Assembly Bill A8093A

2015-2016 Legislative Session

Relates to the manufacture and sale of smartphones that are capable of being decrypted and unlocked by the manufacturer or its operating system provider

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2015-A8093 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
A7024

2015-A8093 - Summary

Relates to the manufacture and sale of smartphones on and after January 1, 2017 that are capable of being decrypted and unlocked by the manufacturer or its operating system provider.

2015-A8093 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8093

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the manufacture
  and  sale  of  smartphones  that  are  capable  of being decrypted and
  unlocked by the manufacturer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-k to read as follows:
  S 399-K. SMARTPHONES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
ING TERMS HAVE THE FOLLOWING MEANINGS:
  (A)  "SMARTPHONE"  MEANS  A  CELLULAR  RADIO TELEPHONE OR OTHER MOBILE
VOICE  COMMUNICATIONS  HANDSET  DEVICE  THAT  INCLUDES   THE   FOLLOWING
FEATURES:
  I. UTILIZES A MOBILE OPERATING SYSTEM.
  II.  POSSESSES THE CAPABILITY TO UTILIZE MOBILE SOFTWARE APPLICATIONS,
ACCESS AND BROWSE THE INTERNET, UTILIZE TEXT MESSAGING, UTILIZE  DIGITAL
VOICE SERVICE, AND SEND AND RECEIVE EMAIL.
  III. HAS WIRELESS NETWORK CONNECTIVITY.
  IV.  IS  CAPABLE  OF  OPERATING  ON  A  LONG-TERM EVOLUTION NETWORK OR
SUCCESSOR WIRELESS DATA NETWORK COMMUNICATION STANDARDS.
  (B) "SOLD IN NEW YORK," OR  ANY  VARIATION  THEREOF,  MEANS  THAT  THE
SMARTPHONE  IS  SOLD  AT RETAIL FROM A LOCATION WITHIN THE STATE, OR THE
SMARTPHONE IS SOLD AND SHIPPED TO AN  END-USE  CONSUMER  AT  AN  ADDRESS
WITHIN  THE STATE. "SOLD IN NEW YORK" DOES NOT INCLUDE A SMARTPHONE THAT
IS RESOLD IN THE STATE ON THE SECONDHAND MARKET OR THAT IS CONSIGNED AND
HELD AS COLLATERAL ON A LOAN.
  (C) "LEASED IN NEW YORK," OR ANY VARIATION  THEREOF,  MEANS  THAT  THE
SMARTPHONE  IS  CONTRACTED  FOR A SPECIFIED PERIOD OF TIME TO AN END-USE
CONSUMER AT AN ADDRESS WITHIN THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10855-01-5

co-Sponsors

multi-Sponsors

2015-A8093A (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
A7024

2015-A8093A (ACTIVE) - Summary

Relates to the manufacture and sale of smartphones on and after January 1, 2017 that are capable of being decrypted and unlocked by the manufacturer or its operating system provider.

2015-A8093A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8093--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 8, 2015
                               ___________

Introduced  by  M. of A. TITONE, MOSLEY -- read once and referred to the
  Committee on Consumer Affairs and Protection  --  recommitted  to  the
  Committee on Consumer Affairs and Protection in accordance with Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to the manufacture
  and sale of smartphones  that  are  capable  of  being  decrypted  and
  unlocked by the manufacturer

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-k to read as follows:
  S 399-K. SMARTPHONES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "SMARTPHONE" MEANS A CELLULAR  RADIO  TELEPHONE  OR  OTHER  MOBILE
VOICE   COMMUNICATIONS   HANDSET  DEVICE  THAT  INCLUDES  THE  FOLLOWING
FEATURES:
  I. UTILIZES A MOBILE OPERATING SYSTEM.
  II. POSSESSES THE CAPABILITY TO UTILIZE MOBILE SOFTWARE  APPLICATIONS,
ACCESS  AND BROWSE THE INTERNET, UTILIZE TEXT MESSAGING, UTILIZE DIGITAL
VOICE SERVICE, AND SEND AND RECEIVE EMAIL.
  III. HAS WIRELESS NETWORK CONNECTIVITY.
  IV. IS CAPABLE OF  OPERATING  ON  A  LONG-TERM  EVOLUTION  NETWORK  OR
SUCCESSOR WIRELESS DATA NETWORK COMMUNICATION STANDARDS.
  (B)  "SOLD  IN  NEW  YORK,"  OR  ANY VARIATION THEREOF, MEANS THAT THE
SMARTPHONE IS SOLD AT RETAIL FROM A LOCATION WITHIN THE  STATE,  OR  THE
SMARTPHONE  IS  SOLD  AND  SHIPPED  TO AN END-USE CONSUMER AT AN ADDRESS
WITHIN THE STATE. "SOLD IN NEW YORK" DOES NOT INCLUDE A SMARTPHONE  THAT
IS RESOLD IN THE STATE ON THE SECONDHAND MARKET OR THAT IS CONSIGNED AND
HELD AS COLLATERAL ON A LOAN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10855-02-6

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