,i #aagth ,,congress #b;d ,session ,h4 ,r4 #gcfb ,,in ,,the ,,house ,,of ,,representatives ,april #a1 #bjbb,mr4 ,garbarino introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to prohibit mobile service providers from providing service on smart phones that have been reported stolen1 to require smart phones to be equipped with anti-theft functionality and mobile device identification numbers1 and to prohibit the alteration or removal of mobile device identification numbers of smart phones1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,detective ,brian ,simonsen ,memorial ,act of #bjbb or the ,cell ,phone ,theft ,prevention ,act of #bjbb4 #b4 ,smart phone theft prevention 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 #cde4 ,smart phone theft prevention 7a7 ,provision of service on stolen smart phone 7#a7 ,prohibition ,a provider of commercial mobile service or commercial mobile data service may not knowingly provide service on a smart phone that-- 7,a7 has been reported to such provider as stolen by an authorized user of such phone2 or 7,b7 is listed as stolen on a central equipment identity register4 7#b7 ,reporting by service providers ,a provider of commercial mobile service or commercial mobile data service to which a smart phone is reported stolen by an authorized user of such phone as described in paragraph 7#a77;,a7 shall transmit to a central equipment identity register a notification that such phone has been reported stolen4 ,such notification shall include such information as is required for the identification of such phone4 7b7 ,anti-,theft functionality2 mobile device identification numbers ,a person may not manufacture for retail sale in the ,united ,states1 or import into the ,united ,states for retail sale in the ,united ,states1 a smart phone unless such phone is-- 7#a7 equipped with pre-loaded anti-theft functionality at no additional cost to purchasers of such phone1 or capable of downloading anti-theft functionality that is available at no additional cost to purchasers of such phone2 and 7#b7 equipped with a mobile device identification number4 7c7 ,alteration or removal of mobile device identification number2 prohibition of sale of stolen smart phones 7#a7 ,prohibition ,it shall be unlawful to-- 7,a7 knowingly remove1 obliterate1 tamper with1 or alter the mobile device identification number of a smart phone2 7,b7 knowingly use1 produce1 traffic in1 have control or custody of1 or possess hardware or software1 knowing it has been configured to engage in the conduct described in subparagraph 7,a72 or 7,c7 knowingly sell a smart phone for which the mobile device identification number is listed as stolen on a central equipment identity register4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7d7 ,rules of construction 7#a7 ,additional technologies or services ,nothing in this section prohibits a provider of commercial mobile service or commercial mobile data service1 device manufacturer1 or operating system provider from offering a technology or service in addition to the anti-theft functionality required by subsection 7b77#a74 7#b7 ,emergency communications ,nothing in this section requires the use of a technology that is incompatible with1 or renders it impossible to comply with1 ,federal or ,state law with regard to-- 7,a7 the provision of emergency services through the #i-a-a system1 including text-to-#i-a-a1 bounce-back messages1 and location accuracy requirements2 7,b7 participation in the ,wireless ,emergency ,alerts system2 or 7,c7 participation in other ,federal1 ,state1 or local emergency alert and public safety warning systems4 7#c7 ,no private right of action ,nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regulation promulgated under this section4 7e7 ,definitions ,in this section3 7#a7 ,anti-theft functionality ,the term anti-theft functionality means1 with respect to a smart phone1 a functionality provided by the manufacturer or operating system provider that-- 7,a7 once downloaded to the phone and initiated-- 7i7 has the capability1 from a remote location-- 7,i7 to render the essential features of the phone inoperable to a person who is not an authorized user2 and 7,,ii7 to delete from the phone the personal information of the authorized users1 except for any information necessary to permit the capability described in subclause 7,i7 to be reversed as required by clause 7ii72 and 7ii7 permits the capability described in clause 7i77,i7 to be reversed if an authorized user of the phone obtains possession of the phone after the essential features of the phone have been rendered inoperable by such capability2 and 7,b7 may be designed so as to allow an authorized user to opt out of implementing the capability described in subparagraph 7,a77i74 7#b7 ,authorized user ,the term authorized user means1 with respect to a smart phone-- 7,a7 the person who holds the commercial mobile service or commercial mobile data service account for the phone2 7,b7 if the phone is a phone for which particular amounts of service are purchased in advance1 the person who owns the phone2 or 7,c7 any person who has been authorized by a person described in subparagraph 7,a7 or 7,b7 to use the phone4 7#c7 ,central equipment identity register ,the term central equipment identity register means a list of mobile device identification numbers that are associated with mobile devices that have been reported as lost1 stolen1 faulty1 or otherwise unsuitable for use1 including any such list that is a part of the ,,gsma ,device ,registry or any equivalent or successor registry or database4 7#d7 ,commercial mobile data service ,the term commercial mobile data service has the meaning given such term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja74 7#e7 ,commercial mobile service ,the term commercial mobile service has the meaning given such term in section #ccb4 7#f7 ,essential features ,the term essential features means1 with respect to a smart phone1 features that provide the capability for a user to use the phone for voice communications1 text messaging1 ,internet browsing1 and accessing and using software applications4 ,such term does not include the features that provide the capability to operate the anti-theft functionality or to use the phone for emergency communications4 7#g7 ,mobile device identification number ,the term mobile device identification number means an international mobile equipment identity number1 a mobile equipment identifier1 an electronic serial number1 or any other number or signal that identifies a specific mobile device and has the same function and purposes as an international mobile equipment identity number or a mobile equipment identifier4 7#h7 ,smart phone 7,a7 ,in general ,the term smart phone means a hand-held mobile device that-- 7i7 possesses advanced computing capability2 7ii7 is designed to enable the user to engage in voice communications using commercial mobile service2 7iii7 is capable of operating on a long-term evolution network or successor wireless data network communication standards2 and 7iv7 may possess capabilities that include built-in applications1 ,internet access1 ,internet browsing1 digital voice service1 text messaging1 and e-mail4 7,b7 ,exclusions ,such term does not include a phone that offers only a limited capability or set of capabilities 7such as placing voice calls and sending text messages71 a laptop computer1 a tablet device1 or a device that has only electronic reading capability4 4 7b7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 section #cde of the ,communications ,act of #aicd1 as added by subsection 7a7 of this section1 shall apply beginning on the date that is #b years after the date of the enactment of this ,act4 7#b7 ,anti-theft functionality2 mobile device identification numbers ,subsection 7b7 of such section #cde shall apply with respect to a smart phone that is manufactured on or after the date that is #b years after the date of the enactment of this ,act4