I 

113TH CONGRESS 

2D SESSION H. R. 4065 

To require mobile service providers and mobile device manufacturers to give 

consumers the ability to remotely delete data from mobile devices and 

render such devices inoperable. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2014 

Mr. SERRANO introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To require mobile service providers and mobile device manufacturers to give consumers the ability to remotely delete 

data from mobile devices and render such devices inoperable. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smartphone Theft Pre5 vention Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) mobile device theft costs consumers 

2 $30,000,000,000 each year, according to the Federal 

3 Communications Commission; 

4 (2) 1 in 3 robberies include the theft of a mo5 bile device; 

6 (3) carriers, manufacturers, law enforcement, 

7 and the Federal Communications Commission have 

8 worked to address the growing trend of mobile de9 vice theft, but more remains to be done; 

10 (4) consumers deserve to have the most secure 

11 technology available to protect them and their infor12 mation; 

13 (5) technological protections continue to de14 velop, evolve, and improve in ways that are good for 

15 the economy and the consumers of the United 

16 States, and for public safety in the United States; 

17 (6) the wireless industry should work with law 

18 enforcement to educate consumers about the security 

19 tools that are available to them and how to keep 

20 their data, their devices, and themselves safe; and 

21 (7) because engineering and security needs 

22 change rapidly, the mobile device industry, law en23 forcement, and consumer advocates are best suited 

24 to proactively develop solutions to protect con25 sumers, drive innovation, and deter theft. 


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1 SEC. 3. FUNCTION FOR STOLEN MOBILE DEVICES. 

2 (a) IN GENERAL.—Part I of title III of the Commu3 nications Act of 1934 (47 U.S.C. 301 et seq.) is amended 

4 by adding at the end the following: 

5 ‘‘SEC. 343. FUNCTION FOR STOLEN MOBILE DEVICES. 

6 ‘‘(a) DEFINITIONS.—In this section— 

7 ‘‘(1) the term ‘account holder’, with respect to 

8 a mobile device— 

9 ‘‘(A) means the person who holds the ac10 count through which commercial mobile service 

11 or commercial mobile data service is provided 

12 on the device; and 

13 ‘‘(B) includes a person authorized by the 

14 person described in subparagraph (A) to take 

15 actions with respect to the device; 

16 ‘‘(2) the term ‘commercial mobile data service’ 

17 has the meaning given the term in section 6001 of 

18 the Middle Class Tax Relief and Job Creation Act 

19 of 2012 (47 U.S.C. 1401); 

20 ‘‘(3) the term ‘commercial mobile service’ has 

21 the meaning given the term in section 332; and 

22 ‘‘(4) the term ‘mobile device’ means a personal 

23 electronic device on which commercial mobile service 

24 or commercial mobile data service is provided. 

25 ‘‘(b) REQUIREMENTS.— 


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1 ‘‘(1) FUNCTION.—A provider of commercial mo2 bile service or commercial mobile data service on a 

3 mobile device shall make available on the device a 

4 function that— 

5 ‘‘(A) may only be used by the account 

6 holder; and 

7 ‘‘(B) includes the capability to remotely— 

8 ‘‘(i) delete or render inaccessible from 

9 the device all information relating to the 

10 account holder that has been placed on the 

11 device; 

12 ‘‘(ii) render the device inoperable on 

13 the network of any provider of commercial 

14 mobile service or commercial mobile data 

15 service globally, even if the device is turned 

16 off or has the data storage medium re17 moved; 

18 ‘‘(iii) prevent the device from being 

19 reactivated or reprogrammed without a 

20 passcode or similar authorization after the 

21 device has been— 

22 ‘‘(I) rendered inoperable as de23 scribed in clause (ii); or 

24 ‘‘(II) subject to an unauthorized 

25 factory reset; and 


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1 ‘‘(iv) reverse any action described in 

2 clause (i), (ii), or (iii) if the device is recov3 ered by the account holder. 

