Cell Phone Freedom Act of 2014

Cell Phone Freedom Act of 2014

On the 24th of June, Rep. Morgan Griffith (Virginia, 9th district which includes Norton, Bristol, and Radford) introduced a bill titled “Cell Phone Freedom Act of 2014. There are no co-sponsors to this bill and it has been referred to the House committee on the Judiciary.

 

The text of the bill is as follows:

H. R. 4952

To prohibit the unauthorized remote shut down of a cellular phone.

IN THE HOUSE OF REPRESENTATIVES

June 24, 2014

A BILL

 

To prohibit the unauthorized remote shut down of a cellular phone.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

Short Title

This Act may be cited as the `Cell Phone Freedom Act of 2014′.

Unauthorized Remote Shutdown of a Mobile Device

(a) In General- Chapter 13 of title 18 (Crimes and Criminal Procedure), United States Code, is amended by adding at the end the following:

 

`Sec. 250. Unauthorized remote shutdown of a mobile device

`(a) In General- Whoever, being an officer or employee of the United States, any State, Territory, Commonwealth, Possession, or District, or of any department or agency thereof, knowingly causes a mobile device phone to be shut down without the consent of the owner or account holder of that mobile device phone or without the order of a court authorizing such shut down shall be imprisoned not more than 5 years or fined under this title, or both, and shall be removed from such office or employment.

`(b) Definitions- In this section–

`(1) the term `account holder’, with respect to a mobile device–

`(A) means the person who holds the account through which commercial mobile service or commercial mobile data service is provided on the device; and

`(B) includes a person authorized by the person described in subparagraph (A) to take actions with respect to the device;

`(2) the term `commercial mobile data service’ means any mobile service (as defined in Section 3 of the Communications Act of 1934) that is–

`(A) a data service;

`(B) provided for profit; and

`(C) available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission;

`(3) the term `commercial mobile service’ has the meaning given the term in section 332 of Communications Act of 1934;

`(4) the term `mobile device’ means a personal electronic device on which commercial mobile service or commercial mobile data service is provided; and

`(5) the term `shut down’ means to make use of a hardware or software function to remotely–

`(A) delete or render inaccessible from the device all information relating to the account holder that has been placed on the device;

`(B) render the device inoperable on the network of any provider of commercial mobile service or commercial mobile data service globally, even if the device is turned off or has the data storage medium removed;

`(C) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been–

`(i) rendered inoperable as described in subparagraph (B); or

`(ii) subject to an unauthorized factory reset; and

`(D) reverse any action described in subparagraph (A), (B), or (C) if the device is recovered by the account holder.’.

(b) Clerical Amendment- The table of sections for such chapter is amended by adding at the end the following:

`250. Unauthorized remote shutdown of a mobile device.’.

 

Note 1: 47 USC 153 (33) (definitions) is:

(33) Mobile service

The term “mobile service” means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one-way and two-way radio communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled “Amendment to the Commission’s Rules to Establish New Personal Communications Services” (GEN Docket No. 90314; ET Docket No. 92100), or any successor proceeding.

 

Note 2: 47 USC 332 (d) is:

(d) Definitions

For purposes of this section-

(1) the term “commercial mobile service” means any mobile service (as defined in section 153 of this title) that is provided for profit and makes interconnected service available (A) to the public or (B) to such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission;

(2) the term “interconnected service” means service that is interconnected with the public switched network (as such terms are defined by regulation by the Commission) or service for which a request for interconnection is pending pursuant to subsection (c)(1)(B) of this section; and

(3) the term “private mobile service” means any mobile service (as defined in section 153 of this title) that is not a commercial mobile service or the functional equivalent of a commercial mobile service, as specified by regulation by the Commission.