1. Short title
This Act may be cited as the “Cell Phone Theft Prevention Act of 2013”.
Cell Phone Theft Prevention Act of 2013
A BILL
To amend the Communications Act of 1934 to prohibit mobile service providers from providing service on mobile devices that have been reported stolen, to require such providers to give consumers the ability to remotely delete data from mobile devices, to prohibit the alteration or removal of mobile device identification numbers, and for other purposes.
2. Mobile device theft prevention
In general— Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:
“343. Mobile device theft prevention
“(a) Provision of service on stolen device
“(1) Prohibition—A provider of commercial mobile service or commercial mobile data service may not provide service on a mobile device that has been reported to such provider as stolen—
“(A) by the person who holds the account with respect to such service; or
“(B) by another provider of commercial mobile service or commercial mobile data service, in accordance with paragraph (2).
“(2) Reporting by service providers—A provider of commercial mobile service or commercial mobile data service to which a mobile device is reported stolen as described in paragraph (1)(A) shall inform all other providers of such service—
“(A) that such device has been reported stolen; and
“(B) of any information necessary for the identification of such device.
“(b) Remote deletion of data—A provider of commercial mobile service or commercial mobile data service on a mobile device shall make available to the person who holds the account with respect to such service the capability of deleting from such device, from a remote location, all information that was placed on such device after its manufacture.
“(c) Device standards—A person may not manufacture in the United States or import into the United States for sale or resale to the public a mobile device unless such device is—
“(1) equipped with a mobile device identification number; and
“(2) configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device is able to make available the remote deletion capability required by subsection (b).
“(d) Alteration or removal of mobile device identification number
“(1) Prohibition—It shall be unlawful to—
“(A) knowingly remove, obliterate, tamper with, or alter a mobile device identification number; or
“(B) knowingly use, produce, traffic in, have control or custody of, or possess hardware or software, knowing it has been configured to engage in the conduct described in subparagraph (A).
“(2) Penalty—Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.
“(e) Definitions—In this section:
“(1) Commercial mobile data service—The term commercial mobile data service has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
“(2) Commercial mobile service—The term commercial mobile service has the meaning given such term in section 332.
“(3) Mobile device—The term mobile device means a personal electronic device on which commercial mobile service or commercial mobile data service is provided.
“(4) Mobile device identification number—The term mobile device identification number means an international mobile equipment identity number, electronic serial number, or any other number or signal that identifies a specific mobile device.”
Report to FCC— Not later than 1 year after the date of the enactment of this Act, each provider of commercial mobile service or commercial mobile data service that provides such service on a mobile device shall submit to the Federal Communications Commission a report on—
the efforts such provider is making in order to be prepared to comply, not later than the effective date described in subsection (c)(1), with the requirements of subsections (a) and (b) of section 343 of the Communications Act of 1934, as added by subsection (a) of this section; and
the progress of such provider toward being prepared to comply with such requirements by such date.
Effective date—
In general— Such section 343 shall take effect on the date that is 2 years after the date of the enactment of this Act.
Devices previously manufactured or imported— In the case of a mobile device that was manufactured in the United States (or imported into the United States, if such device was manufactured outside the United States) before the date that is 2 years after the date of the enactment of this Act, a provider of commercial mobile service or commercial mobile data service shall only be required to comply with subsections (a) and (b) of such section to the extent technologically feasible.
Definitions— In this section, a term that is defined in such section 343 shall have the meaning given such term in such section.