Republic of the Philippines
HOUSE OF REPRESENTATIVES.

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Quezon City, Metro Manila

SEVENTEENTH CONGRESS
REGISTRATION UNIT

First Regular Session BILLS aNJ INDEX SERVICE

HOUSE OF REPRESENTATIVES

House Bill No.

Introduced by Representative Herminio Harry L. Roque, Jr.

THE KILL SWITCH LAW
EXPLANATORY NOTE

This bill would require that any smartphone, as defined, that is manufactured
on or after July 1, 2016, and sold in the Philippines after that date, include a
technological solution at the time of sale, which may consist of software, hardware,
or both software and hardware, that, once initiated and successfully communicated
to the smartphone, can render inoperable the essential features, as defined, of the
smartphone to an unauthorized user when the smartphone is not in the possession
of an authorized user. The bill would require that the technological solution, when
enabled, be able to withstand a hard reset, as defined, and prevent reactivation of the
smartphone on a wireless network except by an authorized user. The bill would
make these requirements inapplicable when the smartphone is resold on the
secondhand market or is consigned and held as collateral on a loan. The bill would
additionally except from these requirements a smartphone model that was first
introduced prior to January 1, 2016, that cannot reasonably be reengineered to
support the manufacturer's or operating system provider's technological solution,
including if the hardware or software cannot support a retroactive update. The bill
would authorize an authorized user to affirmatively elect to disable or opt-out of the
technological solution at any time. The bill would make the knowing retail sale in
violation of the bill’s requirements subject to a civil penalty of not less than P20,000,
nor more than 50,000, for each violation. The bill would limit an enforcement action
to collect the civil penalty to being brought by the Solicitor General, a public
prosecutorand would prohibit any private right of action to collect the civil penalty.


The bill would prohibit any provincial, city, and municipality from imposing
requirements on manufacturers, operating system providers, wireless carriers, or
retailers relating to technological solutions for smartphones.

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REP. HERMINIO HARRY L. ROQUE, JR.


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SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B. No. 975

Introduced by Representative Herminio Harry L. Roque Jr.

THE KILL SWITCH LAW

SECTION 1. Definition of terms

(a) For purposes of this section, the following terms have the following
meanings:

(1) (A) “Smartphone” means a cellular radio telephone or other mobile voice
communications handset device that includes all of the following features:

(i) Utilizes a mobile operating system.

(ii) Possesses the capability to utilize mobile software applications, access
and browse the Internet, utilize text messaging, utilize digital voice
service, and send and receive email.

(ii) Has wireless network connectivity.

(iv) s capable of operating on a long-term evolution network or
successor wireless data network communication standards.

(B) A “smartphone” does not include a radio cellular telephone commonly
referred to as a “feature” or “messaging” telephone, a laptop, a tablet device, or a
device that only has electronic reading capability.

(2) “Essential features” of a smartphone are the ability to use the smartphone
for voice communications, text messaging, and the ability to browse the Internet,
including the ability to access and use mobile software applications. “Essential
features” do not include any functionality needed for the operation of the
technological solution, nor does it include the ability of the smartphone to access
emergency services by a voice call or text to the numerals “911,” the ability of a
smartphone to receive wireless emergency alerts and warnings, or the ability to call
an emergency number predesignated by the owner.

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(3) “Hard reset” means the restoration of a smartphone to the state it was in
when it left the factory through processes commonly termed a factory reset or
master reset.

(4) “Sold in the Philippines,” or any variation thereof, means that the
smartphone is sold at retail from a location within the state, or the smartphone is
sold and shipped to an end-use consumer at an address within the state. “Sold in the
Philippines” does not include a smartphone that is resold in the state on the
secondhand market or that is consigned and held as collateral on a loan.

(B) (1) Except as provided in paragraph (3), any smartphone that is
manufactured on or after July 1, 2016, and sold in Philippines after that date, shall
include a technological solution at the time of sale, to be provided by the
manufacturer or operating system provider, that, once initiated and successfully
communicated to the smartphone, can render the essential features of the
smartphone inoperable to an unauthorized user when the smartphone is not in the
possession of an authorized user. The smartphone shall, during, the initial device
setup process, prompt an authorized user to enable the technological solution. The
technological solution shall 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. A technological solution may consist of software, hardware,
or a combination of both software and hardware, and when enabled, shall be able to
withstand a hard reset or operating system downgrade and shall prevent
reactivation of the smartphone on a wireless network except by an authorized user.

(2) An authorized user of a smartphone may affirmatively elect to disable or
opt-out of enabling the technological solution at any time. However, the physical
acts necessary to disable or opt-out of enabling the technological solution may only
be performed by the authorized user or a person specifically selected by the
authorized user to disable or opt-out of enabling the technological solution.

(3) Any smartphone model that was first introduced prior to January 1, 2015,
that cannot reasonably be reengineered to support the manufacturer's or operating,
system provider's technological solution, including if the hardware or software
cannot support a retroactive update, is not subject to the requirements of this section.

(C) The knowing retail sale of a smartphone in the Philippines in violation of
subdivision (b) may be subject to a civil penalty of not less than Twenty thousand

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Peoss (20,000), nor more than Forty thousand Pesos (40,000), per smartphone sold in
the Philippines in violation of this section. A suit to enforce this subdivision may
only be brought by the Solicitor General, or a Public Prosecutor. A failure of the
technological solution due to hacking or other third-party circumvention may be
considered a violation for purposes of this subdivision, only if, at the time of sale, the
seller had received notification from the manufacturer or operating system provider
that the vulnerability cannot be remedied by a software patch or other solution.
There is no private right of action to enforce this subdivision.

(D) The retail sale in the Philippines of a smartphone shall not result in any
civil liability to the seller and its employees and agents from that retail sale alone if
the liability results from or is caused by failure of a technological solution required
pursuant to this section, including any hacking or other third-party circumvention of
the technological solution, unless at the time of sale the seller had received
notification from the manufacturer or operating system provider that the
vulnerability cannot be remedied by a software patch or other solution. Nothing in
this subdivision precludes a suit for civil damages on any other basis outside of the
retail sale transaction, including, but not limited to, a claim of false advertising.

(E) Any request by a government agency to interrupt communications service
utilizing a technological solution required by this section is subject to limitations
provided by law.

(F) Nothing in this section prohibits a network operator, device manufacturer,
or operating system provider from offering a technological solution or other service
in addition to the technological solution required to be provided by the device
manufacturer or operating system provider pursuant subdivision (b).

(G) Nothing in this section requires a technological solution that is
incompatible with, or renders it impossible to comply with, obligations under state
and federal law and regulation related to any of the following:

(1). The provision of emergency services through the 911 system, including text to
911, bounce-back messages, and location accuracy requirements.

(2).Participation in the wireless emergency alert system.

(3).Participation in state and local emergency alert and public safety warning
systems.

(H) The Legislature finds and declares that the enactment of a uniform policy to
deter thefts of smartphones and to protect the privacy of smartphone users if their

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smartphones are involuntarily acquired by others is a matter of statewide concern
and no city, county, or city and county shall impose requirements on manufacturers,
operating system providers, wireless carriers, or retailers relating to technological
solutions for smartphones.

Approved,

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