As news stories on the costs and potential dangers of identity theft from smart phone thefts spread, so does kill switch legislation. Eleven kill switch bills were introduced in six states for the 2014 session, with Minnesota and California becoming the first two states to pass legislation; Nevada and Virginia have already pre-filed for 2015.
The directions taken by these bills vary widely: both the California law and the pre-filed Virginia bill require the kill switch to be reversible, while Minnesota has no such provision and includes metals theft-like provisions for the resale of wireless communication devices. Further details on the bills are available through the ReMA State Legislative Tracking System on the ISRI State Policy page (member log in required to access the link).
2014 California SB 962 passed on August 25, 2014. It requires smartphones (excludes "feature" or "messaging" phones, laptops, tablets, and devices with only electronic reading capabilities) manufactured after July 1, 2015, and sold in California to include kill switch technology that prompts the user to enable it during the initial device setup and is capable of rendering the smartphone's essential features inoperable.
Importantly, SB 962 also requires the kill switch to be reversible, "so that if an authorized user obtains possession of the smartphone after the essential features of the smartphone have been rendered inoperable, the operation of those essential features can be restored by an authorized user." An authorized user (or a person specifically selected by the authorized user) may also affirmatively elect to disable or opt-out of enabling the kill switch. The bill specifically excludes resale on the secondhand market from being covered under the term "sale."
2014 Minnesota SF 1740 passed on May 8, 2014. The first part requires kill switch technology preloaded or available for free download on all new smartphones manufactured after July 1, 2015 and sold in Minnesota. Wireless manufacturers and service providers must submit a report to the legislature by January 15, 2015, describing the antitheft tool and technologies they will use. The second part requires businesses purchasing used wireless communication devices (as defined in § 169.011.) for resale to make records of purchases, record camera surveillance of sellers entering each location, pay only by mailed check or electronic transfer, retain records for three years, hold materials for 30 days at the request of law enforcement, and makes violations punishable as misdemeanors.
2015 Nevada Bill Draft Request 471 was filed by the Attorney General; the bill text is not available yet, but the request requires smartphones sold in Nevada to be equipped with antitheft technological solutions to protect consumers from unlawful use of their personal data and financial information.
2015 Virginia HB 1281 is similar to California's law, but with a slightly wider scope. It requires digital devices (cellphones and tablet devices that operate on wireless data networks, excludes "feature" or "messaging" phones, laptops, and devices with only electronic reading capabilities) manufactured on or after July 1, 2015 and sold in Virginia to either come preloaded with kill switch tech that prompts the user to enable it during the device's initial setup, or to have the kill switch downloadable for free at any time following its sale. Like California's law, the kill switch would have to be reversible by an authorized user, and may provide the option to disable or opt out of the kill switch at any time.