Beginning in 2015, all smartphones and tablets sold in California could be required to have a remote "kill switch," if legislation that was introduced Friday passes.
The bill, proposed by California State Sen. Mark Leno (D-San Francisco), is aimed at curbing the rising tide of smartphone thefts and the violence often associated with those crimes.
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If the legislation passes, California would be the first state to require manufacturers to include such stringent theft prevention measures. Under the proposed regulations, the penalty for selling devices without kill switches would be fines between $500 - $2,500 per device.
“With robberies of smartphones reaching an all-time high, California cannot continue to stand by when a solution to the problem is readily available,” said Sen. Leno, in a press release announcing the proposed measures. “Today we are officially stepping in and requiring the cell phone industry to take the necessary steps to curb violent smartphone thefts and protect the safety of the very consumers they rely upon to support their businesses.”
Announcing legislation w/DA @GeorgeGascon to require a kill-switch for phones & tablets to disable them if stolen. http://t.co/r1uCWEXeAO
— Mark Leno (@MarkLeno) February 7, 2014
The bill would require a hardware and/or software "technological solution" that would allow owners to remotely disable stolen devices.
This bill would require that any advanced mobile communications device, as defined, that is sold in California on or after January 1, 2015, include a technological solution, which may consist of software, hardware, or both software and hardware, that can render inoperable the essential features of the device, as defined, when the device is not in the possession of the rightful owner.
Though the proposed rules would require companies to enable the anti-theft protection by default, it appears individuals would be able to opt out of the protection.
As a result, the technological solution should be able to withstand a hard reset or operating system downgrade, and be enabled by default, with consumers being given the option to affirmatively elect to disable this protection.
Leno's legisation, which was first proposed in December, is backed by San Francisco District Attorney George Gascón and other law enforcement officials.
Proponents say the bill would drastically reduce the thefts that often turn violent and set a precedent for other states to follow. According to FCC statistics cited in the legislation, one in three thefts in the US involves smartphones and tablets, making it the number one property crime in the US.
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