4 ‘‘(2) DEVICE STANDARDS.—A person may not 

5 manufacture in the United States, or import into the 

6 United States for sale or resale to the public, a mo7 bile device unless the device is configured in such a 

8 manner that the provider of commercial mobile serv9 ice or commercial mobile data service on the device 

10 may make available on the device the function re11 quired under paragraph (1). 

12 ‘‘(3) EXEMPTIONS FOR FUNCTIONALLY EQUIVA13 LENT TECHNOLOGY.— 

14 ‘‘(A) MOBILE SERVICE PROVIDERS.—The 

15 Commission may exempt a provider of commer16 cial mobile service or commercial mobile data 

17 service on a mobile device from the requirement 

18 under paragraph (1), with respect to that de19 vice, if the provider makes available on the de20 vice technology that accomplishes the functional 

21 equivalent of the function required under para22 graph (1). 

23 ‘‘(B) MANUFACTURERS AND IMPORTERS.— 

24 The Commission may exempt a person from the 

25 requirement under paragraph (2), with respect 


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1 to a mobile device that the person manufactures 

2 in the United States or imports into the United 

3 States for sale or resale to the public, if the de4 vice is configured in such a manner that the 

5 provider of commercial mobile service or com6 mercial mobile data service on the device may 

7 make available on the device technology that ac8 complishes the functional equivalent of the 

9 function required under paragraph (1). 

10 ‘‘(4) WAIVER FOR LOW-COST, VOICE-ONLY MO11 BILE DEVICES.—The Commission may waive the ap12 plicability of the requirements under paragraphs (1) 

13 and (2) with respect to any low-cost mobile device 

14 that— 

15 ‘‘(A) is intended for primarily voice-only 

16 mobile service; and 

17 ‘‘(B) may have limited data consumption 

18 functions focused on text messaging or short 

19 message service. 

20 ‘‘(c) NO FEE.—A provider of commercial mobile serv21 ice or commercial mobile data service on a mobile device 

22 may not charge the account holder any fee for making the 

23 function described in subsection (b)(1), or any equivalent 

24 technology described in subsection (b)(3)(A), available to 

25 the account holder. 


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1 ‘‘(d) FORFEITURE PENALTY.— 

2 ‘‘(1) IN GENERAL.—Any person that is deter3 mined by the Commission, in accordance with para4 graphs (3) and (4) of section 503(b), to have vio5 lated subsection (b) or (c) of this section shall be lia6 ble to the United States for a forfeiture penalty, in 

7 an amount to be determined by the Commission. 

8 ‘‘(2) OTHER PENALTIES.—A forfeiture penalty 

9 under this subsection shall be in addition to any 

10 other penalty provided for in this Act. 

11 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to prohibit a manufacturer of mo13 bile devices, or a provider of commercial mobile service or 

14 commercial mobile data service, from taking actions not 

15 described in this section to protect consumers from the 

16 theft of mobile devices.’’. 

17 (b) APPLICABILITY OF FUNCTION REQUIREMENT.— 

18 (1) DEFINITION.—In this subsection, the term 

19 ‘‘mobile device’’ has the meaning given the term in 

20 section 343 of the Communications Act of 1934, as 

21 added by subsection (a). 

22 (2) APPLICABILITY.—Except as provided in 

23 paragraph (3), section 343 of the Communications 

24 Act of 1934, as added by subsection (a), shall apply 


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1 with respect to any mobile device that, on or after 

2 January 1, 2015, is— 

3 (A) manufactured in the United States; or 

4 (B) imported into the United States for 

5 sale to the public. 

6 (3) COMPLIANCE EXTENSIONS.—The Federal 

7 Communications Commission may exempt a person 

8 that is subject to any requirement under section 

9 343(b) of the Communications Act of 1934, as 

10 added by subsection (a), from that requirement for 

11 a temporary period after the date described in para12 graph (2) of this subsection, upon a showing by the 

13 person that the person requires more time to be able 

14 to comply with the requirement. 

Æ 


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