SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENAT]: 
S. No. 
2lC85 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
"14 
JUN 18 P2 :38 
REQUIRING MOBILE SERVICES PROVIDERS AND MOBILE DEVICE 
MANUFACTURERS TO GIVE CONSUMERS THE ABILITY TO 
REMOTELY DELETE DATA FROM MOBILE DEVICES AND 
RENDER SUCH DEVICES INOPERABLE 
EXPLANATORY NOTE 
According to some news reports, people are getting seriously injured or even 
killed, for their mobile phones and other gadgets. 
The 2012 Annual Report of the National Telecommunications Commission states 
that the bulk of complaints received by its One Stop Public Assistance or OSP AC is 
comprised of lost or stolen mobile phones, and the complaints allegedly increased by an 
average of 7% annually from 2005 to 2009. The report provides that there was an 
increase of23% in 2012 compared to 2011. 
Hence, the mobile services providers and mobile device manufacturers should be 
required to provide safeguards in order to provide the consumers the most secure 
technology available to protect them and their personal data; and consequently, in order 
to deter the rampant theft of mobile devices in the country. 
This bill seeks to require mobile devices sold and imported in the Philippines to 
include free kill switch technology that would let owners remotely delete their personal 


data, render the devices inoperable to anyone but the owner, and prevent it from being 
activated by anyone other than the owner.l 
1 This bill was originally filed by Senators Klobuchar, Hirono, Mikulski, and Blumenthal in the 
u.s. Senate (S. 2032; 113'" Congress, Second Session). 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SEN~TE 
S. No. 
2285 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
'14 
JUN18 P2:38 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
REQUIRING MOBILE SERVICES PROVIDERS AND MOBILE DEVICE 
3 
MANUFACTURERS TO GIVE CONSUMERS THE ABILITY TO 
4 
REMOTELY DELETE DATA FROM MOBILE DEVICES AND 
5 
RENDER SUCH DEVICES INOPERABLE 
6 
SECTION 1. Short Title. - This Act shall be known as the "Smartphone Theft 
7 
Prevention Act." 
8 
SECTION 2. Functionfor Stolen Mobile Devices. -
9 
(a) Definitions. - In this Act, the term: 
10 
(1) "Account holder," with respect to a mobile device-
11 
(A) means the person who holds the account through which 
12 
commercial mobile service or commercial mobile data service is provided 
13 
on the device; and 
14 
(B) includes a person authorized by the person described III 
15 
subparagraph (A) to take actions with respect to the device; 
16 
(2) "Commercial mobile data service" means any mobile service that is: 
17 
(A) a data service; 
18 
(B) provided for profit; and 
1 


1 
(C) available to the public or such classes of eligible users as to be 
2 
effectively available to a substantial portion of the public, as specified by 
3 
regulation by the Commission; 
4 
(3) "Commercial mobile service" means any mobile service that is provided 
5 
for profit and makes interconnected service available -
6 
(A) to the public or 
7 
(B) to such classes of eligible users as to be effectively available to a 
8 
substantial portion of the public, as specified by regulation by the 
9 
Commission; 
10 
(4) "Commission" means National Telecommunications Commission; and 
11 
(5) "Mobile device" means a personal electronic device on which 
12 
commercial mobile service or commercial mobile data service is provided. 
13 
(b) Requirements. --
14 
(I) Function. - A provider of commercial mobile service or commercial 
15 
mobile data service on a mobile device shall make available on the device a 
16 
function that: 
17 
(A) may only be used by the account holder; and 
18 
(B) includes the capability to remotely -
19 
(i) delete or render inaccessible from the device all 
20 
information relating to the account holder that has been placed on 
21 
the device; 
22 
(ii) render the device inoperable on the network of any 
23 
provider of commercial mobile service or commercial mobile data 
24 
service globally, even if the device is turned off or has the data 
25 
storage medium removed; 
2 


1 
(iii) 
prevent 
the 
device 
from 
being 
reactivated 
or 
2 
reprogrammed without a passcode or similar authorization after the 
3 
device has been: 
4 
(I) rendered inoperable as described in clause (ii); or 
5 
(II) subj ect to an unauthorized factory reset; and 
6 
(iv) reverse any action described in clause (i), (ii), or (iii) if 
7 
the device is recovered by the account holder. 
8 
(2) Device Standards. - A person may not manufacture in the Philippines, 
9 
or import into the Philippines for sale or resale to the public, a mobile device 
10 
unless the device is configured in such a manner that the provider of commercial 
11 
mobile service or commercial mobile data service on the device may make 
12 
available on the device the function required under subsection (1). 
13 
(3) Exemptionsfor Functionally Equivalent Technology.-
14 
(A) Mobile Service Providers. - The Commission may exempt a 
15 
provider of commercial mobile service or commercial mobile data service 
16 
on a mobile device from the requirement under paragraph (1), with respect 
17 
to that device, if the provider makes available on the device technology that 
18 
accomplishes the functional equivalent of the function required under 
19 
paragraph (1). 
20 
(B) Manufacturers and Importers. - The Commission may exempt a person 
21 
from the requirement under paragraph (2), with respect a mobile device that the 
22 
person manufactures in the Philippines or imports into the Philippines for sale or 
23 
resale to the public, if the device is configured in such a manner that the provider 
24 
of commercial mobile service or commercial mobile data service on the device 
25 
may make available on the device technology that accomplishes the functional 
26 
equivalent of the function required under paragraph (1). 
3 


1 
(4) Waiver for Low-Cost, Voice-Only Mobile Devices. - The Commission 
2 
may waive the applicability of the requirements under paragraphs (1) and (2) with 
3 
respect to any low-cost mobile device that: 
4 
(A) is intended for primarily voice-only mobile service; and 
5 
(B) may have limited data consumption functions focused on text 
6 
messaging or short message service. 
7 
(c) No Fee. - A provider of commercial mobile service or commercial mobile data 
8 
service on a mobile device may not charge the account holder any fee for making the 
9 
function described in subsection (b)(1), or any equivalent technology described in 
10 
subsection (b)(3)(A), available to the account holder. 
11 
(d) Forfeiture Penalty. - Any person that is determined by the Commission to 
12 
have violated subsection (b) or (c) of this section shall be liable to the Philippines for a 
13 
forfeiture penalty, in an amount to be determined by the Commission. 
14 
(e) Rule of Construction. - Nothing in this Act shall be construed to prohibit a 
15 
manufacturer of mobile devices, or a provider of commercial mobile service or 
16 
commercial mobile data service, from taking actiollS not described in this Act to protect 
17 
consumers from the theft of mobile devices. 
18 
SECTION 3. Applicability of Function Requirement. -
19 
(1) Applicability. - The provisions of this Act shall apply with respect to any 
20 
mobile device that, on or after I January I 2015, is -
21 
(A) manufactured in the Philippines; or 
22 
(B) imported into the Philippines for sale to the pUblic. 
23 
(2) Compliance Extensions. - The Commission may exempt a person that is 
24 
subject to any requirement under Section 2, from that requirement for a temporary period 
25 
after the date described in this section, upon a showing by the person that the person 
26 
requires more time to be able to comply with the requirement. 
4 


1 
SECTION 4. Separability Clause. - If any provision or part hereof, is held invalid 
2 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
3 
remain valid and subsisting. 
4 
SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, 
5 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
6 
or is inconsistent with the provision of this Act is hereby repealed, modified, or amended 
7 
accordingly. 
8 
SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
9 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
/fldp 11 june20 14 
5