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MS SB2144
Bill
AI Summary
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Requires all smartphones manufactured and sold in Mississippi on or after July 1, 2016, to include a technological "kill switch" that can render essential features (voice, text, internet access) inoperable to unauthorized users.
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The kill switch must be reversible by authorized users, survive factory resets and operating system downgrades, and prevent reactivation on wireless networks without authorization; users can opt out but only through actions performed by the authorized user or their designee.
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Retailers knowingly selling non-compliant smartphones face civil penalties of $500 to $2,500 per phone, enforceable only by the Attorney General or district attorneys, with no private right of action; sellers are shielded from liability for technological solution failures unless notified of unremediable vulnerabilities.
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Prohibits government entities and communications service providers from interrupting communications service without a court order signed by a judicial officer, except in extreme emergencies involving immediate danger of death or great bodily injury, in which case an application for a court order must be filed within 6-24 hours.
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Preempts local regulation of smartphone kill switches and communications service interruptions, declaring these matters of statewide concern; exempts emergency 911 services, wireless emergency alerts, and hostage/barricade situations from restrictions.
Legislative Description
Smartphones; require kill switch.
Last Action
Died In Committee
2/3/2015