet access1 digital voice services1 email1 and text messaging2 7,,iii7 has wireless network connectivity2 and 7,,iv7 is capable of operating on a long-term evolution network4 7#b7 ,,fcc authority to modify definition of smartphone ,the ,commission may modify the definition of the term smartphone under paragraph 7#a7 if the ,commission determines that circumstances require such a modification4 7b7 ,requirements 7#a7 ,function 7,a7 ,in general ,a provider of commercial mobile service or commercial mobile data service on a smartphone1 in coordination with the manufacturer of1 and the provider of the operating system for1 the smartphone1 shall-- 7i7 make available on the smartphone a function described in subparagraph 7,b72 and 7ii7 ensure that-- 7,i7 during the initial device setup process1 the smartphone prompts the account holder to enable the function described in subparagraph 7,b72 and 7,,ii7 only the account holder is able to opt out of enabling the function described in subparagraph 7,b74 7,b7 ,function details ,a function described in this subparagraph1 with respect to a smartphone1 is a function that-- 7i7 may only be used by the account holder2 and 7ii7 includes the capability to remotely-- 7,i7 delete or render inaccessible from the smartphone all information relating to the account holder that has been placed on the smartphone2 7,,ii7 render the smartphone inoperable on the network of any provider of commercial mobile service or commercial mobile data service globally2 7,,iii7 prevent the smartphone from being reactivated or reprogrammed without a passcode or similar authorization after the smartphone has been-- 7aa7 rendered inoperable as described in subclause 7,,ii72 or 7bb7 subject to an unauthorized factory reset2 and 7,,iv7 restore personal information from the smartphone onto a compatible or interoperable device4 7#b7 ,device standards ,a person may not manufacture in the ,united ,states1 or import into the ,united ,states for sale or resale to the public1 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 7#a74 7#c7 ,exemptions for functionally equivalent technology 7,a7 ,mobile service providers ,the ,commission may exempt a provider of commercial mobile service or commercial mobile data service on a smartphone1 and the manufacturer of1 and provider of the operating system for1 the smartphone1 from the requirement under paragraph 7#a7 with respect to that smartphone if the service provider1 in coordination with the manufacturer and operating system provider1 makes available on the smartphone technology that accomplishes the functional equivalent of the function1 initial prompt1 and ability to opt out required under paragraph 7#a77;,a74 7,b7 ,manufacturers and importers ,the ,commission may exempt a person from the requirement under paragraph 7#b77;,a71 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 public1 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 function1 initial prompt1 and ability to opt out required under paragraph 7#a77;,a74 7c7 ,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 function1 initial prompt1 and ability to opt out required under subsection 7b77#a77;,a71 or any equivalent technology described in subsection 7b77#c77;,a71 available to the account holder4 7d7 ,forfeiture penalty 7#a7 ,in general ,any person that is determined by the ,commission1 in accordance with paragraphs 7#c7 and 7#d7 of section #ejc7;b71 to have violated subsection 7b7 or 7c7 of this section1 including a manufacturer or operating system provider that violates the requirement to coordinate with a service provider under subsection 7b77#a77;,a71 shall be liable to the ,united ,states for a forfeiture penalty1 in an amount to be determined by the ,commission4 7#b7 ,other penalties ,a forfeiture penalty under this subsection shall be in addition to any other penalty provided for in this ,act4 7e7 ,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 function1 initial prompt1 and ability to opt out required under subsection 7b77#a77;,a71 or functionally equivalent technology described in subsection 7b77#c77;,a71 to protect consumers from the theft of smartphones4 7f7 ,tablets 7#a7 ,commission determination ,not later than #ahj days after the date of enactment of the ,smartphone ,theft ,prevention ,act of #bjae1 the ,commission shall determine whether this section should apply with respect to tablets on which commercial mobile service or commercial mobile data service is provided4 7#b7 ,regulations ,if the ,commission determines that this section should apply with respect to tablets described in paragraph 7#a71 the ,commission shall promulgate regulations to implement that determination4 7g7 ,rule of construction ,nothing in this section shall be construed to prohibit a manufacturer of smartphones1 or a provider of commercial mobile service or commercial mobile data service1 from taking actions not described in this section to protect consumers from the theft of smartphones4 7h7 ,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 7or tablets1 if applicable7 that are at least as strong as the protections provided under this section4 4 7b7 ,applicability of function requirement 7#a7 ,definition ,in this subsection1 the term smartphone has the meaning given the term in section #cdc of the ,communications ,act of #aicd1 as added by subsection 7a74 7#b7 ,applicability ,except as provided in paragraph 7#c71 section #cdc of the ,communications ,act of #aicd1 as added by subsection 7a71 shall apply with respect to any smartphone that1 on or after ,january #a1 #bjaf1 is-- 7,a7 manufactured in the ,united ,states2 or 7,b7 imported into the ,united ,states for sale to the public4 7#c7 ,compliance ,extensions ,the ,federal ,communications ,commission may exempt a person that is subject to any requirement under section #cdc7;b7 of the ,communications ,act of #aicd1 as added by subsection 7a71 from that requirement for a temporary period after the date described in paragraph 7#b7 of this subsection1 upon a showing by the person that the person requires more time to be able to comply with the requirement4