Communications Litigation Today was a Warren News publication.

A California measure requiring smartphone makers to install...

A California measure requiring smartphone makers to install theft-deterring kill switches will move to the Assembly after being approved by the Senate Thursday. “The theft and robbery of smartphones is the fastest growing crime in many cities across California because thieves have a financial incentive to steal and then resell these valuable devices on the black market,” said Democratic Sen. Mark Leno, sponsor of Senate Bill 962 (http://bit.ly/1i0TKOj), in a news release after the 26-8 vote. “We can end this crime of convenience and protect the safety of smartphone consumers by ensuring that every new phone sold in our state has theft-deterrent technology installed and enabled by default.” The vote came upon reconsideration after the measure was narrowly defeated in the Senate on April 24 (CD April 28 p19). CTIA pointed to smartphone manufacturers having pledged to enable the devices with preloaded or downloadable features to render them unusable upon being stolen or lost. “Given the breadth of action the industry has voluntarily taken, it was unnecessary for the California Senate to approve SB 962, which would mandate a specific form of anti-theft functionality,” said Jamie Hastings, CTIA vice president-external and state affairs. “If technology mandates are imposed on a state-by-state basis, the uniformity is threatened since the wireless industry, which manufactures and distributes smartphones nationally, does so to provide security and choice regardless of where consumers live, purchase or use their smartphones. State-by-state technology mandates stifle innovation to the ultimate detriment to the consumer.” Leno had criticized the voluntary initiative because it requires device owners to opt in (CD April 17 p10).