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MS SB2144

Bill

Status

Failed

2/3/2015

Primary Sponsor

Derrick Simmons

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Energy1/9/2015

Full Bill Text

No bill text available