California is now the second state in the nation to require cellphones to have a so-called “kill switch,” a safety mechanism that would allow a user to remotely shut down or “kill” the phone’s functionality. On Monday, Gov. Jerry Brown signed the bill that easily passed the California Senate earlier this month despite opposition from tech companies.
California the second state with cellphone ‘kill switch’ law
SB-962 passed the State Senate on Aug. 11 in a vote of 28 to 8 after previously passing the Assembly Aug. 7 in a vote of 53 to 20. The bill, introduced by Sen. Mark Leno in February, prohibits the sale of cellphones manufactured on or after July 1, 2015, without kill switches in California.
The technology must be reversible, allowing return of full functionality, and it must be resistant to easy hacking. Violations will carry a civil penalty between $500 and $2,500 per offense.
In May, Minnesota became the first state to pass such legislation, which will also go into effect on July 2015. New York, Illinois and Rhode Island are considering adopting similar legislation.
Kill switches to stop cellphone theft epidemic
Kill switch legislation is aimed at deterring cellphone theft, since a stolen phone made inoperable by a remote kill switch would have no value on the black market. According to Consumer Reports, over three million Americans had smartphones stolen in 2013, a figure that has almost doubled since last year.
California’s rate of cellphone theft is extremely high, prompting the introduction of the kill switch bill. In 2012, over 50 percent of thefts in San Francisco and more than 75 percent of thefts in Oakland involved cellphones. By requiring manufacturers to include kill switches on phones sold in the state, California hopes to reduce these numbers.
Tech companies warn of ‘unintended consequences’
Although the California bill passed the Senate with great support, not everyone backs the call for the kill switch. Some have concerns over civil liberties and are worried that law enforcement officials or others could use the kill switch to disrupt protests. Others, most notably the tech companies who would be affected, don’t believe that the legislation will be effective.
A letter of concern addressed to Sen. Leno explains why major companies, including Sprint, Verizon, T-Mobile, AT&T, Microsoft, Google, Nokia and Motorola, don’t believe that legislation is the solution to cellphone theft. The letter warns that if passed, the bill would have “unintended negative consequences for consumers, public safety and security,” including limited consumer choice, vulnerability to hackers and difficulty due to state-by-state differences in the law.
They also argue that the industry has voluntarily taken steps to address the issue by educating consumers, using a database to track stolen and lost phones and adding kill switches without being required to. Apple added the kill switch feature to its iPhones and saw a 19 percent drop in iPhone thefts in New York City earlier this year. Samsung added a similar feature in April. Despite concerns about government mandates, Google and Microsoft also planned to add it to their phones. Together, these companies represent 97 percent of the smartphone market in the U.S.
Law or not, it looks like kill switches will soon be standard.
5 comments
stacy kidd
So what's to stop cops from "killing" a phone when someone is recording them? How much do you want to bet that the Patriot Act gets amended to include the ability to hit a kill switch on a phone whenever they deem it necessary. I think this is going to end up being a really bad idea.
john
Dude what are you smoking? It violates the contitution? How? Its to stop retards from stealing our phones nothingvelse. Moron
Mike Hunt
Must be resistant to easy hacking? Oh thats funny! $100 says Geohotz tears that shit apart!
Hackers are gonna love this! The ability to shut off a persons phone on command and then SWAT them with it??!! XD
This will shift power from thugs to black hats...
*sigh*
Couldn't this be stopped via root or jailbreak?
Brennon
So what happens when I sell a phone, activate the kill switch JUST BECAUSE I really didn't like the buyer anyway? Oh wait they can take me to court and spend more than the phone is worth in fees.. Not so attractive anymore is it?
ivanna puke
Unbelievable. California lawmakers once again showing that they have zero respect or understanding of the constitution, let alone a grasp of human behavior or technology. The fine is to be paid by whom, exactly? And how long must the phone's kill switch remain effective? Forever? Good grief, the number of questions and the possibilities of unintended consequences are infinite. Government once again just screwing the pooch.