SB 962 Summary

• Requires all smartphones manufactured on or after July 1, 2015 and sold in California to include a technological solution (software, hardware, or both) that renders essential features inoperable to unauthorized users when the device is not in the authorized user's possession.

• The technological solution must survive a hard reset or operating system downgrade, prevent wireless network reactivation except by an authorized user, and be reversible by an authorized user; must be prompted during initial device setup with option for authorized users to disable it.

• Exempts secondhand market resales, collateral loans, and smartphone models first introduced before January 1, 2015 that cannot reasonably be reengineered to support the solution.

• Establishes civil penalties of $500 to $2,500 per violation for knowing retail sales in violation of requirements, enforceable only by the Attorney General, district attorney, or city attorney, with no private right of action.

• Prohibits cities, counties, and city-counties from imposing separate technological solution requirements on manufacturers, operating system providers, wireless carriers, or retailers; preempts local authority on the issue.