NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8994A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the general business law, in relation to requiring wire-
less communication method service providers disable services to stolen
wireless phones
PURPOSE OR GENERAL IDEA OF BILL:
Requires wireless communication method service providers disable stolen
wireless communication methods so that a stolen phone or other communi-
cation method is rendered inoperable which should deter the theft in the
first place.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 399-eee to the general business law to set
forth definitions and require any entity providing wireless telephone
services, to have and maintain a program reasonable designed to prevent
the activation of a wireless phone that appears on the GSMA block list.
The section also requires any entity providing wireless telephone
services that are informed by a retail store operator of the theft of
any new, non-activated phones shall take reasonable steps to report the
IMEI number of such stolen phone to the GSMA Block list. Lastly, this
section requires providers of wireless telephone services to have a
program designed to suspend service to a stolen cell phone upon notifi-
cation by a verified customer that such phone has been stolen.
Section 2 provides the effective date.
JUSTIFICATION:
In 2018, more than 70 cell phone stores were robbed in New York City
alone. Though mobile communications carriers can disable and blacklist
cell phones once reported stolen, these often go unreported rendering
blacklists incomplete. Even when services are disabled, these phones can
still be used internationally or through Wi-Fi connections. Concerning-
ly, many of these robbery incidents are violent, such was the case when
an elderly Bronx man was beaten for his phone just last year.
On February 12th, 2019 Detective Brian Simonsen was responding to an
armed robbery call at a cell phone store in Queens. The perpetrator had
forced employees into the back room then exited the store pointing a
weapon at the responding officers, upon which the officers opened fire.
Detective Brian Simonsen was hit in the chest by friendly fire and
killed.
By requiring cell phone carriers to limit services or disable services
to a stolen device once notified the device has been stolen, we would
deter criminals from robbing cell phones. This bill will help protect
New Yorkers and prevent future tragic events like Detective Simonsen's
untimely death.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
8994--A
IN ASSEMBLY
February 1, 2024
___________
Introduced by M. of A. PAULIN, GLICK, FAHY, WILLIAMS, STIRPE, SHIMSKY,
WOERNER, BURDICK, SLATER, BEEPHAN, DeSTEFANO, McDONOUGH, TANNOUSIS,
REILLY -- read once and referred to the Committee on Consumer Affairs
and Protection -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to requiring wire-
less communication method service providers disable services to stolen
wireless phones
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Detective Brian Simonsen's Law".
3 § 2. The general business law is amended by adding a new section 399-
4 eee to read as follows:
5 § 399-eee. Disabling of services to stolen wireless phones. 1. Defi-
6 nitions. For purposes of this section, the following terms shall have
7 the following meanings:
8 (a) "International mobile equipment identifier (IMEI)" shall mean:
9 (i) a mobile equipment identifier;
10 (ii) electronic serial number; or
11 (iii) any other number or signal that:
12 (A) identifies a unique mobile wireless phone; and
13 (B) has the same function and purposes as a number described in
14 subparagraph (i) or (ii) of this paragraph.
15 (b) "GSMA block list" means an industry database that relies on infor-
16 mation reported by at least fifty commercial mobile operators, is
17 subject to access controls, is certified to the ISO/IEC 27001 or an
18 equivalent standard for information security management systems, and
19 provides publicly available information to enable sellers, consumers,
20 and law enforcement to check an IMEI against lists of mobile device
21 equipment identification numbers to help prevent the use or activation
22 of mobile phones identified as stolen or fraudulently obtained.
23 2. Limiting wireless service to stolen phones. Any person, firm, part-
24 nership, association, limited liability company, corporation, or other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11814-04-4
A. 8994--A 2
1 business entity providing wireless telephone services, as such term is
2 defined in paragraph (b) of subdivision one of section twelve hundred
3 twenty-five-c of the vehicle and traffic law, shall have and maintain a
4 program reasonably designed to prevent the activation on its network of
5 a phone with an international mobile equipment identity number (IMEI)
6 that appears on the GSMA block list.
7 3. Reporting of stolen wireless phones. Any person, firm, partnership,
8 association, limited liability company, corporation, or other business
9 entity providing wireless telephone services, as such term is defined in
10 paragraph (b) of subdivision one of section twelve hundred twenty-five-c
11 of the vehicle and traffic law, who is informed by a retail store opera-
12 tor of the theft of new, non-activated wireless phones, shall take
13 reasonable steps to report the IMEI numbers of those stolen phones to
14 the GSMA block list.
15 4. Disabling of service to stolen wireless phone. Any person, firm,
16 partnership, association, limited liability company, corporation, or
17 other business entity providing wireless telephone services, as such
18 term is defined in paragraph (b) of subdivision one of section twelve
19 hundred twenty-five-c of the vehicle and traffic law, shall have and
20 maintain a program reasonably designed to enable it to suspend service
21 to a stolen wireless phone upon notification by a verified customer that
22 a wireless phone has been stolen. Such program shall require the person
23 or business entity providing wireless telephone services take reasonable
24 steps to report the IMEI numbers of the stolen phone to the GSMA block
25 list.
26 § 3. This act shall take effect on the ninetieth day after it shall
27 have become a law.
