S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8994--A
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Detective Brian Simonsen's Law".
   §  2. The general business law is amended by adding a new section 399-
 eee to read as follows:
   § 399-EEE. DISABLING OF SERVICES TO STOLEN WIRELESS PHONES. 1.   DEFI-
 NITIONS.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "INTERNATIONAL MOBILE EQUIPMENT IDENTIFIER (IMEI)" SHALL MEAN:
   (I) A MOBILE EQUIPMENT IDENTIFIER;
   (II) ELECTRONIC SERIAL NUMBER; OR
   (III) ANY OTHER NUMBER OR SIGNAL THAT:
   (A) IDENTIFIES A UNIQUE MOBILE WIRELESS PHONE; AND
   (B) HAS THE SAME FUNCTION  AND  PURPOSES  AS  A  NUMBER  DESCRIBED  IN
 SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH.
   (B) "GSMA BLOCK LIST" MEANS AN INDUSTRY DATABASE THAT RELIES ON INFOR-
 MATION  REPORTED  BY  AT  LEAST  FIFTY  COMMERCIAL  MOBILE OPERATORS, IS
 SUBJECT TO ACCESS CONTROLS, IS CERTIFIED TO  THE  ISO/IEC  27001  OR  AN
 EQUIVALENT  STANDARD  FOR  INFORMATION  SECURITY MANAGEMENT SYSTEMS, AND
 PROVIDES PUBLICLY AVAILABLE INFORMATION TO  ENABLE  SELLERS,  CONSUMERS,
 AND  LAW  ENFORCEMENT  TO  CHECK  AN IMEI AGAINST LISTS OF MOBILE DEVICE
 EQUIPMENT IDENTIFICATION NUMBERS TO HELP PREVENT THE USE  OR  ACTIVATION
 OF MOBILE PHONES IDENTIFIED AS STOLEN OR FRAUDULENTLY OBTAINED.
   2. LIMITING WIRELESS SERVICE TO STOLEN PHONES. ANY PERSON, FIRM, PART-
 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
 
 BUSINESS ENTITY PROVIDING WIRELESS TELEPHONE SERVICES, AS SUCH  TERM  IS
 DEFINED  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED
 TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC LAW, SHALL HAVE AND MAINTAIN  A
 PROGRAM  REASONABLY DESIGNED TO PREVENT THE ACTIVATION ON ITS NETWORK OF
 A PHONE WITH AN INTERNATIONAL MOBILE EQUIPMENT  IDENTITY  NUMBER  (IMEI)
 THAT APPEARS ON THE GSMA BLOCK LIST.
   3. REPORTING OF STOLEN WIRELESS PHONES. ANY PERSON, FIRM, PARTNERSHIP,
 ASSOCIATION,  LIMITED  LIABILITY COMPANY, CORPORATION, OR OTHER BUSINESS
 ENTITY PROVIDING WIRELESS TELEPHONE SERVICES, AS SUCH TERM IS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C
 OF THE VEHICLE AND TRAFFIC LAW, WHO IS INFORMED BY A RETAIL STORE OPERA-
 TOR OF THE THEFT OF  NEW,  NON-ACTIVATED  WIRELESS  PHONES,  SHALL  TAKE
 REASONABLE  STEPS  TO  REPORT THE IMEI NUMBERS OF THOSE STOLEN PHONES TO
 THE GSMA BLOCK LIST.
   4. DISABLING OF SERVICE TO STOLEN WIRELESS PHONE.  ANY  PERSON,  FIRM,
 PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, CORPORATION, OR
 OTHER BUSINESS ENTITY PROVIDING WIRELESS  TELEPHONE  SERVICES,  AS  SUCH
 TERM  IS  DEFINED  IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWELVE
 HUNDRED TWENTY-FIVE-C OF THE VEHICLE AND TRAFFIC  LAW,  SHALL  HAVE  AND
 MAINTAIN  A  PROGRAM REASONABLY DESIGNED TO ENABLE IT TO SUSPEND SERVICE
 TO A STOLEN WIRELESS PHONE UPON NOTIFICATION BY A VERIFIED CUSTOMER THAT
 A WIRELESS PHONE HAS BEEN STOLEN. SUCH PROGRAM SHALL REQUIRE THE  PERSON
 OR BUSINESS ENTITY PROVIDING WIRELESS TELEPHONE SERVICES TAKE REASONABLE
 STEPS  TO  REPORT THE IMEI NUMBERS OF THE STOLEN PHONE TO THE GSMA BLOCK
 LIST.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.